AP Gov unit 2 Flashcards
Article 1
Legislative Branch: (Make the Laws) The U.S. Congress makes the laws for the United States.
Congress has two « Houses »: 1) the House of Representatives, 2) the Senate.; enumerated
powers (Article I, Section 8); necessary and proper clause (implied powers; aka- elastic
clause); denied powers to Congress; denied powers to states
Article 2
Executive Branch: (Execute the Laws) The President, Vice President, Cabinet, and Departments Under
the Cabinet Secretaries carry out the laws made by Congress; expressed powers of the President; take care
clause; Take Care Clause (implied powers)
Article 3
Judicial Branch: The Supreme Court decides court cases according to the US Constitution. The courts
Under the Supreme Court decide criminal and civil cases according to the correct federal, state and local
laws. Interpret the laws
Article 4
States’ Powers and Relationships between Federal Government and States/among the States: States
have the power to make and carry out their own laws that are related to the people and problems in their
area. States respect other states laws and work together with other states to fix regional problems. Adding
new states and territories. Protecting the states. (full faith and credit clause; privileges and immunities
clause)
Article 5
Amendments: The Constitution can be changed. New amendments can be added to the US Constitution.
Method of Proposal:
1. By two-thirds vote in both houses of
Congress
2. By national constitutional convention
called by Congress at the request of the
state legislatures (never used)
Method of ratification:
1. By legislatures in three-fourths of the
states
2. By specially called ratification
conventions in three-fourths of the states
Article 6
Federal Laws: The Constitution and federal laws are higher than state and local laws. All laws must
agree with the US Constitution. Oaths of allegiance to the Constitution. Prohibition against religious
qualification for holding office. (supremacy clause)
Article 7
Ratification: Process by which the Constitution was ratified. 9/17/1787 ratified by 12 states. 9/1787 –
7/1788, the states met and ratified the Constitution.
1st Amendment
Freedom of religion (establishment clause and free exercise clause), speech, press,
assembly, right to petition the government (although, your/these liberties are not
absolute…)
2nd Amendment
Bearing Arms: right to bear arms (protection… liberty, property, the ability to personally
protect yourself)
3rd Amendment
Quartering of Troops: protection from quartering troops (liberty- reaction to quartering
British troops during the American Revolution)
4th Amendment
Searches and Seizures: protection from unreasonable/unlawful search and seizures; need
for a warrant upon probable cause (an officer must show that it is probable, or likely, that the
search will produce evidence of a crime)
5th Amendment
Criminal Proceedings; Due Process; Eminent Domain: right to a grand jury, protection
from double jeopardy and self-incrimination, due process clause (fair hearing or trial),
eminent domain (the government cannot seize private property for public use without paying
the owner a fair price for it)
6th Amendment
Criminal Proceedings: speedy trial, legal representation, trial by jury criminal cases; outlines additional procedures that the government must follow before taking
away a person’s life, liberty, or pursuit of happiness. People accused of crimes have the right
to know what they are accused of doing, to hear from witnesses against them, and to defend
themselves in a trial that is open to the public within a reasonable amount of time after the
accusations are made. An indigent (very poor) person is guaranteed a government-provided
lawyer in serious criminal cases. It is assumed all others can afford to hire a lawyer.
7th Amendment
Civil Trials: trial by jury in civil cases; Either party (the complainant or the person accused
of causing harm or violating a contract) in a federal civil lawsuit involving more than $20 can
demand a jury trial (Today, civil cases with parties from different states, must involve a
monetary sum of at least $75,000)
8th Amendment
Punishment for Crimes: no cruel and unusual punishment; no excessive bail or fines
9th Amendment
Unenumerated Rights: all necessary rights shall be protected; these are rights not specifically
stated in the constitution
10th Amendment
Powers Reserved to the States: powers not specifically given to the Federal government are
reserved to the states or individuals
11th Amendment
Suits Against the States: clearly defines original jurisdiction of Supreme Court. Limited
federal court jurisdiction by barring citizens in one state from suing another state in federal
court.
16th Amendment
Income Tax: established Federal Income Tax system
17th Amendment
Popular Elections of Senators: established popular vote for Senators
18th Amendment
Prohibition against Intoxicating Liquors: prohibition of alcohol
19th Amendment
Equal Suffrage for Women: gave women the right to vote
21th Amendment
Repeal of the 18th Amendment: ended prohibition of alcohol
26th Amendment
Right to Vote- Age: gave right to vote to all citizens 18 years of age and older
Marbury v. Madison (1803)
Establishes Judicial Review. Federal courts had the power to nullify acts of the nation’s government when the courts found such acts to conflict with the Constitution
McCulloch v. Maryland (1819)
The first major Supreme Court decision to define
the relationship between the national and state governments. James McCulloch, the head cashier of the
Baltimore branch of the Bank of the United States refused to pay the tax, and Maryland
brought suit against him. Chief Justice John Marshall notes the Constitution
specifically called for the national law to be supreme. “The power to tax involves the
power to destroy,” wrote the chief justice.5 Thus, the state tax violated the supremacy
clause because individual states cannot interfere with the operations of the national gov-ernment, whose laws are supreme.
The federal questions to be determined by the Supreme Court- Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers? The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank, using the Constitution’s supremacy clause. The Court ‘s broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers.
Gibbons v. Ogden (1824)
involved a dispute that arose after the New York state legislature granted to Robert
Fulton the exclusive right to operate steamboats on the Hudson River. The states argued that
“commerce,” as mentioned in Article I , should be interpreted narrowly to include
only direct dealings in products. In Gibbons, however, the Supreme Court ruled that
Congress’s power to regulate interstate commerce included the power to regulate
commercial activity as well, and that the commerce power had no limits except those
specifically found in the Constitution.
