Bill of Rights
Why were the bill of rights written?
- The Bill of Rights was added to address concerns from Anti-Federalists. In order to get more people to support and ratify the US Constitution, the Federalists promised to add a list of liberties that the national government could not deny.
Baker v. Carr:
What were the basic facts, ruling, and amendment associated?
- Baker alleged that a 1901 law designed to apportion the seats for the state's General Assembly was ignored. The question was whether the Supreme Court had jurisdiction over questions of legislative apportionment.
- SCOTUS ruled that state reapportionment claims are justiciable in federal court. The Court held that legislative apportionment was a justiciable issue and concluded that the 14th Amendment meant that the equal protection issues which Baker raised in this case merited judicial evaluation
- The 14th amendment
- It created a one-person, one-vote standard for reviewing congressional districts
Identify two weaknesses of the Articles of Confederation.
- weak national government - no president, thus weak enforcement of rules - no unity among states - each state had its own currency
- no standing army or ability to tax
List and describe the 4 different committee types in Congress
1. Standing → Permanent committees that handle most of Congress' work
2. Joint → Members of both houses that address a long-term issue or program
3. Select/Special → Temporary committee that handles a particular issue or investigation
4. Conference → House and Senate members who reconcile similar bills
How does a CATEGORICAL GRANT differ from a BLOCK GRANT?
- A CATEGORICAL GRANT is money given from the national government to states that must be spent for a specific purpose (more strings attached) A BLOCK GRANT is money given from the national government to states, but states have more flexibility in spending the money.
What are the BOR?
- The 1st 10 Amendments in the Constitution
Shaw v. Reno:
What were the basic facts, ruling, and amendment and clause associated?
- The Attorney General rejected North Carolina's congressional reapportionment plan because the plan created only one black-majority district. North Carolina submitted a second plan creating two black-majority districts. These districts were oddly shaped. Five North Carolina residents challenged the constitutionality of these unusually shaped districts, alleging that their only purpose was to secure the election of additional black representatives.
- The question was whether the state's creation of racially gerrymandered districts raised a valid constitutional issue under the 14th amendment's Equal Protection Clause.
- SCOTUS ruled that the district shape was bizarre enough to suggest that it constituted an effort to separate voters into different districts based on race. SCOTUS held that the unusual district seemed to exceed what was reasonably necessary to avoid racial imbalances.
- The 14th amendment's Equal Protection Clause
What was Shay's Rebellion and what did it say about the national government?
The rebellion of furious farmers in Massachusetts showed the weakness of the the Articles because it wasn't resolved quickly and local militia had to put it down which resulted in some casualties since it took too long to put down. This was a big turning point in creating a new government.
What are enumerated powers?
Name 7 enumerated powers of Congress
- Powers that are specified in the constitution
1. Power to tax
2. Borrow money
3. Raise an army
4. Create a postal system
5. Address piracy on the seas
6. Define immigration and naturalization
7. Regulate commerce
Define selective incorporation and identify which SCOTUS cases incorporated which rights to states.
- A process through which state laws must also adhere to selective Bill of Rights provisions through the 14th Amendment's Due Process clause
- Wisconsin v. Yoder: 1st Amendment Freedom of Religion
- Gideon v. Wainwright: 6th Amendment Right to Counsel
- Roe v. Wade: Right to Privacy
- McDonald v. Chicago: Right to Bear Arms (2nd Amendment)
- Tinker v. Des Moines: Freedom of Speech
- Miranda v. Arizona: Right to protection against self-incrimination (Miranda warning)
What did NYT v. U.S. establish?
- Government cannot exercise prior restraint
United States v. Lopez:
What were the basic facts, ruling, and relevant clause?
- Lopez, a high school students, brought a gun to school and was charged under Texas law with firearm possession at school. But then federal agents charged Lopez with violating the Gun Free School Zones Act, of which Lopez was found guilty and sentenced to 6 months in prison.
