AP Government & Politics Study Guide

Unit 1: Democracy and the Constitution

Chapter 1: American Government and Politics

1.1: The Fight for Students’ Rights 

 Bright Mergens: a student who wanted to start a Christian Bible Study Club at her local high
school in Omaha, Nebraska.
 Mergens’s request was denied by the school, she reached out to the Christian Advocacy Group
for help. The Advocacy Group helped her by using the Equal Access Act. 
 Equal Access Act: restricts the ability of public high schools to exclude religious extracurricular
activities 
 1981: Supreme Court gave high school students the same rights as college students 
 GSA: a group of students wanted to start a Gay-Straight Alliance at their school and were faced
with the same issues as Mergens. They asked the American Civil Liberties Union (ACLU) for
help, they also used the Equal Access Act to aid their case. 

1.2: American Political Culture

 John Locke: Enlightenment Philosopher, he came up with the ideas of natural rights, social
contract, and that the people have the right to replace the government
 Baron de Montesquieu: French Enlightenment Philosopher, he came up with the ideas that
powers in the government should be divided into branches 
 David Hume: Scottish Enlightenment Philosopher, came up with the idea that the government
should be designed to keep greedy and ambitious from using political power to their own
advantage 
 Liberty: freedom from interference by a government or a freedom to pursue one’s dreams 

1.3: Competing Theories of Democracy 

 Participatory Democratic Theory: emphasizes the importance of citizen involvement, finding
new ways to organize and interact for the common group; an example would be civil society
groups 
 Pluralist Theory: joining groups of like-minded people, emphasizes the roles of groups in the
policymaking process, policymaking is a complex and results from bargaining and
compromises 
 Elitist Theory: a small minority with most of the economic power controls the government,
states that the top 1% of the population have too much control over the policymaking process 

1.4: Institutions, Systems, and Power 

 Totalitarian Government: have limitations on their power
 Authoritarian Government: suppress the voices of their citizens to maintain power, does not
extort total control over citizen’s lives 
Chapter 2: The Constitution

2.1: The Articles of Confederation 

 A Firm League of Friendship: mistrust of other states crystallized in conflicts over land,
representation, and sovereignty; each state had one vote in congress 
 Limitations on the Power of the Confederal Government: state legislations had most of the
power; had no money for a military, asked states for money; Congress sold western lands in
order to raise money for the national government, no independent judicial branch; president of
Congress mainly served to keep order and count votes; a week government; didn’t have power
to resolve brewing economic, political, and social unrest 
 Annapolis Convention: Fall 1786 to address issues; might lead to significant changes in
government; participation was weak; trade disputes; called for a convention in Philadelphia
 Unrest and Danger of Rebellion: many Americans did not want to replace the AOC 
 Shortage of Money; unable to pay debts, government raised taxes 

2.2: The Constitutional Convention 

 Representation and Power: Madison’s notes; power of the national government over slavery,
trade, and commerce 
 Individual Rights: limited government, different branches of government 
 Constitution was the result of a compromise 
 Slavery could’ve torn the country or the convention 

2.3: Branches of Government 

 Executive Branch: executes laws, works to shape legislative agenda, has power to veto
legislation, nominates judges to the federal judiciary, nominates key executive branch of
officials, gives states of the Union Address, president acts as commander in chief of the
military, sets foreign policy agenda, oversees federal bureaucracy 
 Legislative Branch: writes nation’s laws, can override a presidential veto, determines the
number of Supreme Court justices, creates lower courts, declares war, senate ratifies treaties,
House of Representatives issues articles of impeachment, Senate holds impeachment trials,
budget authority and oversight over executive branch agencies, senate confirms judicial
nominates, senate confirms key executive branch officials 
 Judicial Branch: interprets contested laws, can declare both federal and state laws
unconstitutional, may declare executive branch actions in conflicts with the constitution 
 Separation of powers and Federalism created multiple access points for citizens to influence
government policies 
 Justices are nominated by the president 

2.4: Ratification: Federalists versus Antifederalists 

 Antifederalists raised fear about the new changes in the government, argued it will trample on
the rights of the people
 3 main issues that divided the Federalists and Anti-Federalists 
o The feasibility of republican government in a large nation
o The relative power of states and the national government
 o The lack of a bill of rights in the constitution 
 Anti-Federalists worried that representatives would not keep in mind the citizen’s votes, as they
were further away from their district, grow more distant from the people over time, and
oppress the people, states would grow weaker, wanted more restrictions on the national
government 
 3 branches of the government was proposed by Madison to ease the Anti-Federalists 
 Anti-Federalists wanted a Bill of Rights(reminds citizens of their natural rights) 
 Founders created a flexible document that can be changed with times 
 Wealthy elites supported the Constitution for their own personal benefits 

Chapter 3: Federalism 

3.1: Conflict over Medical Marijuana 

 Angel McClary Raich and Diane Monson filled a lawsuit against the United States about medical
marijuana 
o Use of medical marijuana was legal under the laws of California but illegal under federal
law. 
 “Where is the boundary between the powers of the federal government and those of the
states?” 

3.2: Federalism and the Constitution 

 Unitary System → United Kingdom, China, and Iran 
o National government rules over subnational governments.
 Confederal System → Switzerland 
o States have more power than national government.
 Federal System → United States, Mexico, Nigeria, and Russia
o Power is divided between national and state governments. 
 Power to tax is shared with the national and state government, allowed to borrow money 
 States interact with each other 
 Enumerated powers are listed in Article 1 Section 8 of the Constitution.
 Granted powers:
o Enumerated:
 Coin money, declare war, raise and support the armed forces, make treaties,
naturalization of citizens, and regulate interstate and foreign trade and trade
with Indian tribes.
o Concurrent:
 Levy taxes, borrow money, interstate commerce, regulate banks, create and
operate court systems, and determine voting qualifications.
o Reserved:
 Provide police/fire protection, conduct elections, amendments approved by ¾
of the states, establish local town county and regional bodies, and regulate
intrastate commerce. 
 Relationship between local and state governments is unitary.
o The local governments are heavily dependent on the proceedings at the state level.
3.3: The Dynamic Nature of Federalism 
 McCulloch v. Maryland (1819)
o Many wondered if Congress had the authority to establish the bank in the first place.
o Maryland passed laws to tax the Second Bank of the United States. 
o Bank officials refused to pay the tax and the issue went to the Supreme Court.
 Congress is not limited by it's expressed powers, but is also has implied powers under the
necessary and proper clause 
o The right to establish a bank was an implied power of Congress.
 Gibbons v. Ogden  (1824) 
o Talked about the Commerce clause of the Constitution.
o “Steamboat monopoly case.”
o Necessary and proper clause.
 Congress has the power to regulate trade between States.
 Fourteenth Amendment
o Anyone and Everyone who was born in the US are citizens of the United States of
America
o This made sure that Southern states did not deny citizenship to former slaves
o Under the Equal Protection Clause, states can not deny a person’s protection under this
law 
 The three amendments(13,14,15) were passed to limit the states’ ability to discriminate against
citizens .
 Plessy v. Ferguson (1896)
o Homer Plessy was a light-skinned man who was arrested and fined for violating a state
law that called for separate railroad facilities for whites and African Americans.
o Judge stated that Louisiana didn’t break any constitutional rules because an
amendment can’t fix social prejudices. 
o Racial segregation was constitutionally permissible for almost 60 years. 
 The relationship between the nation and the states in America is called Dual Federalism.
o This means that they work side by side with one another with as minimal interaction as
possible 
 Gitlow v. New York (1925)
o The courts declared the 1st & 14th Amendments as fundamental liberties protected by
the due process clause from the violations by the state. 
o This limited the actions of the states so they would not take away the liberties
produced in the Bill of Rights 
 Switched from dual federalism to cooperative federalism.
o National government responsible for raising revenues and setting standards while state
governments administered the programs. 
 During the Great Depression, the local and state governments weren’t able to fulfill the needs
of the residents, so they went to the federal government for help. 
 FDR aided the states with financial aid because he knew the states would not be able to handle
the problems at hand without it. Though, it meant states would have to give up some of their
state authorities. This strengthened the role of the national government in the economy. 
o NEW DEAL.
  Many programs that represent Cooperative Federalism were originated in Roosevelt’s New
Deal
 o Social Security Act of 1935 
 Supported the vulnerable groups of Americans
 Unemployment Insurance for workers 
 Old-age insurance and assistance programs, also set up disability insurance  
o Works Progress Administration (WPA) 
 Created to provide jobs for the thousands of people who were unemployed
during the Great Depression 
 WPA projects helped to benefit the public, they built bridges, airports, schools,
parks, and utilities 
o Others 
 Funded research, historic preservation, and public libraries 

