ap exam study guide Flashcards
written by thomas jefferson, explains why colonies were breaking away from great britain. life, liberty, and the pursuit of happiness, inalienable rights. how the king has harmed the colonists.
declaration of independence
written at the second continental congress. took 9/13 states to pass laws or amendments. weak congress that could not impose taxes on states, but states could tax each other. weak central government made other countries reluctant to lend to the US
articles of confederation
written by james madison. factions are natural and inherent to human nature, but can cause violence and political instability. argued for a representative government (aka the house) to insure that the rights of the minority were protected
federalist 10
written by james madison. argued for a division of power among three branches of government, further divided in state governments
federalist 51
the constitution allowed for too much power in the federal government, which would lead to tyranny. federal government has total authority and states have little power to disagree. a representative democracy could not work in the US because it would create a group of elites who ran everything
brutus 1
written by alexander hamilton. argued for a sole president/chief executive rather than a board of executives. more than one president or executive would lead to argument within the board, things would never get solved, and the people would lose faith in the government
federalist 70
SCOTUS judges can stay for life without any danger because the supreme court does not have power over other two branches, and reelecting judges would make them too political and take away from their objectivity. establishes the importance of separation of powers and judicial review. think 789 (9 judges)
federalist 78
established three branches, checks and balances, and got ratified after the bill of rights was added
constitution
the first ten amendments, which guarantees certain rights to the people that the federal government cannot change.
bill of rights
written by martin luther king jr. direct action/peaceful protest is the only way to confront racism and create change. expresses his hope in achieving equality and desegregation
letter from birmingham jail
soon after the creation of the second bank of the US, maryland tried to impose taxes on the bank. the state government thought the bank to be unconstitutional, but SCOTUS decided the bank was within the reach of congressional power. ruled that states cannot tax the federal government. involves the necessary and proper/elastic clause and the supremacy clause
mcculloch v. maryland
US tried to argue that the gun free school zone act was constitutional due to the commerce clause because shootings could impact the economy. supreme court decided the act was unconstitutional and did not fall under the commerce clause and violates the second amendment. this case extended the reach of the tenth amendment
US v. lopez
prayer in schools, whether voluntary or not, was unconstitutional and violated the free exercise clause of the first amendment, as well as freedom of religion. ruled that public schools are not allowed to sponsor religion of any kind. (think angel=religion)
engel v. vitale
amish children do not have to attend school past eighth grade due to religious and cultural beliefs. violated the first amendment, free exercise clause and freedom of religion
wisconsin v. yoder
students who wore black armbands in protest of the vietnam war were allowed to as long as they did not disrupt learning. students do not give up constitutional rights at school. involves first amendment right of freedom of speech and freedom of symbolic speech
tinker v. des moines independent community school district
newspapers like the new york times were allowed to publish the pentagon papers, which detailed US intervention in vietnam. though considered classified material, not allowing news outlets to publish the pentagon papers violated the first amendment freedom of the press
new york times company v. US
pamphlets encouraging draft dodging that stated the draft violated the thirteenth amendment (prohibits involuntary servitude) violated the espionage act. the espionage act does not violate the first amendment freedom of speech and was appropriate under congressional wartime authority
schenck v. US
during the trial of a man accused of committing a crime in florida, the man was refused an attorney. this case involved the selective incorporation of the sixth amendment, which was ruled to apply to any crime. also includes fourteenth amendment, fair treatment under law.
gideon v. wainwright
chicago did not have the authority to ban handguns within the city. violated the second amendment. (relates to DC v. heller in which DC tried to ban handguns)
mcdonald v. chicago
overturned the ruling of plessy v. ferguson, which established that segregation was allowed as long as facilities were separate but equal. school segregation violated the fourteenth amebdment’s equal protection clause. ended segregation in public schools
brown v. board of education
the bipartisan campaign reform act (aka BCRA) violated the first amendment freedom of speech. citizens united was allowed to distribute movies/ads about presidential candidates. corporations are considered people who have freedom of speech
citizens united v. FEC
a law for tennessee’s general assembly was ignored, and recent reappointments in the legislature did not take change into account. involves fourteenth amendment. SCOTUS is allowed to hear cases involving legislation. one man, one vote. (think one man drives a car)
baker v. carr
an unusually shaped congressional district in north carolina was ruled to be unconstitutional and violated the equal protection clause of the fourteenth amendment. racial gerrymandering is not allowed in any state
shaw v. reno
new appointments to courts were not valid until the new judges were delivered their commissions. the issue with this case was if the supreme court had the power to declare a law made by congress unconstitutional. created judicial review
marbury v. madison
after an illegal police search, the court determined that evidence obtained in searches and seizures that violated the fourth amendment was invalid. established exclusionary rule
mapp v. ohio
the free exercise and establishment clauses, freedom of speech, religion, assembly, the press, petition
first amendment
right to keep and bear arms
second amendment
forbids forcible housing or quartering of military personnel in homes during times of peace
third amendment
prohibits unreasonable searches and seizures by the government
fourth amendment
right against self-incrimination, guaranteed fair trial, prohibits double jeopardy
fifth amendment
the government must provide an attorney to anyone accused of a crime, right to a speedy trial and impartial jury, knowledge of the charges and evidence against you
sixth amendment
all citizens have the right for their case to be heard by a jury, no matter the crime
seventh amendment
prohibits excessive bail, excessive fines, and cruel and unusual punishment
eighth amendment
enumerated rights are not exhaustive and rights not specifically listed in the constitution are still granted to the people
ninth amendment
powers not delegated to the government in the constitution belong to the people or states
tenth amendment
