ap government review unit 1 constitutional underpinnings 5%-15%

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AP Government Review Unit 1 Constitutional Underpinnings 5%-15%

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AP GovernmentReview

Unit 1 Constitutional Underpinnings

5%-15%

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 Confederation

Creates Federalism– A balance between the national and state

governments 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 Congress

Constitution Remedies the Articles of Confederation

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 Senate

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

Amendments

The Constitution has been formally amended 27 times.– Please know all the amendments

The first 10 amendments are known as the Bill of Rights

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

Federalism

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 governments

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 together 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 programs Categorical grants

– Grants that have specific purpose defined by law Block grants

– General grants which can be used for a variety of purposes

Unfunded mandates– Requirements which are imposed by the national

government on the state and local governments

2014 FRQ #1

2014 FRQ #1 Rubric

2014 #1 Rubric (cont…)

AP Government ReviewUnit 2

Political Beliefs and Behaviors 10%-20%

Political Culture

A set of beliefs and basic values shared by most citizens.– 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

unions)– 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

1930’s 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 lifestyle

Reactionary: advocates a return to a previous state of affairs

AP Government ReviewUnit 3

Political PartiesInterest Groups

Mass Media10%-20%

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 elections

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

meetings Forming interest groups and PACs Contacting public officials Contributing money to a candidate or

political party 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 propositions

Initiative– Allows voters to petition to propose issues to

be decided by qualified voters

Low Voter Turnout

Voter turnout is higher for Presidential elections

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 voters

No perceived differences between candidate or party

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 expenditures

Federal Election Commission– Enforces the FECA– Created public financing for presidential

candidates Buckley v. Valeo (1976)

– The Supreme Court ruled that spending limits established by the FECA were unconstitutional

Campaign Finance

Bipartisan Campaign Reform Act aka BCRA (aka McCain-Feingold)– Banned “soft money” to candidates &

parties;put limits on issues ads from corporations and unions; increased disclosure

Citizens United v FEC (2010)– $= free speech which removed BCRA

limits oncorporations/unions/non-profits which leads to SuperPACS which can take unlimited $

2013 FRQ #2

2013 FRQ #2 Sample

2013 FRQ #2 Sample (cont.)

2013 FRQ #2 Rubric

2013 FRQ #2 Rubric #2 (Cont)

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

Association)– Agricultural Groups (National Farmer’s

Union)

2012 FRQ #4

2012 FRQ #4 Rubric

2012 FRQ #4 Rubric (cont.)

AP Government ReviewUnit 4

The Legislative, Executive, and Judicial Branches

35%-45%

The Legislative Branch

Congress

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 states

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 party’s 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 committee

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 bill

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 party’s spokesperson

– Minority leader Performs the same role as the House minority

leader

US SenateHow a Bill becomes a Law

A bill is introduced, numbered, and assigned to a committee

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

Caucuses

Informal groups formed by members of Congress who share a common purpose of goals– Congressional Black Caucus – Women’s 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 member’s home state or district

Logrolling: an attempt by members to gain support of other members in return for their support on the member’s 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 legislation

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

2012 FRQ #1

2012 FRQ #1 Rubric

2012 FRQ #1 Rubric (Cont.)

Executive Branch and the Bureaucracy

President of the United States

Article II of the Constitution establishes the many responsibilities and functions of the President

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 office

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 Congress

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 Misdemeanors.”

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 Vice-President

– 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 votes

Help determine presidential disability under the 25th Amendment and take over presidency if necessary

Has the same formal qualifications as the President

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

governments– 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 (patronage)– 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 president’s power (War

Powers Act) Judicial Checks

– Judicial review of executive action Political checks

– Public opinion– Media attention– popularity

2013 FRQ #3

2013 FRQ #3 Rubric

2013 FRQ Rubric #3 (cont.)

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 friends

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 duty

Civil Service Reform Act of 1978: created the office of Personnel Management to recruit, train, and establish classifications and salaries for federal employed

Organization

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 agency’s budget

Congressional influences: influencing appointments, affecting the agency’s budget, holding hearings, rewriting legislation

Iron triangles: alliances between bureaucratic agencies, congressional committees, and interest groups

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

Jurisdiction 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 1789. – 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 office

When making appointments, Presidents often consider:– 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 statement– 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 decision

– 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 Constitution

AP Government ReviewUnit 5

Politics and Public Policymaking

5%-15%

Agenda-Setting

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/Adoption/Implementation

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 agencies

Policy Evaluation

Analysis of policy and its impact upon the problem

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 influence

Energy: The study of alternative and renewable sources of fuel.

Regulates nuclear waste.

Domestic Policy

Health Care: Medicare (elderly), Medicaid (poor),

CDC, VA, FDA

Social Welfare: Social Security, Housing Programs,unemployment benefits

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

programs

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 Rights5%-15%

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 unconstitutional

– Trial by jury

Civil Liberties

Bill of Rights– Freedom of religion, speech, press,

petition, and assembly– No unreasonable search and seizure– Protections against self-incrimination

and double jeopardy– 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 person’s 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 together

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 others– 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 protections

Procedural due process– The method of government action or

how the law is carried out, according to established rules and procedures

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 citizens.

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 elections

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 Women’s Movement

19th Amendment gave women the right to vote

Equal Pay Act of 1963: made it illegal to base a person’s 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 discrimination.

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