3.4: Modern American Federalism 

 Categorical Grants
o Provided money to states or to local or regional governments for specific policy
objectives with certain conditions attached to receiving or spending money
 Conditions such as how the grant may be used, state government might also
have to fund
o Important source of national power 
o Pose several issues for states 
 Nixon and Reagan both had said to return some of the state and local authorities back to them,
and lessen federal actions in the places that weren’t needed 
o Block Grants
 Gave states more authority in setting and enforcing the rules of welfare
programs 
o Revenue sharing:
o Devolution

3.5: The Supreme Court and Modern Federalism 

 United States v. Lopez
o Preserving States’ Authority
o Lopez carried an unloaded firearm to school to sell to another student.
o Convicted at state level but the conviction was overturned. 
o The federal government stepped in to say that dropping the charges violated the Gun-
Free School Zones Act of 1990.
o Proceeded to say that gun laws concerned economics and that the federal
government’s involvement was merited. 
o Supreme Court decided that Congress’ argument wasn’t valid and dropped the
charges. 
 Gonzales v. Raich
o Basically wanted to grow marijuana.
o Supreme court said nah because it actually deals with interstate commerce because it is
a lucrative market. 

Extraneous Notes:
  Representative Democracy has three models.
o Pluralism: Involves various groups all vying for control of the policy agenda. Since no
single group emerges, this model forces the groups to compromise. Involved in policy
making.
o Participatory: Emphasizes participation in politics. Built on the idea of “majority rules.”
Only applicable in town meeting settings but not in a larger scale because it can result
in a violation of minority rights.
o Elitist: The upper class of wealthy individuals is running the society, unequal nature of
power groups.
 Declaration of Independence
o DOI establishes unalienable rights using Locke’s philosophy.
o Limited governments are formed and receive their powers from the consent of the
governed.
o List of grievances in which a “case” is made against.
 Taxation without representation, unjust trials, forced quartering of British
soldiers in private homes, abolition of colonial assemblies, etc.
o Statement of Separation.
 No choice but to revolt. 
 Jefferson said that it was the right and duty of the colonists to change
government. 
 Federalists vs. Antifederalists:
o Federalists were in favor of the Constitution.
 Usually upper class.
 Madison wrote in Fed. 10 that factions are extremely dangerous to the
government.
 Madison was fearful of the impact of factions after the occurrence of
Shay’s Rebellion. 
o Antifederalists were regular citizens who feared that the DOI would be overrun by the
Constitution. (Common people like farmers.)
 They insisted that a Bill of Rights were inserted.
  Antifederalist views were listed in Brutus 1.
 Argued against the ratification of the Constitution.
 Argued that in such a vast republic, the government wouldn’t be able to
address the needs of its constituents.
 The New Jersey Plan wanted all states to have equal representation.
 Virginia Plan wanted larger states to have more representation.
 Connecticut or Great Compromise made use of both plans.
o Bicameral Congress.
 Senate is represented equally by the states.
 House of Representatives is represented by the population.
 Federalist 51 laid out the reasons for three separate independent
branches of the national government.

Unit 2: The Branches of Federal Government

Chapter 4: The Congress 

Section 4.1: The Constitution and Congress 
 House of Representatives
o 2-year terms ( unlimited terms ) 
o Must be 25 years old 
o Resident of his/her state  & Must be a US Citizen for at least 7 years
o Voted by eligible voters in their districts 
o Meant to be close to the people and their wishes 
o Brief term would keep them accountable 
 Senate 
o At least 30 years old 
o Much be a US Citizen for at least 9 years & Resident of the state 
o 6-year terms divided into 3 classes ( unlimited terms ). 
o 2 senators are elected to each state by the people. 
o More insulated from the public and the “passions” of people
o Less governed by rules, more power to individual members, not informal 
 Congress 
o Creation of a bicameral legislature was a balance between the populous and less
populous states. 
o The most important part of Congress is its ability to pass laws in areas of national
policy 
o Authorized to legislate in economic policy, national security, foreign policy, and other
policy areas  
o Sets a federal budget,  has substantial power over policymaking & appropriates funds
for agencies and programs 
o Congress’s budgetary powers have an impact on the bureaucracy 
 Congressional action authorizes the department or agency 
 Congress funds the agency’s activities 
o Pork Barrel Spending has been criticized for putting narrow interests ahead of those of
the nation’s voters 
 Earmarks: the allocation of money to specific projects in states or congressional districts - are
often popular with those who receive them and with the senators and representatives who can
claim credit for bringing the money home. 
o Others criticized them as putting the needs of a few beneficiaries ahead of the needs of
the nation as a whole.
 Congress oversight ensure that laws are implemented in the way that Congress intended or to
investigate the president or members of the executive branch for wrongdoing
o Not an easy task due to the growth and complexity of the federal government
o Oversight responsibilities over the federal bureaucracy, other branches of government,
and elected and appointed officials 
 Congressional committees and subcommittees may conduct hearings and investigations into
the actions of the federal bureaucracy to ensure the funds appropriated for the programs are
spent efficiently and legally 
 The Constitution created a bicameral legislature divided between the House of Representatives
and the Senate to establish checks and balances within Congress.
 Members of the House are meant to be closer to the people. Shorter terms and looser eligibility
requirements open the doors wider to potential representatives. 
Section 4.2: Politics of Congressional Elections 
 Constituency: A body of voters in a given area who elect a representative or senator.
 Senate is made up of 100 members, 2 from each state.
o No 2 Senate seats will be up for grabs at the same time. 
 The House of Representatives has been set at 435 members.
 Apportionment: The process of determining the number of representatives for each state.
 Redistricting: States’ redrawing of boundaries of electoral districts following each census. 
 Gerrymandering: The intentional use of redistricting to benefit a specific interest or group of
voters.
 Partisan Gerrymandering: Drawing of district boundaries into weird shapes to benefit a political
party.
 Racial and ethnic gerrymandering results in Majority-minority districts in which voters of a
minority ethnicity constitute an electoral majority within that electoral district. 
 Baker v. Carr: “One person, one vote.”, Equal Protection Clause of the 14th Amendment.
 Shaw v. Reno: Although race can be used in determining majority-minority districts, it cannot
be the primary factor.
 Incumbency: Being already in office as opposed to running for the first time.
 Incumbency advantage: Institutional advantages held by those already in office who are trying
to fend off challengers in an election.
o Incumbency advantage is greater in the House of Reps. than in the Senate.
 House members run every 2 years so their names are more fresh in the minds of
voters.
 Senate members run every 6 year so it’s difficult for voters to remember these
contestants.
 Factors that contribute to winning a seat in Congress include understanding one’s constituency,
experience, and money.
 Incumbents enjoy an easier path to reelection, whereas challengers typically try to wait for the
right circumstances to make a bid. 

Section 4.3: The Organization of Congress

 Each chamber of Congress has created and modified its own rules. 
o Formal Structure of Congress revolves around the role of political parties and party
leaders. 
 Political parties, party leaders, and the committee system shape much of what happens in the
House and the Senate.
 Majority and Minority Parties control important leadership positions and organize
congressional behavior. 
o Both advocate for their preferred policies and help individual members in their
reelection efforts. 
 Party Discipline in the United States has traditionally been weak; party leaders in Congress
struggle to make their own members vote in support of party positions.
o Becomes even harder when the member’s constituents opinion clashes with the
member’s political party 
 Party leaders work with their members to set legislative goals, choose leaders, assign members
to committees, and try to present a unified message to the U.S. electorate through media. 
 Leadership in the House 
 o House is more formally structured than the senate 
o House members individually are less powerful than Senators 
o Speaker of the House has a considerably large amount of power 
 Elected every two years by Congress 
 Second in line of succession to the presidency 
 Has power over the House agenda and committee assignments 
o House Majority Leader is second-in-command
o The whip collects information about how individual members are planning to vote,
corralling their support on key votes and setting party strategy
 Ensures party unity and discipline.
o House Minority Leader has less influence than the Speaker but works to coordinate
minority party activity, opposition to the majority party, and overall strategy 
 The official leader of the Senate is the vice president of the US, but he/she can only vote in a tie.
 Senate majority leader is the most powerful position in the Senate.
o Chosen from the majority party.
o Not as powerful as the Speaker of the House.
 Congress is split up into committees to effectively split the workload.
 Committee chairs have the most influence over committee process and the committee’s
agenda. 
o Party Leaders have a say in who is selected as a Committee chair ( giving the party
leaders more power in the legislative business ) 
 Congress itself has 4 types of committees.
o Standing: Where most of the work gets accomplished, consider legislation, exercise
oversight of bureaucratic agencies. Standing committees are divided into
subcommittees which are further specialized.
o Joint: Contain members of both the House and Senate, focus public attention on issues,
gather information for Congress, and speed along the legislative process.
o Conference: Temporary joint committee to resolve differences between the House and
Senate versions of a bill.
o Select/special: Temporary, called upon to investigate an issue such as a crisis or
scandal.
 Political parties exert a good deal of influence in Congress. Both the majority and minority
parties in Congress control key leadership positions and work to advance policy goals and get
members rejected.
 Congressional committees do most of the work of Congress and are divided into types
specializing in different subject areas. 
 A large congressional staff assists with casework, researching and drafting policy and
legislation, and constituent preferences.  

