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AP Government Review


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Title: AP Government Review

AP GovernmentReview
  • Unit 1 Constitutional Underpinnings

Goals of the US Constitution
  • Create a strong union of states
  • Establish justice
  • Preserve Domestic Order
  • Provide for the common defense
  • Promote general welfare
  • Promote individual freedoms

Constitution Remedies the Articles of
  • Creates Federalism
  • A balance between the national and state
  • National government could tax
  • Congress could regulate commerce between the
    states and foreign nations
  • Article II created an executive department to
    enforce laws
  • Article III created a national judiciary with a
    Supreme Court and lower courts established by

Constitution Remedies the Articles of
  • Only the national government could coin money
  • States are represented based on population in the
    House of Reps and equally in the Senate
  • Bills need a simple majority in the House and
  • 2/3 of Congress and 3/4of the states are
    necessary to amend the Constitution

Basic Principles of the Constitution
  • Limited government
  • Popular sovereignty
  • Separation of powers
  • Checks and balances
  • Federalism

  • The Constitution has been formally amended 27
  • Please know all the amendments
  • The first 10 amendments are known as the Bill of

Informal Amendments to the Constitution
  • Legislative action Judiciary Act of 1789
  • Executive actions Executive orders
  • Judicial review Marbury v. Madison
  • Custom and usage No 3rd term for Presidents

  • Delegated powers
  • Expressed powers given to the national government
  • Implied powers
  • Powers that may be reasonably inferred from the
    Constitution (Necessary and Proper Clause)
  • Inherent powers
  • Powers that exist from the national government
    because the government is sovereign
  • Concurrent powers
  • Belong to both the states and national
  • Reserved powers
  • Powers that belong to the states (Amendment 10)

Federalism In Practice
  • Interstate Relations
  • Full faith and credit clause states are required
    to recognize the laws and legal documents of
    other states
  • Privileges and immunities clause states are
    prohibited from unreasonably discriminating
    against residents of another state
  • Extradition states may return fugitives to
    states which they fled
  • Interstate compacts states may work together to
    solve regional problems

National Supremacy
  • Article IV Supremacy Clause
  • McCulloch v. Maryland (1819) Federal law is
    supreme over state law
  • Gibbons v. Ogden (1824) National supremacy over
    interstate commerce

Federalism Today
  • Dual Federalism (1789-1932)
  • Layer cake federalism National and state have
    power within their own sphere of influence
  • Cooperative Federalism (1932-1968)
  • Marble cake federalism National and state work
  • New Federalism (Nixon, Reagan, Bush 41)
  • Devolution of national power to the states

Fiscal Federalism
  • Grant in aid
  • Money and resources provided by the national
    government to state and local projects and
  • Categorical grants
  • Grants that have specific purpose defined by law
  • Block grants
  • General grants which can be used for a variety of
  • Unfunded mandates
  • Requirements which are imposed by the national
    government on the state and local governments

AP Government ReviewUnit 2
  • Political Beliefs and Behaviors

Political Culture
  • A set of beliefs and basic values shared by most
  • Majority rule
  • Free elections
  • Equality in law
  • Private property
  • Individual freedoms

Political Socialization
  • The process in which citizens acquire a sense of
    political identity
  • Family and home life
  • Education
  • Group affiliations (interest groups, labor
  • Demographic factors (age, sex, race, religion)
  • Mass media
  • Historical events

Public Opinion
  • A collection of shared attitudes of many
    different people in matters relating to politics,
    public issues, or making of public policy.

Measuring Public Opinion
  • 1930s George Gallup developed polling
  • Sampling
  • Preparing valid questions
  • Controlling how the poll is taken
  • Analyzing and reporting results

Political Ideology
  • A set of beliefs about politics and public policy
    that creates the structure for looking at
    government and public policy.

