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AP Government & Politics ~ Review!
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Acronyms O SCOTUS O POTUS O CBO O GAO O OMB O EPA O FED O ADA O PAC O Supreme Court of the US O President of the US O Congressional Budget Office O General Accounting Office O Office of Management & Budget O Environmental Protection Agency O Federal Reserve Board of Governors O Americans with Disabilities Act (1990) O Political Action Committee
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2/3 O Override presidential veto in both houses of Congress O Senate approval of a treaty O Impeachment trial in the Senate O Proposal for a Constitutional Amendment in both houses of Congress O Proposal for a Constitutional Amendment in national convention
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Articles of Confederation O National government could not levy taxes O No national army O No control over trade (domestic or foreign) O No federal supremacy O No Supreme Court O No Executive O Amendments required unanimous vote O Pass laws ~ 9/13 vote
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US Constitution O 7 articles O Article I – Legilslative, II – Executive, III – Judicial, IV – states (full faith credit, extradition, federalism, creation of new states), V – Amending, VI – Supremacy Clause, VII – Ratification O 27 Amendments (BOR – 1-10, ratified 1791) O Living Document
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Principles of the Constitution O Checks and Balances O Separation of Powers O Federalism O Republicanism O Judicial review O Other liberties included within the articles O Writ of habeas corpus O No Bill of attainder O No ex post facto laws
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Marbury v. Madison (1803) O Judicial review, executive privilege, federalism, jurisdiction O 1 st time SC declared a Congressional act – Judiciary Act of 1789 – unconstitutional O Chief Justice John Marshall wrote decision O Legitimized role of the Supreme Court
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Federalist No. 10 O Publius (James Madison) O Factions (interest groups/parties/passions) and REPUBLICAN form of government O “liberty is to faction what air is to fire” O Factions allow us to consider all sides; inevitable differences; dangerous if not monitored O Government is the mediator between factions, none should gain enough power to violate other’s rights in free government
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Federalist No. 51 O Publius (James Madison) O Separation of branches; Checks and balances O “The great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” O “ambition must be made to counteract ambition” O “If men were angels, no government would be necessary.”
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Federalist No. 78 O Publius (Alexander Hamilton) O Judicial power implied in judicial review O The independence of judges is an essential safeguard against effects of society O (Judicial Branch) has “neither FORCE NOR WILL, but merely judgment…” O “right of the courts to pronounce legislative acts void…” O “No legislative act, therefore, contrary to the constitution, can be valid.”
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Constitutional Powers O Delegated - Powers granted to one of the three branches of the national government by the Constitution O Implied – authority granted by inference of the delegated powers O “necessary and proper clause” O McCulloch v. Maryland (1819) O Federal supremacy – ? Over power to establish national bank
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Powers (Ctd.) O Inherent Powers – self-evident powers, because you are a nation O Protection of citizens under the government O Foreign negotiations, international agreements, acquire territory, protection of citizens, etc. O These are a “given” not controversial like the implied powers
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Grants O Ways that federal govt disperses $ to state and local governments O “Grants-in-aid”; revenue sharing O Categorical- $ for a specific purpose, subject to federal supervision (school lunches, building of highways and airports) O Project Grants- state, local, and nongovernmental agencies can apply for $(universities, employment training programs) O Block- broad grants to states for prescribed activities with few strings attached (child care, welfare, social services, education and health care) O “Devolution Revolution” – the effort to slow growth of the federal government by returning many functions to the states (welfare) “Welfare Reform Act of 1996”
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Mandates O Federal law for all levels of government O New Deal Programs, Great Society Programs, Clean Air Act were mandates for the nation O Unfunded Mandates O Americans With Disabilities Act 1990 (ADA)
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1 st Amendment O Civil Liberties O “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press, or the right of the people to peacefully to assemble, and to petition the Government for a redress of grievances.” O Schenck v. United States(1919) speech, clear and present danger O Gitlow v. New York(1925) incorporation of the First Amendment’s freedoms of speech and press provisions, citing the 14 th Amendment’s due process clause to apply to state law
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1 st Amendment O Establishment Clause: “make no law respecting the establishment of…” O Lemon v. Kurtzman (1971) “lemon test or 3-pronged test” O Engle v. Vitale (1962) no state-sponsored prayer in public school O Free exercise clause: “or prohibiting the free exercise of…” O Reynolds v. US (1878) – polygamy is illegal and is not protected under the 1 st O Oregon v. Smith (1990) – unlawful drug use is illegal in religious ceremonies and is not protected under the 1 st
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14 th Amendment (1868) O Defined citizenship O Clauses: privilege and immunities, Due Process, equal protection O Incorporation O Application of due process clause to the State law – “nor shall any State deprive any person of life, liberty, or property, without the dues process of the law” O Gitlow v.New York (1925)
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Incorporation Doctrine O The legal concept under which the Supreme Court (and federal courts) has “nationalized” the BOR by making most of its provisions applicable to the states through the 14 th Amendment O Selective Incorporation- SC (or federal courts) decide on a case by case basis, when to apply the BOR to state law from the due process or equal protection clauses in the 14 th O Palko v. Connecticut (1937)- first rejection by SC of “total” incorporation; ruled that the 5 th amendment double jeopardy provision does not apply to the states through the 14 th overturned by Benton v. Maryland 1969 – incorporated double jeopardy
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4 th Amendment O Search & seizures O Wolf v. Colorado (1949) incorporation case, 4 th and 14 th O Mapp v. Ohio (1961) incorporation case, 4 th and 14 th O Exclusionary Rule
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Due Process O 5 th and 14 th Amendments O Protection against deprivation of life, liberty, or property O Rights of the accused O 5 th : Due process, eminent domain, self- incrimination, double jeopardy, capital crime – grand jury (except military and emergencies)
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6 th Amendment O Fair and speedy trial; right to counsel O Miranda v. Arizona (1966) rights of the accused, 5 th amendment, right to counsel, self-incrimination O Gideon v. Wainwright (1963) counsel must be provided in felony cases (incorporation case – due process in 6 th and 14 th )
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Suffrage Amendments O 15 th – (1870) African American males O 17 th – (1913) direct election of US Senators O 19 th – (1920) Women Suffrage O 23 rd – (1961) District of Columbia residents vote for president O 24 th – (1964) prohibit poll taxes O 26 th – (1971) 18 year old vote
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