Section 4.4: “I’m Just a Bill”

 Only members of Congress may introduce a bill.
o However, interest groups play a role in shaping a bill or encouraging a member to
introduce it.
 ONLY the HOUSE can introduce revenue bills.
 Before they can become laws, bills must be passed by both the House and Senate and then
approved by the president. They are first introduced in either chamber, then referred to
 committee and/or subcommittee may take various actions, such as holding hearings, marking
up the bill, or voting on the bill. The bill might be sent to a committee for reconciliation. The bill
than proceeds to the House or Senate for a vote. Finally, the bill moves to the president for
consideration.
 Some bills go to multiple committees. Bills can be forced out of committees through discharge
petition. Presidents have the ability to shape bills through the threat of a veto vote. 
 Actors other than members of Congress may play a role in influencing whether a bill gets
introduced.
 Most bills are never passed(most die in Congressional Committees). 
 House Rules Committee: A powerful committee that determines when a bill will be subject to
debate and vote on the House floor, how long the debate will last, and whether amendments
will be allowed.
 Committee of the Whole: Consists of all members of the House and meets in the House
chamber but is governed by different rules, so it’s easier to consider complex legislation.
 If a senator opposes a bill, that senator may put a hold(or delay) on it.
 Unanimous consent agreement: An agreement in the Senate that sets the terms for
consideration of a bill.
 Filibusters are not stated in the Constitution, but they have been adopted in the rules by the
Senate. ( if two-thirds of the Senate agreed a filibuster would end ) 
 Senators can threaten a filibuster a bill and hold up an unrelated vote or confirmation of a
presidential nominee if they so wish to do so. 
 Veto Overrides are not common and suggest a disconnection between a president and the
Congress. 

Section 4.5: Congress and the Budget 

 The Budget and Accounting Act of 1921 established the basis of modern federal budgeting
processes.
 In 1970, the Office of Management and Budget (OMB) was established to assist the president in
setting national spending priorities.
 2 Steps to setting the federal budget:
o Step 1: The President’s Proposed Budget
 The president’s proposed budget should be reviewed by Congressional
Committees.
 Fiscal year begins in October.
 Entitlement programs: A program that provides benefits for those who qualify
under the law, regardless of income.
 Social Security and Medicare.
 Mandatory spending: Spending required by existing laws that is “locked into”
the budget.
 Discretionary spending: Spending for programs and policies at the discretion of
Congress and the President.
o Step 2: Congress Acts
 Congress is expected to produce a budget resolution that has broad outlines for
the federal spending. 
 Real action happens in the House and Senate appropriations committees. 
 These committees then submit budget resolutions that are passed
from Congress to the president for approval.
  The president proposes a budget for each federal fiscal year, and the
Congress votes on the president’s proposals, typically after amending
the budget. 
 The budget covers discretionary spending ( money that can be
allocated for any purpose ) and mandatory spending ( the majority of
outlays, which are required to be paid ).
 The federal budget may result in a surplus or a deficit, although deficit
spending is more common in recent years. 
 Social Security is the largest social program of the U.S. government
and is an entitlement program that most Americans participate in. 

Section 4.6: Challenges of Representation 

 Delegate vs. Trustee vs. Politico role.
 Problem with Partisanship.
o Current voting records show a clear trend away from Bipartisanship.
 Members of Congress must consider several factors in making policy, including how to consider
the preferences of their constituents, their donors, their judgement, and their party.
 However, Congress truly does not represent the population today.
 Members of Congress may act as delegates, trustees, or politicos. 
 Descriptive representation means that representatives are similar demographic to those they
represent. Substantive representation means putting forth policies that constituents support.

Chapter 5: The American Presidency 

Section 5.1: Presidential Power and the War on Terror 

 9/11
o George W Bush issued a series of executive orders in response to national security crisis 
o He also called the members of Ready Reserve of the Armed Forces to active duty, to
seixe financial assets and block finanical transtions with the personnes and
organizations that are suspected of aiding terrorism. 
 Capture of Yasar Hamdi
o Northern Alliance (local militia in Afghanistan) caught Yasar Hamdi in 2001 
o Yasar Hamdi
 American Born Citizen
 Baton Rouge, Luisiana 
 Moved back to Saudi Arabia a year after his birth 
 Accused of aiding the Taliban in operations against the US military in
Afghanistan 
 Moved to US Military Factities, held as “enemy combatant” without an attorney
or the right to challenge his detention in courts
 His father filed a petition for a Writ of  Habeas Corpus 

Section 5.2: The Constitution and the American Presidency 

  The framers called for a single executive, the president, with enough power to lead successfully
but not so much power as to make the office susceptible to tranny.
 The president serves a four-year term with the possibility of reelection.
 Candidates must be natural-born citizens, at least thirty-five years old, and a resident of the
nation for fourteen years.
 The office of the presidency is granted a set of formal and informal powers, including the power
to carry out the laws of the nation, guide foreign policy and relations with foreign leaders, make
policy recommendations to Congress, veto legislation, act as commander in chief of the
military, and grant pardons.
 Presidents have expanded their informal powers through executive agreements, executive
orders, and signing statements.
 Executive power is constitutionally limited by powers granted to Congress and the judiciary. 

Section 5.3: Limits on Presidential Power 

 Congress checks executive power through its budgetary powers and its power to override
vetoes.
 The Senate checks the president by confirming nominations to the cabinet and federal judiciary
with a majority vote and ratifying treaties with a two-thirds vote. 
 Congress has the power to declare war. It passed the War Powers Resolution in an attempt to
restrict the president’s ability to commit troops. 
 The House has the power to impeach a president for high crimes or misdemeanors, and the
Senate has the power to convict and remove an impeached president with a two-thirds vote. 
 The Supreme Court may check the president by overturning executive actions( judicial review ). 
 A president may only introduce armed forces in conflict if it meets ONE of the THREE
conditions:
o “A declaration of war [ by Congress ],”
o A “specific statutory authorization [ by Congress ], or 
o “a national emergency created by an attack on the United States, its territories or
possessions, or its armed forces.” 

Section 5.4: The Modern Presidency in Context 

 The vice president assumes the office of the presidency should a serving president vacate the
office due to death, infirmity, resignation, or impeachment.
 The Twenty-Fifth Amendment sets the modern rules of succession and also establishes a
process for replacing a vice president who leaves office during his or her term.
 The first spouse typically chooses a policy area to focus on and uses her influence and visibility
to call attention to the issue and promote solutions.
 The Executive Office of the President is a collection of agencies and offices that assist the
president in both an advisory and policymaking capacity. 
 Public opinion plays an important role in expanding or constraining the power of individual
presidents. 
 A president’s approval ratings tend to decline over time. 
 As a first spouse, you often focus on one or more policy areas and use your influence and
visibility to call attention to the areas and promote solutions. 
 Four main features of modern presidency:
o The president now regularly initiates legislation
 o Many unilateral powers have been delegated to the presidency by Congress, including
greater authority over trade policy and war 
o The president is now the focus of the public attention
o Larger staff directly working for the president (EOP) 
 A president with a high approval ratings is in a more powerful position in relation to Congress
than one with low or sinking rates. 