Political Spectrum
  • Radical favor rapid, fundamental change in
    existing social, economic, political order
  • Liberal supports active government in promoting
    individual welfare and social rights
  • Moderate political ideology falls between
    liberal and conservative
  • Conservative promotes a limited government role
    in helping individuals, supports traditional
  • Reactionary advocates a return to a previous
    state of affairs

AP Government ReviewUnit 3
  • Political Parties
  • Interest Groups
  • Mass Media

Political Parties
  • An association of people who seek to control the
    government through common principle.
  • Two Party System There are several parties but
    only two major parties compete and dominate
  • Minor Parties generally have little to no impact
    on elections

What do Parties do?
  • Recruit candidates
  • Nominate and support candidates for office
  • Educate the electorate
  • Organize the government (majority vs. minority)

Party Identification
  • Ideology
  • Income
  • Race
  • Religion
  • Region of country
  • Education
  • Occupation
  • Gender
  • Family tradition
  • Marital status

Why a Two Party System
  • British heritage
  • Federalist/Anti-Federalist
  • Electoral system
  • Election laws

Electoral Dealignment and Realignment
  • Dealignment when significant number of voters no
    longer support a particular party
  • Realignment voting patterns shift and new
    coalitions form.
  • Republicans (1860)
  • Democrats (1932)

Voting and Elections
Political Participation
  • Voting in elections
  • Discussing politics and attending political
  • Forming interest groups and PACs
  • Contacting public officials
  • Contributing money to a candidate or political
  • Running for office
  • Protesting government decisions

Issue or Policy Voting
  • Direct Primary
  • Allows citizens to nominate candidates
  • Recall
  • Is a special election initiated by petition to
    allow citizens to remove an official from office
  • Referendum
  • Allows citizens to vote directly on issues called
  • Initiative
  • Allows voters to petition to propose issues to be
    decided by qualified voters

Low Voter Turnout
  • Voter turnout is higher for Presidential
  • Lower turnout for midterm elections
  • Lower when compared to other nations

Low Voter Turnout
  • Expansion of the electorate (26th Amendment)
  • Failure of the political parties to mobilize
  • No perceived differences between candidate or
  • Mistrust of the government
  • Apathy
  • Satisfaction with the way things are
  • Lack of political efficacy
  • Mobility of the electorate
  • Registration process

Types of Elections
  • Primary Election voters choose candidates from
    their party
  • Closed primary only voters who are registered in
    the party may vote to choose the candidate
  • Open primary voters may vote to choose the
    candidate of either party, whether they belong to
    that party or not
  • Blanket primary voters may vote for candidates
    of either party
  • Runoff primary when no candidate from a party
    receives a majority of the votes, the top two
    candidates face each other

Types of Elections
  • General Election
  • Voters get to choose from among all the
    candidates nominates by political parties or
    running as independents

Electoral College
  • President and Vice-President are chosen by the
    538 electoral votes
  • 435 districts
  • 100 senators
  • 3 Washington DC
  • States use a winner take all method of assigning
    their electoral votes based on popular vote
  • The candidate that receives a majority (270) is
    declared winner.
  • If no winner is declared the House of
    Representatives chooses the President and the
    Senate chooses the Vice-President

Campaign Finance
  • Federal Election Campaign Act (1971)
  • Restricted
  • Amount spent on campaign advertising
  • Required disclosure of contributions and
  • Federal Election Commission
  • Enforces the FECA
  • Created public financing for presidential
  • Buckley v. Valeo (1976)
  • The Supreme Court ruled that spending limits
    established by the FECA were unconstitutional

Interest Groups and the Mass Media
Interest Groups
  • Raise awareness and stimulate interest in public
    affairs by educating their members and the public
  • Represent membership, serving as a link between
    members and the government
  • Provide information to the government
  • Provide channels for political participation

Types of Interest Groups
  • Economic Interest Groups
  • Labor Groups (AFL-CIO)
  • Business Groups (Chamber of Commerce)
  • Professional Groups (National Education
  • Agricultural Groups (National Farmers Union)

AP Government ReviewUnit 4
  • The Legislative, Executive, and Judicial Branches

The Legislative Branch
  • Article I of the US Constitution creates a
    bicameral legislature consisting of the House of
    Representatives and the Senate
  • The current structure was a result of the
    Connecticut or Great Compromise reached at the
    Constitutional Convention

House of Representatives
  • Membership
  • 435 members apportioned by population
  • Term of Office
  • 2 years entire House elected every 2 years
  • Qualifications
  • At least 25 years old
  • Citizen for 7 years
  • Must live in state where district is located
  • Constituencies
  • smaller, by district
  • Prestige
  • Less prestige

House of RepresentativesGetting Elected
  • Apportionment distribution among the states
    based on the population of each state
  • Reapportionment the redistribution of
    Congressional seats after the census determines
    changes in population distribution among the
  • Congressional districting the drawing by state
    legislatures of congressional districts for those
    states with more than one representative
  • Gerrymandering drawing congressional districts
    to favor one political party or group over another