- The question was whether the Gun Free School Zones Act was unconstitutional, because it seemingly exceeds the power of Congress to legislate under the commerce clause.
- SCOTUS ruled in favor of Lopez, stating that the possession of a gun in a school zone is not an economic activity that may have a substantial effect on interstate commerce.
- The commerce clause
What was the result of the GREAT COMPROMISE and which 2 plans did it consolidate?
- Two chamber legislature: - The HOUSE OF REPRESENTATIVES that is based upon a state's population, represents the "people" - The US SENATE, whereby each state receives equal representation, originally meant to represent STATE interests.
- Virginia Plan and New Jersey Plan
List 3 powers exclusive to the House of Representatives
List 3 powers exclusive to the Senate
1. The power to raise revenue (tax)
2. The power to impeach federal officials
3. The power to elect the president in the event of an Electoral College tie
1. The power to confirm treaties
2. The power to confirm presidential appointees
3. The power to try impeached officials
Define federalism
List one BENEFIT and one DISADVANTAGE of FEDERALISM.
- Federalism is a mixed or compound mode of government that combines a general government with regional governments in a single political system, dividing the powers between the two
- Possible benefits: - allows states to test out new policies like laboratories - provides people more access points to the government through local and state levels since the country is large geographically - Possible disadvantages: - Complex, with many layers of govt to deal with - Duplication of offices and functions - Conflicts of authority may arise between the different levels
What are the relevant clauses and rules associated with the BOR and the amendments that they pertain to?
1st Amendment - establishment clause, and free-exercise clause
4th Amendment - exclusionary rule
5th Amendment - due process
Summarize McCulloch v. Maryland:
What clause(s) of the Constitution did this case deal with?
- Maryland was taxing the National Bank and called its constitutionality into question. The chief cashier of the National bank, McCulloch, refused to pay the tax, claiming that states cannot tax federal institutions. Congress' ability to create a National Bank was called into question, and so were Congress' implied powers and the extent of the Elastic clause.
- SCOTUS ruled in favor of McCulloch, stating that states cannot tax federal institutions and Congress has the right to create a National Bank
- The Elastic (or Necessary and Proper) and Supremacy clauses
What was the purpose of the FEDERALIST PAPERS?
They were originally written to persuade New York and other Anti-Federalists to support and ratify the US Constitution.
Describe Federalist No. 70
- Hamilton claims that a unified Executive Branch - AKA a single person - is the most effective means of carrying out the laws made by the Legislative Branch. He states that a unified office is easier to hold accountable because blame cannot be placed on anyone else but the president. Furthermore, a unified office will avoid infighting and conflict and will therefore be more efficient
What is the exception to the Miranda rule?
- Public safety exception
1) Right to freedom of Speech, Assembly, Religion, Press, Petition (RAPPS)
2) Right to bear arms
3) No quartering of soldiers
4) Protection against illegal search and seizure
5) Self-incrimination, double jeopardy, indictment
6) Right to a speedy, public trial; Right to counsel
7) Right to a jury in a civil case
8) No cruel and unusual punishments
9) People's rights
10) States rights (reserved powers)
What did Marbury v. Madison establish and what precedent has it set?
- Judicial Review
- The judicial branch could enact a system of checks and balances on acts of legislature on the other 2 branches so they couldn't act outside the scope of their power.
What was the main argument of Federalist #10?
- FACTIONS are inevitable in a free society, thus a functioning government must limit their ill effects rather than banning them in their entirety. Checks and balances, federalism, and separation of powers are the means of decentralization that Madison felt would limit the influence of factions.
How can the Legislative Branch check the Executive Branch?
How can the Executive Branch check the Legislative Branch?
- Congress must approve presidential appointments, it controls the budget, it can pass laws over the president's veto, and it can impeach and remove the president from office
- The president can veto Congressional legislation an may propose legislation to Congress
Do you like AP Gov?
- Yes