Section 5.5: The War on Terror and Presidential Power 

 In Hamdi v. Rumsfeld, the Supreme Court held that American citizens accused of terrorism
have the right to hearing. 
 The president can act more quickly than other branches in responding to threats.
 The need to respond quickly to modern threats has expanded the power of the president. 

Chapter 6: The Federal Judiciary 

Section 6.1: Judicial Independence from Money and Politics 

 Many states elect judges, and politics influences their selection.
 Federal judges are appointed by the president and confirmed by the Senate in an effort to make
them independent from politics and from the other branches of government. 
 Caperton v. Massey Coal Co ‘s decision upheld the importance of judicial independence because
conflicts of interest, or the appearance of a conflict of interest, go to the heart of the legitimacy
of any court proceeding. It also emphasizes that the Supreme Court should be above politics. 

Section 6.2: The Constitution and the Federal Judiciary 

 The Constitution contains less detail about the judiciary than about the legislative or executive
branches. 
 Article III, along with the supremacy clause, establishes the supremacy of the Supreme Court
over matter involving the Constitution and federal law. 
 The Supreme Court is described in Article III, and it is the highest court in the nation. However,
the establishment of lower courts was left to Congress.
 The Constitution also clarified the jurisdiction of the courts - what authority they have to hear
and decide on specific cases.
 The Judiciary Act of 1789 allowed Congress to flesh out the organization of the court system.
 All federal judges must be nominated by the president and confirmed by a majority vote in the
Senate. Most district court nominees are approved, but appellate and Supreme Court
appointment processes can be more contentious.
 The Constitution places no requirements on the necessary qualifications to severe in the federal
judiciary, but experience, ethical integrity, and legal accomplishment are important factors and
can help smooth the confirmation process.
 Presidents tend to nominate individuals with whom they share similar philosophies and
approaches to constitutional interpretation, but there is no guarantee that justice will behave as
expected once confirmed. 

Section 6.3: John Marshall and the Power of the Supreme Court 
  In Marbury v. Madison, Chief Justice Marshall found that part of the law that Marbury was
basing his claim on, the Federal Judiciary Act of 1789 was unconstitutional and thus
unenforceable. 
 Marbury v. Madison established the power of judicial review, which the power to review laws
and actions of the other branches and levels of government to decide if they are in conflict with
the Constitution. 
 Judiciary Act of 1801: The federalists changed the Supreme Court’s schedule. Reduced the size
of the Court to five justices ( was six ), and reorganized the lower federal courts to create 16
vacancies that were filled by Adam’s administration.
 Marshall was the longest Chief Justice ever in American history, over his time he worked to
strengthen the power of national government and independence of the judicial branch.  

Section 6.4: Organization of the Federal Judiciary 

 There are two levels of courts in the United States, federal and state.
 Most cases are resolved at the state level.
 In a criminal case, a prosecutor brings a case against a defendant for wrong doing in the
community.
 Civil cases involved a private action brought by a plaintiff against a defendant for violating a
person’s rights or breaking an agreement.
 The federal judiciary is organized into three levels: federal district courts, the federal court of
appeals, and the Supreme Court. 

Section 6.5: Judicial Review, Constitutional Interpretation, and Judicial Decision-

Making 
 Proponents of judicial restraint argue that the Court should use the power of judicial review
rarely and whenever possible defer to the judgment of the legislative and executive branches
on decisions that those branches have made. 
 Proponents of judicial activism argue that justices should be willing to overturn laws when they
see a need to do so, sometimes making bold new policy.
 The Supreme Court may act as a national policymaker and agenda setter, but there are checks
on its power. 
 The Supreme Court relies on other branches of government to implement its decisions.
 While the Supreme Court is insulated from public opinion, the Court seeks to maintain
legitimacy in the eyes of the public. 

Chapter 7: The Federal Bureaucracy

Section 7.1: How the Bureaucracy is Organized 

 Most of the federal bureaucracy lies within the executive branch. The bureaucracy make rules
that impact people’s daily lives.
 Bureaucrats are people who work within bureaucracies.
 The patronage system filled administrative positions as a reward for political support.
 The Pendleton Civil Service Act began the merit-based civil service, where jobs in the
bureaucracy are awarded based on competitive testing and other qualifications. 
Section 7.2: The Structure of the Modern Federal Bureaucracy 
 The federal bureaucracy has grown exponentially over time, as has the complexity of the tasks
it must perform and the demands for services placed upon it by the American people.
 The Constitution calls for executive branch departments to assist the president in executing the
laws of the nation. To control the power of the executive, Congress was given the power to
approve nominees and impeach executive officers. 
 There was not initially a set number of cabinet departments, or were their responsibilities set in
stone; they have changed over time according to the needs of the nation. 
 Executive political appointees severe at the top of the federal bureaucracy, while career civil
servants provide stability from administration to administration. 
 Bureaucrats rely on Congress for appropriations of funds and legislation that sets out specific
goals and objects for their departments. 
 Authority across the federal bureaucracy is like a pyramid, at the top are the executive political
appointees ( do not last very long ), below them are Senior Executive Service (SES) are more
stable and expected to use their authority to achieve concrete results, and at the bottom are
the majority of employees.
 Iron Triangle: Coordinated and mutually beneficial activities of the bureaucracy, Congress, and
interest groups to achieve shared policy goals. 

Section 7.3: The Bureaucracy and Policy Making 

 The policymaking process involves the public agenda, lawmaking by Congress, rulemaking and
implementation by the bureaucracy, feedback, and revision or termination.
 Implementing the laws passed by Congress is one of the bureaucracy’s core tasks.
 Bureaucrats typically have some discretion over how the laws are implemented.
 Agencies also have critical rulemaking responsibilities and they may fill in the details of
legislation, sometimes using bureaucratic adjudication to settle disputes that arise during
implementation.
 The bureaucracy also can severe to represent the citizens. 

Section 7.4: Balances on the Bureaucracy 

 The president formally controls most of the federal bureaucracy, and he can influence the
bureaucracy through the appointment of federal officials, by submitting a budget, and through
executive orders.
 Congress can control the bureaucracy by passing laws that set priorities, through funding, and
by holding oversight hearings.
 Judicial decisions may restrict bureaucratic action.
 Efforts to reform bureaucracy to - limit its power, reduce its size, and fix inefficiencies - include
devolving responsibilities to the states, deregulation, and privatizing government
responsibilities to increase competitiveness. 

Unit 3: Civil Rights and Civil Liberties

Chapter 8: Civil Liberties

Civil Rights: Protections given by the government to protect against discrimination
Civil Liberties: Protections from the government (ex: Bill of Rights) 

Section 8.1: The Constitution and the Bill of Rights 

 The Antifederalists were worried that the absence of a Bill of Rights would allow the federal
government to infringe upon the rights of individuals.
o Federalists, on the other hand, were opposed to the Bill of Rights because a set “list” of
rights that individuals had would only further diminish/limit their freedoms.
 Protecting civil liberties involves placing restrictions upon the ability of the government to limit
individual freedoms.
 The Bill of Rights enumerates a list of fundamental freedoms that the federal government
cannot infringe upon. 
 In Federalist No. 84, Hamilton argued that the Bill of Rights was unnecessary and it would be
dangerous to individual liberty. He claimed that the list would be incomplete and would deny
citizens rights that are not included in the Bill of Rights. 
 Ninth amendment resolved the Federalists worried that power were strictly limited by the bill
of rights.
 The first 10 amendments in the constitution are referred to as the bill of rights.