House of Representatives
  • Leadership
  • Speaker of the House
  • Presiding officer and most powerful member
  • Assigns bills to committee
  • Controls floor debates
  • Appoints party members to committees
  • Majority Leader
  • Assistant to the Speaker
  • Helps plan partys legislative program
  • Directs floor debates
  • Minority Leader
  • Major spokesperson for the minority party
  • Organizes opposition to the majority party

House of RepresentativesHow a Bill becomes a Law
  • A bill is introduced, numbered, and assigned to a
  • The bill may be assigned to a subcommittee for
    further study
  • The bill is returned to committee where it is
    approved or rejected
  • The rules committee sets terms of debate for the
  • The bill is debated by the House
  • A vote is taken. Bills that pass go to the Senate
  • Conference committee resolves any differences
    between House and Senate Bill
  • Resolved bill is voted on in the House
  • If approved, sent to the President

US Senate
  • Membership 100 members (2 from each state)
  • Term of office 6 years staggered terms with
    one-third of the Senate elected every 2 years
  • Qualifications
  • At least 30 years of age
  • Citizen for 9 years
  • Must live in state
  • Constituencies Larger, entire state
  • Prestige More prestige

US Senate
  • Getting Elected
  • Members were originally chosen by the state
    legislatures in each state
  • Since 1913, the 17th Amendment allows the direct
    election of senators by the people of the state

US Senate
  • Leadership
  • US Vice President
  • Presiding officer of the Senate.
  • Cannot debate and only votes to break a tie
  • President pro tempore
  • Senior member of the majority party
  • A ceremonial position
  • Majority leader
  • The most influential member of the Senate
  • The majority partys spokesperson
  • Minority leader
  • Performs the same role as the House minority

US SenateHow a Bill becomes a Law
  • A bill is introduced, numbered, and assigned to a
  • The bill may be assigned to a subcommittee for
    further study
  • The bill is returned to committee where it is
    approved or rejected
  • No rules committee!
  • The bill is debated by the Senate
  • A vote is taken, where the bill is passed or
    defeated. Bills that pass the Senate are sent to
    the House
  • Conference committee resolves any differences
    between House and Senate Bill
  • Resolved bill is voted on in the Senate
  • If approved, sent to the President

Congressional Override
  • If the President vetoes the bill then it is
    returned to the Congress, where they may override
    the veto by a two-thirds vote in each house.

Types of Committees
  • Standing
  • A permanent committee that deals with specific
    policy matters (agriculture, energy)
  • Select
  • A temporary committee appointed for a specific
    purpose (Senate Watergate Committee)
  • Joint
  • Made up of members of both Houses (Joint
    Committee on the Library of Congress)
  • Conference
  • A temporary committee of members from both
    Houses, created to resolve differences in the
    House and Senate versions of the bill

  • Informal groups formed by members of Congress who
    share a common purpose of goals
  • Congressional Black Caucus
  • Womens Caucus
  • Democratic or Republican Caucus

Roles of Members of Congress
  • Policymaker
  • Representative
  • Constituent servant
  • Committee member
  • Politician/Party member

House of Representatives/Senate
  • Incumbency Effect the tendency for office
    holders to easily get reelected
  • Name recognition
  • Credit claiming (bringing positive results to the
    district or state)
  • Casework for constituents (helped constituents
    solve problems)
  • More visible to constituents
  • Media exposure
  • Fundraising abilities
  • Experience in campaigning
  • Voting record

Powers of Congress
  • Legislative Powers
  • Expressed powers Powers specifically granted to
    Congress, mostly found in Article I, Section 8 of
    the Constitution
  • Implied powers powers which may be reasonably
    suggested to carry out the expressed powers
    found in Article I, Section 8, Clause 18,
    necessary and proper
  • Limitations of powers power denied Congress in
    Article I, Section 9 and the 10th Amendment

Powers of Congress
  • Non-Legislative Powers
  • Electoral powers selection of the President by
    the House and Vice-President by the Senate upon
    the failure of the electoral college to achieve a
    majority vote
  • Amendment powers Congress may propose amendments
    by 2/3 votes of each house
  • Impeachment
  • House may bring charges, or impeach, the
    President, Vie-President, or any civil officer by
    a simple majority
  • Senate holds the trial and acts as a jury with a
    2/3 vote needed to find guilt
  • Executive powers of the Senate
  • Must approve appointees by the Executive Branch
    by a simple majority
  • Must approve treaties by a 2/3 vote
  • Investigation/oversight powers investigate
    matters falling within the range of its
    legislative authority

