STUDY SHEET FOR APGAP
27 AMENDMENTS:
Bill of Rights (December 15, 1791)
1. Freedom of religion, freedom of press and speech, freedom of assembly and freedom to petition the government.
2. Right to bear arms
3. Prohibiting troops to take shelter in house if not approved, later was used as foundation for right to privacy (Griswold v. Conneticut-1965)
4. No unreasonable search and seizure. Exclusionary rule- not allowed to use evidence that was gained by an unreasonable search and seizure. (Miranda v. Arizona-1966)
5. Grand jury when held for capitol or “infamous” crime. Double jeopardy. No one can be deprive an individual the right to life, liberty, or property unless due process of law. Eminent domain- property can be taken away and converted into public use to provide compensation for property owners.
6. Right to a speedy trial by impartial jury. To be informed of charges (habeas corpus), to confront witnesses, subpoena witnesses for defense, and right to have a lawyer.
7. Trial by jury in common-law case
8. No cruel and unusual punishments- capital punishment has not been declared by Supreme Court as “cruel and unusual”.
9. Non-enumerated rights. Also has implied right to privacy and questions regarding individual rights not identified or understood at the time that the Bill of Rights was written.
10. States have reserved powers, as long as they do not infringe on the Constitution or federal government (i.e. drinking age, death penalty, speed age)
Early Amendments (1765-1804)
11. States cannot have charges pressed against them from individuals of another state or country, unless with that state’s consent. (Chisholm v. Georgia 1763)
12. Runner up does not get VP-different ballots for President and VP. Not what we currently use regarding Electoral College.
Civil War Amendments/ Reconstruction Amendments (1865-1870)
13. No slavery- because of Union victory in Civil War
15. All male citizens have the right to vote. Voting rights were made secure by the passage of the 24th amendment and the Voting Rights Act of 1965
Progressive Era Amendments (1913-1920)
16. Congress is given power to lay and collect taxes on income from whomever (rich people during progressive era)
17. Direct elections of senators. Senators were elected by state legislators prior to 1913. 18. Prohibited the manufacture, sale, and transportation of alcohol in or out of US 19. Granted voting rights to all American women
Later Amendments (1933-1992)
20. Sets dates in which the presidential term starts. 21. Repealed of prohibition
22. Limited presidential term to two terms because of FDR (2 terms- 22)
23. D.C. vote for presidential elections (in Electoral College) - bringing national electoral count to 538. 24. Ended poll tax that hindered African Americans participation in elections
25. Presidential succession- brought on by JFK’s death.
26. Changed voting age to 18-because of draft laws in Vietnam (2+6=8….18)
27. Pay increase is determined by congress and doesn’t take into effect until the next election.
US Supreme Court Decisions
1. McCulloch v. Maryland (1819)
Established national supremacy; established implied powers; use of elastic clause; state unable to tax federal institution; John Marshall; the power to tax involves the power to destroy.
2. Gibbons v. Ogden (1824)
Established a broad interpretation of the Commerce Clause; determined Congress power encompassed virtually every form of commercial activity. The Commerce Clause has been the constitutional basis for much of
Congress regulation of the economy. 3. Plessy v. Ferguson (1896)
Established separate by equal. Gave Supreme Court approval to Jim Crow laws. 4. Weeks v. U.S. (1914)
Established the Exclusionary Rule at the federal level; illegally obtained evidence cannot be used in court. 5. Schenck v. U.S. (1919)
6. Gitlow v. New York (1925)
Established precedent of federalizing Bill of Rights (applying them to the states); states cannot deny freedom of speech protected through due process clause of Amendment 14.
7. Near v. Minnesota (1931)
Held that the 1st Amendment protects newspapers from prior restraint. 8. Palko v. Connecticut (1937)
Provided test for determining which parts of Bill of Rights should be federalized those which are implicitly or explicitly necessary for liberty to exist.
9. Korematsu v. U.S. (1944)
Upheld as constitutional the internment of Americans with Japanese descent during WWII. 10. Brown v. The Board of Education
School segregation unconstitutional; segregation psychologically damaging to blacks; overturned separate but equal; use of 14th Amendment; judicial activism ofWarren Court; unanimous decision. Ordered schools to desegregate with all due and deliberate speed.
11. Roth v. United States (1957)
Established that obscenity is not within the area of constitutionally protected speech or press. 12. Mapp v. Ohio (1961)
Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court’s judicial activism in criminal rights.
13. Engel v. Vitale (1962)
Prohibited state-sponsored recitation of prayer in public schools by virtue of the 1st Amendments establishment clause and the 14th Amendments due process clause; Warren Courts judicial activism.
14. Baker v. Carr (1962)
One man, one vote. Ordered state legislative districts to be as near equal as possible in population; Warren Courts political judicial activism.
15. Abbington v. Schempp (1963)
Prohibited devotional Bible reading in public schools by virtue of establishment clause & 14th Amendments due process clause. Warren Courts judicial activism.
16. Gideon v. Wainwright (1963)
Ordered states to provide lawyers for those unable to afford them in criminal proceedings. Warren Courts judicial activism in criminal rights.