Section 8.2: Selective Incorporation

 The Protections set out in the Bill of Rights as written applied to the actions of the federal
government and not of the state governments. 
 In Gitlow v. New York (1925), the Supreme Court began the process of selective incorporation.
On a case-by-case basis, most (but not all) of the rights in the Bill of Rights apply to actions by
states. 
 Gitlow v. New York
o Gitlow ( oversaw the printing of The Revolutionary Age, a weekly newspaper )
protested against American involvement in WW1 
o Gitlow and an associate was arrested under the New York State Criminal Anarchy Act 
o Gitlow stated that New York had violated his rights of due process under the 14th
amendment. He lost. 
 Selective Incorporation: the piecemeal process through which the Supreme Court has affirmed
that almost all of the protections within the Bill of Rights also apply to state government;
clarifies that states must protect their citizens’ fundamental liberties 

Section 8.3: The Right of Religious Freedom

 The first two clauses in the First Amendment to the Constitution both involve religion; they
prevent the federal government from establishing or favoring a religion and protect Americans’
rights to exercise their religious freedoms. 
 The Establishment Clause and the Free Exercise Clause sometimes overlap with each other.
 The Supreme Court created the Lemon Test to set guidelines for what is allowed under the
Establishment Clause. There are three rules:
o Must have a “secular legislative purpose”
o Its effect “must be one that neither advances nor inhibits religion”
o Must not foster “excessive entanglement between government and religion” 
Section 8.4: The Right of Expression
 Political speech and expression are considered particularly important fundamental freedoms.
 Expression may be limited if it presents a clear and present danger to national security, or is
defamatory or obscene. 
 In McDonald v. Chicago (2010), the Supreme Court incorporated the Second Amendment, ruling
that individuals have the right to possess a firearm.
 The government balances freedoms under the First and Second Amendments with ensuring a
secure and orderly society. 
 After New York Times v. United States, the court ruled that the government had no right to
restrain the press, setting a high bar for the government to prevent publication. 
 Following Morse v. Frederick, the court ruled that school officials can restrict students’ rights of
expression if that conduct occurs on school grounds or under school supervision IF it violates or
disrupts school. 
 None of the rights included in the Bill of Rights are absolute. 
 Libel and Slander are not protected, and are hard to win a case using these as evidence. 

Section 8.5: The Right of Defendants

 The Bill of Rights guarantees a set of protections for those accused of, tried for, and convicted
of crimes.
 The exclusionary rule prohibits the use of evidence obtained without a warrant in court,
although there are exceptions to this rule. 
 Police are required to read Miranda rights to those accused of crimes.
 In Gideon v. Wainwright (1963), the Supreme Court incorporated the Sixth Amendment, ruling
that defendants have a right to an attorney provided by the state if they cannot afford one. 
 Before the Bill of Rights, Article I of the Constitution provided protections by the
establishments of Ex Post Facto Laws, Bills of Attainder, and Writ of Habeas Corpus. 
 Writ of Habeas Corpus demands the authorities in charge to establish reasons for the
detention. 
 Fourth Amendment protections are not absolute. 
 Fifth Amendment guarantees procedural due process for criminal defendants in federal cases,
prohibits double jeopardy, and protects against self-incrimination.
 Miranda rights are rights that you are allowed to remain silent and have an attorney present
during questioning. 
 Sixth Amendment guarantees the right to have an attorney present at trial, after Gideon v.
Wainwright, the court extended that criminal defendants receive effective legal representation
and not just legal representation. 
 Eighth Amendment prohibits excessive bail and cruel and unusual punishment. 

Section 8.6: Privacy and Other Rights 

 The Supreme Court, drawing upon several amendments, ruled that the Constitution establishes
a right of privacy in areas such as reproductive rights and sexuality.
 The Supreme Court decision in Roe v. Wade legaized abortion, although states may impose
some restrictions on abortions.
 The Ninth Amendment provides that individuals have rights in addition to those expressly listed
in the Bill of Rights. 
  The Bill of Rights does not explicitly state the word privacy, but the Supreme Court has affirmed
it. 
 The Ninth Amendment does not specify rights, it just states that an individual is entitled to
rights not stated, but doesn’t specify state the rights. 

Chapter 9: Civil Rights 

Section 9.1: Securing Rights for Those with Disabilities 

 Securing civil rights requires action, both on the part of individuals to advocate for their rights
and on the part of government to secure and protect those rights.
 The ADA offered protections for Americans with disabilities against discrimination in the
workplace and improved their access to public transportation, public services, and other areas
of public and commercial life. 

Section 9.2: The Fight against Segregation

 In Brown v. Board of Education, the Supreme Court overturned the “separate but equal”
doctrine of Plessy v. Ferguson and ruled that de jure segregation in schools violates the equal
protection clause of the Fourteenth Amendment. 

Section 9.3: The Civil Rights Movement

 In “Letter from Birmingham Jail,” Dr. Martin Luther King Jr. justified the civil rights movements
by referring to natural rights. 
 The Civil Rights Act of 1964 outlaws racial segregation in schools and public places and
authorixes the attorney general to sue individual school districts that failed to desegregate. In
addition, the act outlaws employment discrimination based on race or ethnicity, religion,
national origin, or gender. 
 The Voting Rights Act of 1965 outlaws literacy tests and authorizes the Justice Department to
send federal officers to register voters in uncooperative cities, counties, and states. 

Section 9.4: The Fight for Women’s Rights 

 The first wave of the women’s right movement focused on the right to vote.
 The second wave of the movement focused on equality in education and the workplace.
 Gender equality includes legal protections against sexual harassment. 

Required SCOTUS Cases

McCulloch v. Maryland (1819)

 Petitioner: McCulloch & Respondent: Maryland
 Location: Baltimore, Maryland 
 Decided by Marshall Court 
 Facts: 
o In 1816, Congress chartered The Second Bank of the United States.
 o In 1818, the state of Maryland passed legislation to impose taxes on the bank.
o James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay
the tax.
o The state appeals court held that the Second Bank was unconstitutional because the
Constitution did not provide a textual commitment for the government to charter a
bank. 
 Court Ruling: 
o The Court ruled that Congress had the power to incorporate the bank and that
Maryland could not tax the national government employed in the execution of
constitutional powers. 
 Necessary and Proper Clause ( Article I, Section 8) 
 Marshall redefined “necessary” to mean “appropriate and legitimate,” covering
all methods for furthering objects covered by the enumerated powers. 
o Unanimous Decision 

U.S. v. Lopez (1995) 

 Petitioner: United States & Respondent: Lopez
 Location: Edison High School
 Decided by Rehnquist Court 
 Facts:
o Alfonzo Lopez, a 12th-grade high school student, carried a concealed weapon into his
school( San Antonio, Texas ).
o He was charged under Texas law with firearm possession on school premises.
o The next day, the state charges were dismissed after federal agents charged Lopez with
violating a federal crime, the Gun-Free School Zone Act of 1990.
 The act forbids “any individual knowingly to possess a firearm at a place that
[he] knows…. Is a school zone.” 
o Lopez was found guilty following a bench trial and sentenced to six months
imprisonment and two years of supervised release. 
 Court Ruling:
o Ruled that the Gun-Free School Zones Act of 1990 was unconstitutional because the US
Congress, in enacting the legislation, had exceeded its authority under the commerce
clause. 
o Overall, the Gun-Free School Zones Act of 1990 was unconstitutional because Congress
went beyond its powers according to the Commerce Clause 

Baker v. Carr (1961) 

 Appellant: Charles W. Baker & Appellee: Joe C. Carr 
 Location: Tennessee State Capitol 
 Facts:
o The populations of rural areas had been overrepresented in legislatures in proportion to
those of urban and suburban areas. 
o The populations of rural areas had been overrepresented than the populations of urban
areas. 
 o Prior to this case, the Supreme Court had refused to intervene in apportionment cases,
but in this case the court held that each vote should carry each vote should have the
same impact regardless of where the voter lived. 
o The legislature of Tennessee violated the right of equal protection( 14th Amendment ). 
 Court Ruling: 
o The U.S. Supreme Court forced the Tennessee legislature to reapportion itself on the
basis of population.

Shaw v. Reno (1993)

 Appellant: Shaw & Appellee: Reno ( US Department of Justice Attorney General ) 
 Location: North Carolina General Assembly 
 Facts:
o U.S. Attorney General rejected a North Carolina congressional reapportionment plan
because the plan involved creating a black-majority district. 
o Upon the rejection of the first plan, North Carolina came up with a second plan,
involving two black-majority districts.
 One of the districts was very strange looking on the map, it was no wider than
an interstate road along which the district was stretched. 
o 5 North Carolina residents challenged the constitutionality of the district proposed,
stating that the only purpose of the district was to make sure there was an election of a
black representative. 
 Claimed that the districts were racial gerrymanders - violation of the equal
protection clause of the Fourteenth Amendment. 
o The District Court ruled that the residents didn’t state a constitutional claim, so the
residents appealed to the Supreme Court. 
 Court Ruling: 
o The Supreme Court saw that the district shape was odd, and the only reason as to why
was separation of races. 
o The Supreme Court agreed with the citizens, ruling that race cannot be a predominant
factor in creating districts. 
 Districts can take racial considerations into account, and meet the Voting
Rights Act provisions, race cannot be the most important factor when drawing
districts. 