Legislative Tactics
  • Caucuses may form voting blocs
  • Committee system
  • Filibuster or Cloture in the Senate only,
    unlimited debate in an attempt to stall action on
    a bill cloture is the method by 60 votes to end
    a filibuster
  • Pork barrel legislation an attempt to provide
    funds and projects for a members home state or
  • Logrolling an attempt by members to gain support
    of other members in return for their support on
    the members legislation

Legislative Tactics
  • Riders additions to legislation which generally
    have no connection to the legislation
  • Amendments additions or changes to the
    legislation which deal specifically with the
  • Lobbying trying to influence members of Congress
    to support or reject legislation
  • Conference committee may affect the wording and
    therefore intent of the legislation
  • Legislative veto the rejection of a presidential
    or executive branch action by one or both houses
    of Congress, used mostly between 1932-1980.
  • Declared unconstitutional in the 1983 case,
    Immigration and Naturalization Service v. Chada

Influences on Congress
  • Constituents
  • Other lawmakers and staff
  • Party influences
  • President
  • Lobbyists and interest groups

Executive Branch and the Bureaucracy
President of the United States
  • Article II of the Constitution establishes the
    many responsibilities and functions of the
  • Term and Tenure
  • 4 year term
  • 2 terms (10 year max) 22nd Amendment

President of the United States
  • Formal Qualifications
  • Natural born citizen
  • At least 35 years old
  • Resident of the US 14 years prior to election
  • Informal, many presidential candidates share
    several characteristics
  • Political or military experience
  • Political acceptability
  • Married
  • White male
  • Protestant
  • Northern European ancestry

Succession and Disability
  • The Constitution provides that if the President
    can no longer serve in office the Vice-President
    will carry out the powers and duties of the
  • 25th Amendment
  • The Vice-President becomes President if the
    office of the president becomes vacant
  • The President will nominate a new Vice-President,
    with approval of a majority from both houses of

Impeachment and Removal
  • The Constitution gives the House of
    Representatives the authority to bring charges
    against the President or Vice-President for
    Treason, Bribery, or other High Crimes and
  • Once charges are brought the Senate holds the
    trial. The Chief Justice of the Supreme Court
    presides over the trial
  • Conviction requires a 2/3 vote

Electoral College System
  • 12th Amendment
  • An electoral college elects the President and
  • Each state chooses the number of electors equal
    to its number of members in the House of
    Representatives and Senate.
  • In December, after the general election, the
    electors meet in their state capital to cast
    their ballots for president and vice-president.
  • The electoral college then sends its ballots to
    the President of the US Senate where they are
    opened before a joint session of Congress
  • To win a candidate needs a majority (270)
  • If a majority is not reached the House votes on
    the top 3 candidates for President and the Senate
    votes on the top 2 candidates for Vice-President

The Vice-Presidency
  • Presides over the Senate, casting tie-breaking
  • Help determine presidential disability under the
    25th Amendment and take over presidency if
  • Has the same formal qualifications as the

Presidential Powers
  • Executive powers
  • Enforces laws, treaties, and court decisions
  • Issues executive orders to carry out policies
  • Appoints officials, removes officials
  • Assumes emergency powers
  • Presides over cabinet and executive branch
  • Military powers
  • Serves as commander in chief
  • Has final decision making authority in matters of
    national and domestic defense
  • Provides for domestic order

Presidential Powers
  • Legislative Powers
  • Gives annual State of the Union message
  • Issues annual budget and economic reports
  • Signs or vetoes bills
  • Proposes and influences legislation
  • Calls for special sessions of Congress
  • Diplomatic Powers
  • Appoints ambassadors and other diplomats
  • Negotiates treaties and executive agreements
  • Meets with foreign leaders
  • Accords diplomatic recognition to foreign
  • Receives foreign dignitaries

Presidential Powers
  • Judicial Powers
  • Appoints members of the federal judiciary
  • Grants reprieves, pardons, and amnesty
  • Party Powers
  • Leader of the party
  • Chooses vice presidential nominee
  • Strengthens the party by helping members get
    elected (coattails)
  • Appoints party members to government positions
  • Influences policies and platform of party

