AP Gov required documents (copy)

Natural rights, popular sovereignty, and social contract. Foundation of government power

Natural rights: “We hold these truths to be self evident that all men are created equal, endowed by their creator with certain unalienable rights…

Popular Sovereignty: Gov’t gets power from the ppl

Social Contract: Ppl give up stuff to the government for protected freedoms and order

First system of government before constitution

Congress couldn’t tax or regulate interstates congress

States were more powerful than the nat. gov’t

Factions are the biggest threat facing the nation

A republic is the best way to control factions

Can't destroy factions without destroying liberty

Maintain majority rule while protecting minority rights, we need a large republic. Dilutes the power of each individual faction

Doesn’t like the constitution, power to people

Didn’t like necessary and proper clauses, said it made the gov’t too overpowered and gave the gov’t too much power to pass any law.

Standing armies and taxes lead to a tyrannical government

Federal government will destroy state governments. Small republics are better

“If men were angels”

Argues for checks and balances

The government needs to be able to control the people, but we also need to control the people in the government. Divide power, 3 branches, and give each some power but also some power over the others. They will jealously guard their own powers.

Legislation, the strongest branch needs to be divided into 2 houses

Headed by a preamble 7 sections 27 amendments Limited government, Separation of [powers, checks and balances republicanism, federalism - representative gov’t

In favor of a unitary executive, a one person president.

Good gov’t needs an active and decisive executive, we need someone who can act fast and be a mascot. Will make an ineffective gov’t if not.

It’s good for congress to move slowly, but the executive needs to be able to act quickly.

Demanding the fulfillment of the declaration of Independence and constitution 14th amendment, demanding for it to apply to all people.

Parallels other documents, Privileged groups seldom give up privileges voluntarily, Brutus no. 1. Listed grievances like the Declaration.

Appeals to moral law and natural rights.

Freedom is demanded by the oppressed.

Injustice anywhere is threat to justice everywhere, an unjust law is no law at all and people have a right to break them.

Judge was given a job right before the administration ended, Marbury was entitled to his commission however the court ruled it unconstitutional

Passed laws to tax the Bank of the US

Congress can establish a national bank- necessary and proper clause

States may not tax the national government - supremacy clause

“Clear and Present Danger” test in limiting free speech

If someone in a movie showed screamed fire in the second row

Ruled against first Amendment (Free Speech)

Upheld Espionage Act

Nonnwhite children were being denied access to public schools

Equal protection, violated the constitution

One person one vote

Equal protection clause

All votes count equally

Non denominational prayer in New york schools

Ruled unconstitutional, schools cannot host prayer

Violates establishment clause, 14th ammendment

Extended the right to an appointed attorney to all criminal defendants who could not afford one

Incorporation  - 6th amendment guarantees the right to attorney for all federal defendants. Extended the law to the states

Protesting vietnam war - free speech - Supreme court ruled they had a right to do so

Free speech applies to states, it doesn’t stop when you go to school.

Symbolic free speech, protection of symbolism. Symbol must pose a substantial interference of running

(Texas v Johnson)

Protected the freedom of the press

Nixon admin tried to prevent NY times from publishing the Pentagon papers

First amendment freedom of press

State set laws that kids needed to go to school til 16, disagreed with the Amish lifestyle, violated free exercise clause

Establishment Clause - Fundamental right to make decisions around religion

Right to privacy is in the constitution

Right to abortion based on the right to privacy (connection to Griswold v Conneticut)

Incorporated through the 14th amendment

Race can be a factor, but not a deciding factor.

Colorblind constitution

Student arrested for bringing an unloaded gun to school, broke federal law

Possession of a gun in a school zone does not substantially affect interstate commerce - It’s up to the states

Tenth amendment protects state powers

Incorporated the right to bear arms to the states

Corporations cannot give money directly to candidates but they can form PACs and Superpacs to give money.

Can give unlimited amounts of money in elections

Free speech clause, sees corporations as an entity with a right to speech