Marbury v. Madison (1803)

 Petitioner: William Marbury & Respondent: James Madison, Secretary of State 
 Location: The White House 
 Facts:
o President John Adam appointed  William Marbury as a Justice of Peace in the District of
Columbia, along with many other federal appointments before his term ended.
o Once in office, Jefferson instructed James Madison(secretary of state) to withhold
Marbury’s commission.
o Marbury appealed to the Supreme Court and petitioned to issue a Writ of Mandamus,
claiming that Madison’s action was illegal. He petitioned with three other appointees.
  A Writ of Mandamus is a court order to a subordinate government official,
ordering a government official to fulfill their official duties properly or to correct
an abuse of will. 
o Marbury used the provision of the Judiciary Act of 1789 to enable his claim to the
Supreme Court. 
o The first case where the Supreme Court struck down a law from the Congress for the
first time as it was unconstitutional. 
o Established Judicial Review
 The power of a court to refuse to enforce a law or government regulation that
in the opinion of the judge conflicts with the Constitution
o Set a precedent for the dutiful power of the court and its commitment to checks and
balances. 
 Court Ruling: 
o The Supreme Court denied the petition of Marbury. Chief Justice Marshall stated that
the Judiciary Act of 1789 was unconstitutional, it gave the Supreme Court authority that
was denied by Article III of the Constitution.
 Judiciary Act of 1780 established the federal judiciary of the United States, but
according to Article III Section 1 of the Constitution, it stated that the power of
the judiciary should be vested in one Supreme Court 

Engel v. Vitale (1962)

 Petitioner: Steven I. Engel & Respondent: William J. Vitale Jr. 
 Location: Herricks School District 
 Facts:
o The State Board of Regents of New York composed a voluntary prayer for public school
students to recite each morning. 
o Students at a high school decided not to recite a prayer that included the words
“Almighty God, we acknowledge our dependence upon thee.” 
 They claimed that the prayer was a violation of the establishment clause of the
First Amendment. 
o The parents of these kids started signing a petition to stop the prayer at school, but
when the Board of Regents refused to consider the petition, the parents filed. 
 Court Ruling: 
o The Supreme Court ruled that the prayer violated the First Amendment, stating the
importance of separating government and religion. 
o They stated that by creating a prayer, NY officially approved religion, and the First
Amendment prevents the government interference with religion. 

Wisconsin v. Yoder (1972)

 Petitioner: Wisconsin & Respondent: Yoder
 Location: Wisconsin State Capitol
 Facts: 
o Wisconsin had a law that required students to attend school till 16. So the state fined
three Amish families for not sending their kids to school after middle school. 
o Amish families refused to send their kids to high school due to religious beliefs.
  The Amish families believed that further education would damage their
religious beliefs. 
o The families went to the Supreme Court because they believed that the state had
violated their right to free exercise ( 1st Amendment ). 
 Court Ruling: 
o Ruled in favor of Amish families.  
o Individuals' interest in free exercise and religion is more important than attending
school. Has to the free exercise clause.

Tinker v. Des Moines (1968)

 Petitioner: Tinker & Respondent: Des Moines Independent Community School District 
 Location: Des Moines Independent Community School District 
 Facts:
o Iowa Teenagers decided to make a peaceful protest of the Vietnam War by wearing
black armbands to their public schools.
o School officials announced that students who wore armbands had to take it off or else
face suspension. 
 May Beth Tinker, John Tinker, and Christopher Eckhardt refused to remove
their armbands, therefore the school suspended them till the protest ended. 
o In response to the suspension, the parents of the students filed suit against the school
district due to the reason that the school violated the students’ free speech rights. 
o But, the lower courts supported the school district by stating that the district’s decision
was because they had to maintain discipline, so the families appealed to the Supreme
Court. 
 Court Ruling: 
o The Supreme Court ruled in favor of the students and families. 
o Ruled that the armbands were a form of symbolic speech, which is protected under the
First Amendment. Because of that, the school district had violated the students’ First
Amendment rights. 
o The Court also ruled that because the protest was peaceful and silent, there was no
interference or disturbance, hence why the school district’s restriction of the student’s
free speech rights wasn’t justified. 

Schenck v. US (1918)
 Appellant: Schenck & Appellee: United States 
 Location: District Court for the Eastern District of Pennsylvania 
 Facts:
o Congress had passed the Espionage Act of 1917, which outlawed interfering with
military operations or recruitments as well as supporting US Enemies during
wartime( Espionage Act is still in force today). 
o Charles Schenck and Elizabeth Baer (socialist antiwar activists) mailed 15,000
pamphlets to  men telling them to refuse/resist the military draft peacefully, like
petitioning for the repeal of the conscription law (requirement states to draft men if
individuals didn’t meet their enlistment quota thru volunteers). 
  They argued that the draft was a violation of the Thirteenth Amendment’s
prohibition of involuntary services. 
o Schenck and Baer were convicted under the Espionage Act for the reason that they
were interfering with military recruitment. 
o They appealed to the Supreme Court because the Espionage Act violated their First
Amendment more specifically their right to freedom of speech. 
 Court Ruling: 
o The Supreme Court ruled that Schenck’s actions were not protected by the free speech
clause, therefore it upheld the Espionage Act. 
o It ruled that speech creating a “clear and present danger” was not protected by the First
Amendment. 

NY Times v. US (1971)
 Petitioner: New York Times Company & Respondent: United States 
 Location: Former New York Times Headquarters 
 Facts:
o Military analyst Daniel Ellseberg secretly copied more than 7,000 pages of classified
DoD documents revealing the history of the government’s actions in the Vietnam War
and exposing the details of the government’s misleading statements to the public
regarding the US’s involvement in the war. 
o The intention was to bring the truth to the public 
o Nixon’s administration attempted to prevent the NY Times and Washington Post from
publishing these materials. 
o The president argued that prior restraint was necessary to protect national security 
 VOCAB CHECK: Prior restraint - The government action that prohibits speech
or other expression before the speech happens. 
o The New York Times argued that prior restraint violated the freedom of the press
under the First Amendment. 
 Court Ruling: 
o The court ruled 6-3 that the prior restraint to prevent the publication of the “Pentagon
Papers” was unconstitutional. 
o Justice Brennan reasoned that since publication would not cause an inevitable, direct,
and immediate event imperiling the safety of the American forces, prior restraint was
unjustified. 

McDonald v. Chicago (2010) 

 Petitioner: Otis McDonald & Respondent: City of Chicago
 Location: U.S. Court of Appeals for the Seventh Circuit 
 Facts:
o Otis McDonald, Adam Orlov, Colleen & David Lawson were Chicago residents who
wanted to keep handguns in their homes for self-defense as well as other Chicago
petitioners 
o A city ordinance stated that “[n]o person shall… possess … any firearm unless such
person is the holder of a valid registration certificate for such firearm.”
o Chicago’s Municipal Code then prohibited the registration of most handguns 
 o Oak Park (an older suburb that borders Chicago) made it “unlawful for any person to
possess any firearm,” a term that was meant to include “pistols, revolvers, guns and
small arms…. commonly known as handguns.”
 Court Ruling: 
o Ruled 5-4 in favor of McDonald and the other petitioners. 
o The 2nd Amendment now applies to state and local government through the
doctrine of selective incorporation 
 VOCAB CHECK: Selective Incorporation - A judicial doctrine whereby most but
not all of the protections found in the Bill of Rights are made applicable to the
states via. the 14th Amendment

Gideon v. Wainwright (1963)

 Petitioner: Clarence Earl Gideon & Respondent: Louie L. Wainwright (Director, Division of
Corrections) 
 Location: Bay County Circuit Court 
 Facts: 
o In 1961, a Florida court refused to provide a public defender for Clarence Earl Gideon
who was accused of robbery. 
o At that time the 6th amendment right to legal counsel applied only to the federal
government, not the states. 
o He lost the case and the court sentenced him to 5 years in prison where he educated
himself on the law and became convinced that the 14th Amendment’s due process
clause incorporated the 6th amendment right to counsel to the states. 
o He appealed to the Florida SC which upheld the conviction 
o Finally, he mailed a handwritten letter to SCOTUS and requested that the Court review
his case and appoint a lawyer to defend him. The court accepted and appointed Gideon
a lawyer 
 Court Ruling: 
o In Gideon’s appeal, he was proven not guilty of robbing the pool hall and was acquitted
o SCOTUS ruled in Gideon’s favor, requiring state to provide a lawyer to any defendant
who could not afford one 

Roe v. Wade (1973)

 Appellant: Jane Roe & Appellee: Henry Wade 
 Location: US District Court for the Northern District of Texas 
 Facts:
o Some States made a law that stated that abortion was illegal, Jane Roe (from Texas )
challenged her state law. 
 She stated that her liberty was protected by the Due Process Clause of the 14th
Amendment. 
o She claimed that the law was taking away her right to privacy, which was protected by
the combination of the Bill of Rights Amendments. 
 The Constitution does not list a right to privacy. 
 First, Second, Third, Fourth, and Fifth Amendments express the right to privacy
within the rights they give citizens. 
  In addition to the amendments stated above, the 9th Amendment protects
“unenumerated rights”, which could potentially be used to protect privacy. 
 Though, the right to privacy isn’t directly stated in the Constitution it is implied
through amendments.  
o
 Court Ruling: 
o The Supreme Court ruled in favor of Roe. 
o It stated that the right to privacy included the abortion decision, and states can’t ban
the procedure in the first trimester. 
o The Court’s ruling overturned the laws banning abortion in at least 31 states. 