Limitations on Presidential Powers
  • Congressional Checks
  • Override presidential veto
  • Power of the purse
  • Power of impeachment
  • Approval powers over appointees
  • Legislation limiting the presidents power (War
    Powers Act)
  • Judicial Checks
  • Judicial review of executive action
  • Political checks
  • Public opinion
  • Media attention
  • popularity

The Bureaucracy
The Bureaucracy
  • A systematic way of organizing a complex and
    large administrative structure.
  • Hierarchical authority similar to a pyramid with
    the top having authority over those below
  • Job specialization each worker has defined
    duties and responsibilities, a division of labor
    among workers
  • Formal rules established regulations and
    procedures which must be followed

History and Growth
  • Beginnings standards for office included
    qualifications and political acceptability
  • Spoils system practice of giving offices and
    government favors to political supporters and
  • Reform movement competitive exams were tried and
    failed due to inadequate funding from Congress
  • Pendleton Act Civil Service Act of 1883,
    replaced the spoils system with a merit system
  • Hatch Act of 1939 prohibits government employees
    from engaging in political activities while on
  • Civil Service Reform Act of 1978 created the
    office of Personnel Management to recruit, train,
    and establish classifications and salaries for
    federal employed

  • The federal bureaucracy is divided into four
    basic types
  • Cabinet departments (15 executive departments)
  • Independent executive departments (NASA, Small
    Business Administration)
  • Independent regulatory agencies (Securities and
    Exchange Commission, Federal Reserve Board)
  • Government corporations (Tennessee Valley
    Authority, US Postal Service)

Influences on the Federal Bureaucracy
  • Executive influences appointing the right
    people, issuing executive orders, affecting the
    agencys budget
  • Congressional influences influencing
    appointments, affecting the agencys budget,
    holding hearings, rewriting legislation
  • Iron triangles alliances between bureaucratic
    agencies, congressional committees, and interest

Executive Office of the President
  • White House Office
  • National Security Council
  • Office of Management and Budget
  • Office of Faith Based and Community Initiatives
  • Office of National Drug Control Policy
  • Office of Policy Development
  • Council of economic Advisors
  • Office of US trade Representative

Executive Departments
  • State
  • Treasury
  • Defense
  • Interior
  • Justice
  • Agriculture
  • Commerce
  • Labor
  • Health and Human Services
  • Housing and Urban Development
  • Transportation
  • Energy
  • Education
  • Veterans affairs
  • Homeland Security

The Judicial Branch
The Federal Court System
  • The US has a dual court system of courts-a
    federal court system and the court system of the
    50 states
  • Article III of the Constitution states that there
    shall be a Supreme Court and that Congress may
    establish a system of inferior courts

  • Original jurisdiction
  • Lower courts have the authority to hear cases for
    the first time.
  • District Court conducts trials, evidence is
    presented, and juries determine the outcome of
    the case
  • Supreme Court has original jurisdiction in cases
    involving representatives of a foreign
    government, and certain types of cases where a
    state is a party
  • Appellate jurisdiction
  • Courts that hear reviews or appeals of decisions
    from the lower courts
  • Court of Appeals
  • Supreme Court

Structure of the Judicial System
  • District Courts
  • Created by the Congress in the Judiciary Act of
  • There are 94 District Courts
  • Decide civil and criminal cases
  • Court of Appeals
  • Created by Congress in 1891
  • There are 13 US Court of Appeals
  • Decide appeals from the District Courts
  • Supreme Court
  • Created by Article III of the Constitution
  • Most of its cases are appeals from the US Court
    of Appeals and State Supreme Courts
  • Has original and appellate jurisdiction

Judicial Selection
  • The President appoints all federal judges with
    confirmation from the US Senate
  • There are no formal qualifications
  • Serve a life term
  • Federal judges may be removed through impeachment

Supreme Court Selection
  • Presidents only make appointments to the Supreme
    Court if a vacancy occurs during their term of
  • When making appointments, Presidents often
  • Party affiliation
  • Judicial philosophy
  • Race, gender, religion, region
  • Judicial experience
  • Political ideology
  • Acceptability

The Supreme Court at Work
  • The term of the Supreme Court begins on the first
    Monday in October and generally lasts until June
    or July of the following year.

Accepting Cases
  • Cases that are accepted must pass the rule of
    four four of the nine justices must agree to
    hear the case.
  • Writ of certiorari an order by the court
    directing the lower court to send up the records
    of a case for review
  • Certificate a lower court may ask the Supreme
    Court about a rule of law or procedures in
    specific cases

Briefs and Oral Arguments
  • Once a case reaches the Supreme Court, lawyers
    for each party to the case file a written brief
  • Written briefs include detailed statements of
    the facts of the case supported by relevant facts
    and citations from previous cases
  • Interested parties may be invited to submit
    amicus briefs (friends of the court) supporting
    or rejecting arguments of the case
  • Oral arguments allow both sides 30 minutes to
    present their positions to the justices

Writing Opinions
  • Once the Supreme Court has made a decision in a
    case, the decision is explained in a written
  • Majority opinion a majority of the justices
    agree on the decision and its reasons
  • Concurring opinion a justice who agrees with the
    majority opinion but not the reasoning behind the
  • Dissenting opinion a justice or justices who
    disagree with the majority opinion
  • Majority opinions become precedent in deciding
    future cases

Judicial Activism
  • Holds that the court should play an active role
    in determining national policies
  • The philosophy advocates applying the
    Constitution to social and political questions

Judicial Restraint
  • Holds that the court should avoid taking the
    initiative on social and political questions.
  • Operating strictly within the limits of the

AP Government ReviewUnit 5
  • Politics and Public Policymaking

  • Recognizing an issue as a problem which must be
    addressed as a part of the political agenda.
  • Problems are brought to the political agenda by
  • Citizens
  • Interest groups
  • The Media
  • Government Entities

  • Formation finding ways to solve the problems
  • Adoption adopting a plan of action to solve the
    problem may require legislation
  • Implementation executing the plan of action by
    appropriate agency or

Policy Evaluation
  • Analysis of policy and its impact upon the
  • Judging the effectiveness of policy

Domestic Policy
  • Crime Prevention FBI, DEA, ATF
  • Education States run education but since the
    creation of the Department of Education (1979)
    the Fed has used grants and vouchers as
  • Energy The study of alternative and
    renewable sources of fuel. Regulates nuclear

Domestic Policy
  • Health Care Medicare (elderly),
    Medicaid (poor), CDC, VA, FDA
  • Social Welfare Social Security, Housing

Economic Policy
  • Raising Revenue income tax, cooperate
    tax, estate tax, customs
  • Government Spending
  • Discretionary Spending
  • Defense, Education, Student Loans, Scientific
    Research, Environmental Clean-up, Law
    Enforcement, Disaster Aid, Foreign Aid
  • Nondiscretionary Spending
  • Interest of the national debt, social welfare

Economic Policy
  • Federal Budget Proposed each year
    (fiscal year is October 1
    through September 30)
  • Proposals
  • Each federal agency must submit a budget request
    to the Office of Management and Budget.
  • The President submits a budget proposal to
    Congress based on the OMB
  • The Congress proposes its own budget based on the
    advise of the Congressional Budget Office

Economic Policy
  • The budget must be passed by Congress and signed
    by the President by September 15.
  • Failure to pass a budget could lead to the
    federal government to shut down.

AP Government ReviewUnit 6
  • Civil Liberties and Civil Rights

Civil Liberties
  • Constitution
  • Writ of habeas corpus you must be brought before
    the court and informed of charges against you
  • No bills of attainder you cannot be punished
    without a trial
  • No ex post facto laws laws applied to acts
    committed before the laws passage are
  • Trial by jury

Civil Liberties
  • Bill of Rights
  • Freedom of religion, speech, press, petition, and
  • No unreasonable search and seizure
  • Protections against self-incrimination and double
  • Protections in criminal procedures

Civil Liberties
  • 14th Amendment
  • Provided for the expansion of the Bill of Rights
    to the states and local governments
  • Incorporation
  • Legislation
  • Laws that set limits or boundaries on one
    persons rights over another person
  • Courts
  • Judicial review

Freedom of ReligionEstablishment Clause
  • Congress cannot
  • Establish a national religion
  • Favor one religion over another
  • Tax citizens to support any one religion

Freedom of ReligionEstablishment Clause
  • Please know the following Supreme Court cases
  • Engle v. Vitale
  • Abington Township v. Schempp
  • Lemon v. Kurtzman
  • Minersville v. Gobitus
  • West Virginia v. Barnette
  • Wallace v. Jaffree

Freedom of ReligionFree-Exercise Clause
  • Guarantees the right to practice any religion or
    no religion at all
  • Know these cases
  • Reynolds v. United States
  • Wisconsin v. Yoder
  • Oregon v. Smith
  • Church of the Lukumi Babalu Aye v. City of Hialeah

Freedom of Speech
  • Pure Speech the most common form of speech,
    verbal speech
  • Symbolic Speech using actions or symbols to
    convey an idea
  • Speech Plus verbal and symbolic speech used

Freedom of Speech
  • Know these cases
  • Abrams v. United States
  • Schenck v. United States
  • Gitlow v. New York
  • Tinker v. Des Moines
  • Texas v. Johnson
  • Reno v. ACLU

Freedom of the Press
  • Know these cases
  • Near v. Minnesota
  • New York Times v. Sullivan
  • New York Times v. United States
  • Hustler v. Falwell
  • Hazelwood School District v. Kuhlmeier

Freedom of Assembly
  • The government is allowed to set limits on
    assembly to protect the rights and safety of
  • Dejonge v. Oregon

Property Rights
  • The due process clause of the 5th and 14th
    Amendments provide for the protection of private
    property by guaranteeing life, liberty, or
    property, without due process of the law

Due Process
  • Substantive due process
  • Involves the policies of government or the
    subject matter of the laws, determining whether
    the law is fair or if it violates constitutional
  • Procedural due process
  • The method of government action or how the law is
    carried out, according to established rules and

Right to Privacy
  • The Constitution makes no mention of a right to
    privacy, however the Supreme Court has
    interpreted several rights that may fall under
    the category of privacy
  • Griswold v. Connecticut
  • Roe v. Wade

Fourth AmendmentSearch and Seizure
  • Know these cases
  • Wolf v. Colorado
  • Mapp v. Ohio
  • TLO v. New Jersey
  • Weeks v. United States
  • Katz v. United States

Fifth AmendmentSelf-Incrimination
  • Know this case
  • Miranda v. Arizona

Sixth AmendmentRight to an Attorney
  • Know these cases
  • Powell v. Alabama
  • Gideon v. Wainwright

Eighth AmendmentCruel and Unusual Punishments
  • Know these cases
  • Furman v. Georgia
  • Gregg v. Georgia

Civil Rights
  • Are the positive acts of government, designed to
    prevent discrimination and provide equality
    before the law
  • The Equal Protection Clause of the 14th Amendment
    prevents the states from discriminating against

Civil Rights Movement
  • 13th Amendment abolished slavery
  • 14th Amendment defined citizenship and provided
    due process and equal protection
  • 15th Amendment provided that all males 21 and
    older could vote
  • 24th Amendment outlawed the poll tax in federal

Civil Rights Movement
  • Black codes state laws passed to keep freed
    slaves out of politics (literacy test, poll tax,
    registration tests)
  • Civil Rights Act of 1876 outlawed racial
    segregation in public places
  • Jim Crow Laws created segregation in schools,
    public transportation, and hotels
  • Plessy v. Ferguson separate but equal facilities
    are constitutional

Civil Rights Movement
  • Executive Order 8802 Franklin Roosevelt banned
    racial discrimination in the federal government
  • Executive Order 9981 Harry Truman ordered the
    desegregation of the military
  • Brown v. Board of Education overturned Plessy v.
    Ferguson, separate but equal is unconstitutional

Civil Rights Movement
  • Civil Rights Act of 1964 prohibited
    discrimination in employment and in places of
    public accommodations
  • Voting Rights Act of 1965 outlawed
    discriminatory tests in voter registration

The Womens Movement
  • 19th Amendment gave women the right to vote
  • Equal Pay Act of 1963 made it illegal to base a
    persons pay on their gender, race, religion, or
    national origin
  • Equal Employment Opportunity Act of 1972
    prohibited gender discrimination in hiring,
    firing, promotions, and pay

People with Disabilities
  • The Rehabilitation Act of 1973 prohibited
    discrimination against people with disabilities
    in federal programs
  • The Americans with Disabilities Act of
    1990forbids employers from discriminating against
    people with disabilities

Affirmative Action
  • A policy designed to correct the effects of past
  • University of California v. Bakke (1978) the
    court ruled that affirmative action was
    constitutional but that Bakke had been denied
    equal protection because the university used race
    as the sole criteria for admissions
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