17. NY Times v. Sullivan (1964)
18. Griswald v. Connecticut (1965)
Established right of privacy through 4th & 9thAmendments. Set a precedent for Roe v. Wade. 19. Miranda v. Arizona (1965)
Established Miranda warnings of counsel and silence. Must be given before questioning. Warren Courts judicial activism in criminal rights.
20. Miller v. California (1973)
Established that community standards be used in determining whether material is obscene in terms of appealing to prurient interest, being patently offensive, and lacking in value.
21. Roe v. Wade (1973)
Established national abortion guidelines; trimester guidelines; no state interference in 1st; state may regulate to protect health of mother in 2nd; state may regulate to protect health of unborn child in 3rd. Inferred from right of privacy established in Griswald v. Connecticut.
22. U.S. v. Nixon (1974)
Allowed for executive privilege, but not in criminal cases; Even the President is not above the law; Watergate. 23. Buckley v. Valeo (1976)
1st Amendment protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns. The decision opened the door for PACs to spend unlimited amounts of money for campaigning activities so long as they’re not directly coordinated with a particular campaign.
24. Gregg v. Georgia (1976)
Upheld the constitutionality of the death penalty; death penalty does not constitute cruel & unusual punishment; overturned Furman v. Georgia (1972).
25. U.C. Regents v. Bakke (1978)
Bakke & UC Davis Med School; declared strict quotas unconstitutional but states may allow race to be taken into account as ONE factor in admissions decisions. Bakke was admitted; affirmative action.
26. Texas v. Johnson (1989)
Struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the 1stAmendment.
27. Planned Parenthood v. Casey (1992)
States can regulate abortion, but not with regulations that impose undue burden upon women; did not overturn Roe, but gave state more leeway in regulating abortion (e.g., 24-hour waiting period, parental consent for minors)
28. Shaw v. Reno (1993)
No racial gerrymandering; race cannot be the sole orpredominant factor in redrawing legislative boundaries; majority-minority districts.
Gun Free School Zones Act exceeded Congress authority to regulate interstate commerce. The first case to begin reigning in Congress authority under the Commerce Clause.
30. Clinton v. NY (1998)
Banned presidential use of line item veto. 31. Bush v. Gore (2000)
Use of 14th Amendment’s equal protection clause to stop the Florida recount in the 2000 election. 32. Gratz v. Bollinger (2003)
Struck down use of bonus points for race in undergrad admissions at University of Michigan; affirmative action
Articles 1-7
Article 1-Legislative Branch:
1. Shared Legislative Powers:
To lay and collect taxes, duties, imposts, and excises
To borrow money
To regulate commerce with foreign nations and among the states
To established rules for naturalization and bankruptcy
To coin money, set its value and punish counterfeiting
To fix the standard of weights and measures
To establish a post office and post roads
To issue patents and copyrights by inventors and authors
To create courts inferior to the Supreme Court
To define and punish piracies, felonies on the high seas, and crimes against the law of nations
To declare war
To raise and supports an army and navy and make rules for their governance.
To provide for a militia (reserving to the states the right to appoint militia officers and to train the militia under congressional rules)
To exercise exclusive legislative powers over the seat of government (that is, the D.C.) and other places purchased to be federal facilities (forts, arsenals, dockyards, and “other needful
buildings”)
To “make the laws which shall be necessary and proper for carrying into executive the foregoing powers, and all other powers vested by the Constitution in the government of the United States” (necessary and proper clause has been generously interpreted by the Supreme Court)
Participate in Joint Committees
Override presidential veto by 2/3 of each house Senate Powers (Vice President/ President Pro Tempore run Senate):
Trial for impeachment.
Approve treaties made by the Executive Branch
Can filibuster and debate on floor with no time limitation
House Powers (Speaker of the House run HoR):
Appropriation
Start impeachment process
Power to elect president it electoral votes are ties
Power to introduce laws and legislation that specifically deal with taxes and revenue Article 2- The Presidency:
Executive Power is vested in POTUS
270 to win
Commander in Chief of army and navy.
Grant pardons for offences against US, except in cases of impeachment
Make treaties and appointments (with approval of Senate)
State of Union
They can be impeached.
Must be 35 or older, must be natural born citizen, and live in US for at least 14 years.
Power to veto legislation
Article 3- The Judiciary:
Supreme Court Justices are appointed to life (argued by Hamilton), unless impeached
Interpret laws and decide constitutionality of legislation Levels of
Judiciary-District Courts-the United States district courts are the trial courts of the federal court system. This is where federal cases are tried, where witnesses testify, and federal juries serve. There are 94 federal district courts in the United States.
Court of Appeals- There are 12 regional circuit courts, and one for the “Federal Circuit,” that were established by Congress to relieve some of the caseload of the Supreme Court, and to hear cases that are appealed from the 94 district courts. Review decisions of district and decide if they were correct.
Supreme Court-the Supreme Court of the United States in Washington, D.C. is the highest court in the nation, decide constitutionality.