Brown v. Board (1954)

 Appellant: Oliver Brown, Linda Brown and NAACP Appelle: Board of Education of Topeka
( Shawnee County, Kansas ) 
 Location: Monroe School 
 Facts:
o The case preceding this one was 1896 SC Plessy v. Ferguson which declared “separate
by equal” and made Jim Crow segregation legal
o Linda Brown, a 3rd grader was required by law to attend a school for black children that
was 6 blocks away which required her to cross railroad tracks and take a bus to reach
Monroe Elementary when there was a white school closer by.
o Her father, Oliver Brown and the NAACP brought the case against the Topeka school
district 
o By the time the court had reached SCOTUS it was combined with 4 other similar cases. 
o The court agreed that segregated schooling violated the 14th Amendment’s guarantee
of equal protection of law. 
 Court Ruling: 
o In favor of Brown 
o A unanimous SC declared that racial segregation in public schools is unconstitutional. 
o The court declared “separate” educational facilities “inherently unequal”
o Overturned Plessy v. Ferguson and outlawed segregation
 Regarded as a landmark in legal history and milestone in the Civil Rights Movement 

Citizens United v. FEC (2010) 

 Petitioner: Citizens United & Respondent: Federal Election Commission 
 Location: Citizens United Headquarters 
 Facts:
o Congress attempted to set limits on campaign fundraising and spending for
congressional and presidential candidates by passing the Federal Election Campaign
Act 
 The later amended that act under the Bipartisan Campaign Reform Act in 2002 
  This restricted corporations and labor unions from financing issue-based
advertising for the candidates. And prohibited them from funding
“electioneering communications” from general funds 
  They would instead have to establish PACs (political action communities) which
would be made up of members who could directly donate to the candidates
o Citizens United (a non-profit organization partially funded by corporate donations)
created a documentary film called Hillary: The Movie 
 This persuaded voters not to vote for Hillary Clinton in the democratic
primaries. 
 The fim was considered to be an “electioneering communication” and aired
within 30 days of a primary. 
o Citizens United argued that the BCRA was an unconstitutional restriction on political
speech by corporations and therefore violated the 1st Amendment’s protection of
speech. 
 Court Ruling: 
o A 5-4 ruling in favor of Citizens United. 
o The majority opinion argued that corporations and labor unions have free speech rights
and their rights cannot be restricted any more than that of an individual. And
maintained that laws restricting political speech must be subject to strict scrutiny. 
o Justice Kennedy: Political speech is “indispensable to a democracy, which is no less
true because the speech comes from a corporation”
SCOTUS’s ruling up health the existing disclaimer and disclosure requirements: “The government may
regulate corporate political speech through disclaimer and disclosure requirements, but it may not
suppress that speech altogether.”

Required Foundational Documents

The Declaration of Independence 

 Foundation for the popular concept of popular sovereignty (the idea that the government exists
to serve people, who elect representatives to express their will). 
 A list of grievances against the British Crown, but more importantly the ideas expressed in the
document shine inspiration on American democratic values. 
 Thomas Jefferson wrote the Declaration of Independence, which was later adopted by the
Second Continental Congress. 
 Included political ideas from Locke, Rousseau, and Montesquieu in the Declaration of
Independence.
 Philosophical Bases: Establishes “unalienable rights”, and from these rights limited
governments were formed, getting their powers from the people in which they govern (Locke’s
philosophy). 
 Grievances: a list of grievances against Great Britain
o Taxation without representation, unjust trials, forced quartering of British soldiers in
private homes, abolition of colonial assemblies, and policy of mercantilism 
o The grievances stated that there needs to be change
 Statement of Separation: the announcement that the colonists are rebelling against Britain and
that they are going to change the government 
o The colonists stated that it was their right and duty to create their new government.
o Going against Britain and winning was very risky due to the fact that Britain had the
superior power. 
  People have certain rights (unalienable rights) including life, liberty, and the pursuit of
happiness that the government cannot take away. 
 All men are created equal, though this doesn’t apply to the slaves, women, and Native
Americans at the time. 
 When the government violates these rights, individuals have a civil duty to fight for these rights
for both themselves and others. 
o In this case it is their duty to overthrow their government and set a new government in
place of it. 
 Was signed in July 1776, marking the official separation of the colonies and the British. 

The Article of Confederation

 Recognized the need for a central government, but it relied on the states to make the decisions
that would determine whether the country would fail or survive. 
 The National Government had two levels: a weak national government with a one house
Congress & dominant state governments. 
 The Congress had limited powers to declare war, make peace, and sign treaties. 
 The national government could borrow money, but it held no power to tax the individual
states. 
 Created a national army and navy, but the national government once again had no power to
draft soldiers. 
 There was no chief executive or national court system, and legislation had to be passed by ⅔
majority. 
 This allowed too much freedom/power to the states, which meant that the states could create
economic havoc by imposing tariffs on each other, by creating their own currency in addition to
the national currency, and by refusing to recognize treaties made by the government. 
 Foreign policy was nonexistent under this new government.
o Barbary pirates threatened our ships, and our borders were vulnerable to the English
and Spanish. 
 A success of the new government was the Northwest Ordinance, which abolished slavery in the
newly acquired Northwest territories. 
 Another positive impact of the government would be the new middle class developing on the
state level. 
 Small farmers began to dominate state politics, which created a broader political base and
started the beginning of opposing political parties (Federalists and Anti-Federalists) 
 By 1787, it was clear that the AOC needed to be revised or totally changed. 