The federal question to be determined by the Supreme Court- Does the Commerce Clause give Congress authority over interstate navigation? The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court’s broad definition of commerce included all commercial activity that crossed state borders, which can be regulated by the national government. The Court’s broad interpretation of the Constitution’s commerce clause paved the way for later rulings upholding expansive federal powers.
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Webster v. Reproductive Health Services (1989)
the U.S. Supreme Court in 1989 upheld several provisions of a Missouri law that regulated the performance of abortions.
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
the Supreme Court established that restrictions on abortion are unconstitutional if they place an “undue burden” on a woman seeking an abortion before the fetus is viable
U.S. v. Lopez (1995)
Supreme court established that gun possession is not an economic activity that has any impact on interstate commerce, whether direct or indirect, so the federal government cannot base a law prohibiting gun possession near schools on the Commerce Clause.
Arizona v. United States (2012)
United States Supreme Court holding that states may not implement their own immigration laws.
National Federation of Independent Business et al v. Sebelius, Secretary of Health and Human Services (2012)
The Court determined that the individual mandate was not valid under the Commerce Clause because Congress cannot use that power to require someone to buy health insurance. However, the Court did uphold it as a valid use of Congress’ taxing power, treating the penalty for failure to purchase insurance as a tax.
Federalist No. 10
a strong federal government can protect liberty because it guards against the dangers of control by a narrow interest. Madison also called it “faction.”
Federalist No. 51
addresses means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government. The idea of checks and balances is a crucial part of the modern U.S. system of government.
Brutus No. 1 (Anti federalist No. 1)
believed that the Constitution and laws of every state would nullified and declared void if they were, or shall be inconsistent with the Constitution. Brutus argued that under the Necessary and Proper Clause, Congress would be able to repeal state fundraising laws.
Antifederalist No. 17
No State can emit paper money, lay any duties or imposts, on imports, or exports, but by consent of the Congress; and then the net produce shall b for the benefit of the United States.
Antifederalist No. 84
Robert Yates discusses the necessity of the Bill of Rights to ensure liberties for future generations. Yates compares the creation of the new government to building a strong foundation for a building.
separation of powers; checks and balances
A feature established by the US Constitution that requires the three branches of government- the legislative, branch, the executive branch, and the judicial branch to be relatively independent of each other so that one branch cannot control the other two branches. Power is shared between among these three institutions.
federalism
System of government in which power is derived from the people and divided between the national government and state governments.
necessary and proper clause
Found in the US Constitution’s final paragraph of Article I, section 8, which gives Congress the authority to pass all laws “necessary and proper” to carry out the enumerated powers specified in the Constitution. This clause is also called the elastic clause and has been used to expand the power of the legislative branch and the national government.
take care clause
requiring the President to “take Care that the Laws be faithfully executed. (article 2 section 3)
full faith and credit clause
In section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.
supremacy clause
Article VI, Paragraph 2 of the U.S. Constitution. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.
enumerated powers
The powers of the national government specifically granted to Congress in Article I , Section 8 of the Constitution.
expressed powers
rights given to Congress to conduct governmental duties. Most of these powers are found in Article 1 Section 8 of the United States Constitution.
delegated powers
those powers granted to the national government under the United States Constitution. The most important delegated powers are found in Article I of the Constitution. Include the power to coin money, to regulate commerce, to declare war, to raise and maintain armed forces, and to establish a Post Office.
implied powers
The powers of the national government derived from the enumerated
powers and the necessary and proper clause.
concurrent powers
powers which are shared by both the federal government and state governments. This includes the power to tax, build roads, and create lower courts.
reserved powers
Powers delegated, or reserved, to the states by the Tenth Amendment, which builds the foundation for states to create laws pertaining to issues, such as public health and welfare of its citizens.
categorical grants
Grant that appropriates federal funds to states for a specific purpose.
block grants
A large grant given to a state by the federal government with only general spending guidelines.
programmatic requests
Federal funds designated for special projects within a state or congressional district.
mandates
Clauses in legislation that directs states and local government to comply with national law, policy, standards, etc. In general, mandates are requirements that direct states and local governments to provide services under threat of penalties or as a condition of receiving federal funds/a federal grant.
unfunded mandates
Federal programs that are not funded, or adequately funded, which are ultimately financed by the states.
necessary and proper clause
Found in the US Constitution’s final paragraph of Article I, section 8, which gives Congress the authority to pass all laws “necessary and proper” to carry out the enumerated powers specified in the Constitution. This clause is also called the elastic clause and has been used to expand the power of the legislative branch and the national government.
commerce clause
gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”
full faith and credit clause
In section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.
privileges and immunities clause
In section of Article IV of the Constitution guaranteeing that the citizens of each stare are afforded the same rights as citizens of all other states.
extradition
provides for the return of persons charged with a crime in one state who fled to another state.
enumerated/expressed/delegated powers
specifically granted to the federal government in Article I, Section 8 of the Constitution. This includes the power to coin money, to regulate commerce, to declare war, to raise and maintain armed forces, and to establish a Post Office.
dual federalism
The belief that having separate and equally powerful levels of government is the best arrangement, often referred to as layer-cake federalism.
cooperative federalism
The intertwined relationship between the national, state, and local governments that began with the New Deal, often referred to as marble-cake federalism.
new federalism
Federal-state relationship proposed by Reagan administration during the 1980s, which focused on returning administrative powers to the state governments.
progressive federalism
A pragmatic approach to federalism that views relations between national and state governments as both coercive and cooperative.
preemption
A concept that allows the national government to override state or local actions in certain policy areas.