Article 4- States Rights:
States must protect privileges and immunities between states (Privileges and Immunities Clause)
Interstate crimes fall under federal jurisdiction
No new states can be formed within state boundaries and no two states can form into one without the consent of both state legislators and congress.
Federal government protects the states
Must return fugitives to the states which they have fled; process called extradition
Article 5-Amending the Constitution:
2/3 of both houses in congress or ¾ of state legislatures Article 6:
Supremacy of federal laws and treaties apply to all states within Union.
Religious tests cannot be required to hold a position in office. Article 7:
The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratifying the same.
Types of Committees:
Standing committees- permanently established legislative committees that consider and are responsible for legislation within a certain subject area
Select committees-congressional committees appointed for a limited time and purpose.
Joint committees- committees on which both senators and representatives serve.
Conference committee- a joint committee appointed to resolve differences in the Senate and House versions of the same bill
Types of Resolutions:
Simple resolution- an expression of opinion either in the House or Senate to settle procedural matters in either body
Concurrent resolution- an expression of opinion without the force of law that requires the approval of both the House and Senate but not the president.
Joint resolution- a formal expression of congressional opinion that must be approved by both houses of Congress and by the president; constitutional amendments need not be signed by the president.
Federal Government does not have the power to…
Suspend writ of habeas corpus, except in times of national crisis
Pass ex post facto (retroactive) laws or issuance of bills of attainder (which declare an individual guilty of a capital offense without a trial)
Impose export taxes
Use money from the treasury without the passage and approval of an appropriations bill
Grant titles of nobility
State Governments do not have the power to…
Enter into treaties with foreign countries
Declare war
Maintain a standing army
Grant titles of nobility
Impose import or export duties
George Washington John Adams Federalists 1789-1797
John Adams Thomas Jefferson Federalists 1797-1801
Thomas Jefferson Burr/Clinton JDR 1801-1809
James Madison Clinton/Gerry JDR 1809-1817
James Monroe Tompkins JDR 1817-1825
John Quincy Adams Calhoun JDR 1825-1829
Andrew Jackson Calhoun/ Van Buren Democrat 1829-1837
Martin Van Buren Johnson Democrat 1837-1841
William Henry Harrison Tyler Whig 1841
John Tyler None Independent 1841-1845
James K. Polk Dallas Democrat 1845-1849
Zachary Taylor Fillmore Whig 1849-1850
Millard Fillmore None Whig 1850-1853
Franklin Pierce King Democrat 1853-1857
James Buchanan Breckinridge Democrat 1857-1861
Abraham Lincoln Hamlin/Johnson Republican 1861-1865
Andrew Johnson None Democrat 1865-1869
Ulysses S. Grant Colfax/Wilson Republican 1869-1877
Rutherford B. Hayes Wheeler Republican 1877-1881
James A. Garfield Arthur Republican 1881
Chester Arthur None Republican 1881-1885
Grover Cleveland Hendricks Democrat 1885-1889
Benjamin Harrison Morton Republican 1889-1893
Grover Cleveland Stevenson Democrat 1893-1897
William McKinley Hobart/Roosevelt Republican 1897-1901
Theodore Roosevelt Fairbanks Republican 1901-1909
William Howard Taft Sherman Republican 1909-1913
Woodrow Wilson Marshall Democrat 1913-1921
Warren G. Harding Coolidge Republican 1921-1923
Calvin Coolidge Dawes Republican 1923-1929
Herbert Hoover Curtis Republican 1929-1933
FDR Garner/Wallace/Truman Democrat 1933-1945
Harry S. Truman Barkley Democrat 1945-1953
Dwight D. Eisenhower Nixon Republican 1953-1961
JFK LBJ Democrat 1961-1963
Lyndon B. Johnson Humphrey Democrat 1963-1969
Richard Nixon Agnew/Ford Republican 1969-1974
Gerald Ford Rockefeller Republican 1974-1977
Jimmy Carter Mondale Democrat 1977-1981
Ronald Reagan Bush Republican 1981-1989
George Bush 41 Quayle Republican 1989-1993
George W. Bush Cheney Republican 2001-2009
Barack Obama Biden Democrat 2009-2017
Major Political Realignments:
1800- Anti-Federalists changed to Jeffersonian Democratic Republicans (JDR) 1828- Old Federalists to Jacksonian Democrats
1860- Whigs to Republicans
1896- Change of ideology to Modern-day Republicans (conservative views) 1932- Change of ideology to Modern-day Democrats (liberal views)
OUR FIRST PARTY SYSTEM
Federalists Democratic-Republicans (JDRs)
Leaders Hamilton, Washington, Adams,
Jay, Marshall
Jefferson, Madison
Vision Economy based on commerce Economy based on agriculture
Governmental Power Strong federal government Stronger states governments
Supporters Wealthy, Northeast Yeomen farmers, Southerners
Constitution Loose construction Strict construction
National Bank Supported and believed
“necessary”
Believed it was merely “desirable”
Foreign Affairs More sympathetic toward GB More sympathetic toward France
Ideology Federalist Papers Kentucky and Virginia
Resolutions