The Constitution of the United States 

 Provides for orderly and effective government. 
 Article #1: Legislative Branch
o Main role is to make laws
o Split into 2 chambers: House of Representatives & The Senate 
o Congress is a legislative body that can draft and pass legislation, borrow money for the
nation, declare war, and raise military 
o Checks and Balances the other two federal branches (Executive and Judicial)  
 Article #2: Executive Branch
 o Operations of government 
o President - head of the branch
o The President's powers include making treaties with other nations, appointing federal
judges, department heads and Ambassadors, chief in commander of military, veto
power, etc. 
 Article #3: Judicial Branch 
o Federal Court System
o US Supreme Court is of last resort
o US Congress can determine scope and size of courts below US Supreme Court 
o Judges are appointed for life 
 Article #4: The States
o Relationships between federal and state government 
o Republican form of government in each state
o Protects nation from foreign domestic violence 
o Determines how states join the Union
o All states are equal and should respect each other's laws and judicial decisions 
 Article #5: The Amendments
o Future generations can amend the Constitution 
o States and Congress have the power to initiate amendment process
 Article #6: Debts, Supremacy, Oaths 
o “Supreme Law of the Land”
o All officials have to swear oath to the Constitution 
 Article #7: Ratification 
o Details all those who signed the Constitution, representing the original 13 states 
 Powers of the Branches 
o Legislative Branch
 Two enumerated powers it has over the President: May override a president’s
veto & May impeach the president
 One enumerated power it has over the Courts: May impeach federal judges 
 Other enumerated Powers Congress has: Approves appointments of judges,
approves treaties, creates lower courts 
o Executive Branch 
 One enumerated power it has over the Courts: Appoints Supreme Court Judges 
 One enumerated power it has over Congress: May call special sessions of
Congress 
 Other Enumerated Powers The President has: May veto legislation, appoints
other federal judges, carry out laws, and send troops 
o Judicial Branch 
 One enumerated power it has over The President: Review any executive power
or decision
 One enumerated power it has over Congress: May declare acts of congress
being unconstitutional 
 Other Enumerated Powers The Courts have: May declare executive acts
unconstitutional 
o *Enumerated Powers are powers specifically listed in the Constitution*
 The Amendment Process:
 o Two ways to Propose an Amendment: ⅔ majority vote in both House of
Representatives and the Senate & Constitutional convention called by ⅔ state
legislatures 
o Two Ways to Ratify an Amendment: ratification by state conventions & ratification by
state legislatures 
 Requirements for National Office:
o House of Representatives: must be 25 years old; 7 years of citizenship; 2-year terms;
appointed by direct popular vote (congressional district) 
o Senate: must be 30 years old; 9 years of citizenship; 6-year terms; chosen by the direct
popular election (statewide)
o President: must be 35 years old; natural born citizen of the US; 4-year terms, but can
serve up to 2 terms; appointed by presidential elections, electoral college (majority)
o Supreme Court Justice: no age or citizenship requirement; serves for life; nominated by
the President & confirmed by the Senate 
 Elastic Clause: Article 1, Section 8; a clause that grants Congress the power to pass laws
 Major characteristics of the Constitution:
o The separation of powers of each branch of government 
o Checks and balances including a recognition that a simple majority vote may not be
enough to check. 
o A built-in elastic clause (necessary and proper clause) as part of Congress’s power. 
o A reserved power clause giving states power not delegated to the national government 
o Rights guaranteed to citizens 
o Impeachment clause to guarantee the president does not break the oath of office 
o Precedents and traditions in creating an unwritten constitution 
o Judicial review growing out of interpretation of the power of the Supreme Court 
o An amending process, which is flexible enough to allow for change even though it
involves more than a majority vote 
o The inherent powers of the president. 

The Bill of Rights & Amendments

 The Bill of Rights is the first 10 Amendments in the Constitution. It writes out American’s rights
in relation to the government. It also guarantees civil rights and liberties to an individual.
 First Amendment: Freedom of Religion, Speech, Press, and the right to assemble and right to
protest. ( also includes the free exercise clause ) 
 Second Amendment: Right to Bear Arms 
 Third Amendment: Prevents the government from forcing homeowners to house soldiers in
their houses. 
 Fourth Amendment:  The government cannot search or seize an individual or their private
property without reason. 
 Fifth Amendment: can't be tried for the same crime twice(double jeopardy), due process and
right to jury.
 Sixth Amendment: right to speedy and public trial, and impartial jury and right to counsel.
 Seventh Amendment: Right to a trial by jury in common-law cases.
 Eight amendment: No excessive bail or cruel and unusual punishment
 Ninth Amendment: Enumeration of rights in the constitution can be used to hurt people
 Tenth Amendment:  States have some reserved powers
  Eleventh Amendment: States are protected against being sued by citizens of other states
 Twelfth Amendment: Put President and Vice President on one team rather than separate
ballots
 Thirteen Amendment: Abolition of slavery
 Fourteenth Amendment: Selective incorporation and let former slaves get citizenships
 Fifteenth Amendment: African American men could vote
 Sixteenth Amendment: Established federal income tax
 Seventeenth Amendment: Direct election of US Senators 
 Eighteenth Amendment: Prohibition
 Nineteenth Amendment: Women have the right to vote 
 Twentieth Amendment: President and Vice President terms of office begins on January 20th
and no longer in March 
 Twenty-First Amendment: Repeal to Prohibition
 Twenty-Second Amendment:  Limitations of Presidential term of office
 Twenty-Third Amendment: Voters in Washington DC are given the right to vote for presidential
elections
 Twenty-Fourth Amendment: Abolition of poll taxes 
 Twenty-Fifth Amendment: Succession of offices of the President
 Twenty-Sixth Amendment: 18 year olds are granted the right to vote
 Twenty-Seventh Amendment: Limits the power of Congress to increases its own salaries 

Federalist No. 10
 Madison’s view was that the development of factions was an unavoidable feature of the
society. 
 Was fearful of the power of the factions but did not want to abolish them.
  Believed separation of powers and the division of government between national and local
would provide enough governmental protection and regulation of these interests. 
 Formation of political parties and interest groups became an additional balance- economically
based. 
 Key Quote- “By a faction, I understand a number of citizens, whether amounting to a majority
or minority of the whole, who are united...by some common...interest, adverse to the right of
other citizens, or to the permanent and aggregate interests of the community.”
 Also said, “the regulation of these various and interfering interests forms the principal task of
modern legislation.”

Brutus 1
 Brutus was afraid the new government would become despotic (tyrannical -cruel and
oppressive govt rule) and take away people’s liberty.
 Brutus also argues that the three branches of government were too powerful. 
 Starts with a series of essays written by anti-federalists-Robert Yates, Patrick Henry, and John
DeWitt. 
 1st essay- argument against the ratification of the U.S Constitution by New York. 
 Essay argued for the written Bill of Rights to be included in the Constitution. 
 Key Quote- “Many instances can be produced in which the people voluntarily increased the
powers of their rulers; but few, if any, in which rulers willingly abridged their authority.”
Federalist No. 51
 Madison wrote it to lay out reasons for the three separate branches of government. 
o Would ensure people had liberty 
 Madison wanted each branch to be elected by the people, but realized that the judicial branch
has special qualifications that would make that impossible.
 He also argued that checks and balances would ensure that no one branch was stronger than
the other or prevent a branch from being too strong. 
 Madison is concerned about factions (Federalist No. 10), but he thought that electing
government officeholders was the solution.
 Key Quote - “ If men were angels, no government would be necessary. ”

Federalist No. 70
 Hamilton wrote an essay “The Executive Department Further Considered” arguing for a unitary
presidency in the Constitution. 
 He believed this was necessary because it would ensure accountability in government, enable
the president to defend against legislative encroachments (intrusion on a person’s rights) on
presidential power, and ensure “energy in the executive. 
 He argued that a unitary structure would be best in purpose, direction, and flexibility of the
executive branch, especially in times of war and emergency. 
 Also stated that this would allow the president to protect people’s liberty against factions. 
 Also states it's more effective because it would avoid conflicts in the Congress.
 Key Quote - “ The ingredients which constitute energy in the Executive are, first, unity;
secondly, duration; thirdly, an adequate provision for its support; fourthly, competent powers.
The ingredients which constitute safety in the republican sense are, first, a due dependence on
the people, secondly, a due responsibility. ” 

Federalist No. 78
 Hamilton wrote this to explain the structure of the judiciary, arguing for an independent
judiciary, justices appointed for life, and the judicial power to declare laws unconstitutional.
 Serving for life would allow the justices to act individually and free them from political
pressures. 
 Hamilton saw the courts as an arbiter (someone who settles disputes) between the executive
and legislative branches.
 Believed that the judiciary would be able to protect people’s liberties and it would be the
weakest branch of the government. 
 Key Quote - “ The complete independence of the courts of justice is peculiarly essential in
limited Constitution … If, than, the courts of justice are to be considered as the bulwarks of a
limited Constitution against legislative encroachments, this consideration will afford a strong
argument for the permanent tenure of judicial offices, since nothing will contribute so much as
this to that independent spirit in the judges which must be essential to the faithful performance
of so arduous a duty. ”  

Dr. Martin Luther King’s Letter from a Birmingham Jail 

 Written on April 16, 1963 by Martin Luther King Jr.
  The letter defends the strategy of nonviolent resistance to racism; also states that people have
a moral responsibility to break unjust laws and to take direct action rather than waiting for
justice to come through. 
 Key Quote - “ We know through painful experience that freedom is never voluntarily given by
the oppressor; it must be demanded by the oppressed. Frankly, I have yet to engage in a direct-
action campaign that was ‘well-timed’ in the view of those who have not suffered unduly from
the disease of segregation. For years now I have heard the word ‘Wait!’ It rings in the ear of
every Negro with piercing familiarity. This ‘Wait’ has almost always meant ‘Never.’ We must
come to see, with one of our distinguished jurists, that ‘justice too long delayed is justice
denied.’ ”

Vocab
Chapter 8: https://quizlet.com/335115049/waples-american-government-stories-of-a-nation-for-the-
ap-course-1e-chapter-8-flash-cards/

Iron Triangle: