AP GOV REVIew

Page 2: Calendar

Page 3: Assignment List

Pages 4-5: Founding Documents Summaries with quotes

Page 6: Court Case Summaries

Pages 7-10: Unit 1 Summary

Pages 11-14: Unit 2 Summary

Pages 15-19: Unit 3 Summary

Page 20: Practice Concept Analysis

Page 21: Argumentative Essay Template

Page 22: Practice Argumentative Essay

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Calendar

2020/May
2020
AP GOV REVIEW

Here is the plan for the AP test. You will need to submit each component of the
review on google classroom on these dates. The assignments below will not make
sense until you take a look at that page.

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

27 28 29 30 1 2

3 4 5 6 7 8 9

100 11
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  Required Court Case Cheat Sheet

Case Principle/Clause Holding
Marbury v. Madison Article III- Judicial Review The Supreme Court is allowed to nullify an
(1803) act of the legislative or executive branch
that violates the Constitution
McCulloch v. Maryland Elastic Clause (Necessary and Proper Established supremacy of the US
(1819) Clause)/ Supremacy Clause Constitution and federal laws over state
laws
Schenck v. United States First Amendment Free Speech Speech creating a “clear and present
(1919) danger” is not protected
Brown v. Board of 14 Amendment Equal Protection
th
Raced based segregation is illegal
Education I (1954) Clause
Baker v. Carr (1961) 14 Amendment Equal Protection
th
Established “one man, one vote” and opens
Clause door to courts to reviewing redistricting
challenges 
Engle v. Vitale (1962) 1 Amendment Establishment Clause
st
Schools cannot sponsor religious activities.
No state sponsored prayer 
Gideon v. Wainwright Sixth Amendment Right to Counsel Guarantee of an attorney for the poor or
(1963) indigent 
Tinker v. Des Moines First Amendment- Freedom of Speech Public school students have the right to
Independent Community (Symbolic Speech) wear black armbands in school to protest
School District (1969) the Vietnam War because it does not cause
a disruption
New York Times Co. V. First Amendment- Freedom of Press  Establishes a “heavy presumption against
United States (1971) prior restraint” even in cases involving
national security 
Wisconsin v. Yoder (1972) First Amendment- Free Exercise Clause Cannot compel Amish students to attend
school past the eighth grade 
Roe v. Wade (1973) Due Process Clause and 9 Amendment
th
Protects the right of a woman to have an
implied right of privacy (establish abortion 
through Griswold v. CT) 
Shaw v. Reno (1993) 14 Amendment Equal Protection
th
Legislative redistricting must be conscious of
Clause  race
United States v. Lopez Commerce Clause Congress may not use the commerce clause
(1995) to make possession of a gun in a school
zone a federal crime
McDonald v. Chicago 14 Amendment due process clause,
th
Right to keep and bear arms for self-defense
(2010) Privileges and Immunities Clause, 2nd
applies to the states 
amendment 
Citizens United v. FEC 1 Amendment Free Speech
st
Political spending by corporations,
(2010) associations, and labor unions is protected
and cannot be limited by law; Money =
Speech
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Unit 1 Summary- Constitutional Democracy

Big Idea #1: A balance between governmental power and individual rights has been a hallmark of American
political development.

Ideas the U.S. Government is Based

Terms Definition
Natural Rights (and the 3 John Locke-Rights inherent in human beings-not dependent on government
natural rights) 1. Life
2. Liberty
3. Property
Popular Sovereignty A belief that ultimate power resides in the people
Republicanism A form of government in which people elect representatives to create and enforce laws
Social Contract An agreement between the people and their government signifying their consent to be
governed

Views on Central Government and Democracy

Define: FACTION Political groups that agree on objectives and policies; the origins of political parties
Federalist Anti-Federalists

Foundational Document: Federalist 10, Federalist 51 Foundational Document: Brutus 1

Author: Madison, Hamilton, Jay (Publius) Author: Robert Yates

Main Idea(s) (reasons to ratify constitution) Main Idea(s) (reluctance to ratify constitution)
They believed the Constitution was the best way to deal Believed that the Constitution gave too much political,
with “the tyranny of the majority” by creating three branches economic, and military control. They wanted a
of government having distinctive and separate powers decentralized governmental structure that granted most
power to the states

Article of Confederation and its Weaknesses

Description Incidents and Challenges Description of the Long-term Challenge
Shay’s Impoverished farmers in Massachusetts lost their Made leaders realize the need to revise the Articles of
Rebellion farms because they were unable to pay taxes. Confederation because they could not raise or maintain
They challenged the government by staging an an army, there was no national court system or
uprising that the government could not stop national currency, Congress could not regulate
because they did not have the power to form an commerce among the states.
army.
Power to Inability to collect taxes. Politely asked for Made leaders realize that taxes needed to be collected
Tax $3 million from the states only to receive 1%. in a more firm manner if they were planning on
receiving them.

Compromises at the Constitutional Convention

Description of the the Compromise
Great Virginia Plan: “large state” proposal for the new constitution, calling for proportional representation in
(Connecticut) both houses of a bicameral Congress.
Compromise
New Jersey Plan: called for equal representation of each state in Congress regardless of the state’s
population.

Great (Connecticut) Compromise: agreement by states at the Constitutional Convention for a bicameral
legislature with a lower house in which representation would be based on population and an upper
house in which each state would have two senators
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Electoral Presidential electors from each state, number of electors is based on the state’s population. The
College number of electors for each state equals the number of senators and representatives that state has in
Congress. The candidate with a majority of the electoral votes is elected to office. If no candidate
receives a majority, the House of Representatives determines the outcome of the election.
Three-Fifths Adopted at the Constitutional Convention, every five slaves would count as three people for
Compromise representation and tax purposes
Compromise The South stated that if slaves were banned, they would not ratify the Constitution. It was decided that
on the Congress could not ban the Slave Trade until 1808.
importation of
slaves
Special Note: Compromises deemed necessary for adoption and ratification of the Constitution.

Amendment Process
What does it mean to Informally Amend the Constitution? By judicial interpretation
Which Article describes the Formal Amendment Article V
Process
2 Ways to Formally Propose a Constitutional Amendment Ratify a Constitutional Amendment
Amend
(1) 2/3 of each house can vote to propose (1) ¾ of each house can vote to approve a
an amendment proposed amendment
(2) 2/3 of the state legislatures can vote to (2) special elections are held in each state to
propose a constitutional convention to choose delegates to ratification conventions
propose an amendment and the ¾ of those conventions vote to
approve a proposed amendment
Special Note: Debates about self-government during the drafting of the Constitution necessitated the drafting of an
amendment process.

Political Negations and Compromise and the Development of the Constitutional System

Explain how each of the following scenarios are debated, balancing rights of individuals, state powers, and
national powers.

● Government U.S. Patriot Act-weakens important civil liberties and protections of American citizens-
surveillance resulting allows federal officials greater authority in tracking and intercepting communications.
from the federal More active border patrol, etc.
government’s response
to the 9/11 attacks.
● Role of the federal NCLB Act incorporates increased accountability for states, school districts, and schools;
government in public greater choice for parents and students, more flexibility for states and local educational
school education. agencies in the use of federal education dollars

“Race to the top” program-encouraged states through grants to satisfy certain

educational policies such as performance-based standards for teachers and principals.

Big Idea #4 Federalism reflects the dynamic distribution of power between national and state governments.

Federalism
Expressed/Enumerated Concurrent Reserved
(National Powers) (Shared Powers) (State Powers)
Definition: Definition: Definition:
Powers explicitly given to Congress in the Powers held jointly by Powers not specifically granted to the
Constitution the national and state federal government or denied to the
government states belong to the states and the
people
List: (Provide at least 5) Collect tax and borrow Regulate trade
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-powers to levy taxes money Marriage laws

-power to regulate commerce and currency Set up court system Conduct elections
-power to declare war and raise an army Create laws to maintain Establish local governments
-authority over the U.S. Navy health, safety, and
-power to allow foreigners to become citizens welfare
Set minimum wage
Implied Charter banks
(National Powers)
Definition:
Powers inferred from the express powers that
allow Congress to carry out its functions
Explain:
A power that is not explicitly granted by the
Constitution but is implied by the necessary and
proper clause to be delegated for the purpose of
carrying out the enumerated powers

Grants, Incentives, and Aids

Term Define Example
Grants Programs through which Congress provides money to state Aid to families with
and local governments on the condition that the funds be dependent children
employed for purposes defined by the federal government
Incentives An alternative to command-and-control, with market-like Marijuana, Minimum Wage
strategies such as rewards used to manage public policy
Federal Revenue Sharing
Mandates Terms set by the national government that states must meet Americans with Disabilities
whether or not they accept federal grants
Categorical Grants Federal grants that can be used only for specific purposes, Head Start Program
or “categories,” of state and local spending. They come with
strings attached, such as nondiscrimination provisions
Block Grants Federal grants given more or less automatically to states or Community Development
communities to support broad programs in areas such as Block Grant
community development and social services Local Law Enforcement
Block Grant
Explain how grants, Federal grants, incentives and aid programs give states freedom to implement social
incentives, and aid programs to advance disadvantaged groups. Power is balanced between the federal and
programs meet federal state governments (example: welfare)
societal changes AND
balance power.

Balance of Power between National and State Governments

Describe Explain importance in a federal system
10th Amendment Power reserved to the states Provides for the general idea of Federalism
14th Amendment Granted citizenship to all persons Freed slaves
born or naturalized in the U.S.
including former slaves
Commerce Clause Gives Congress the power to Deals with the balance of power between
regulate all business activities that federal and state government
cross state lines or affect more than
one state or nation
Necessary and Proper Clause Allows Congress to make all laws Possibly the most important clause
that are “necessary and proper” to
carry out the powers of the
Constitution.
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Policy-Making: Distribution of power

Task: For each of the following columns, explain how the distribution of power impacts policy making.
Be sure to include the influence of stakeholders and institutions involved, i.e. President, Interest Groups, Congress, etc.
Legislative Executive Judicial National Power State Power
Constitutional Constitutional Constitutional Through fiscal federalism States have looked in
guarantee of power guarantee of power guarantee of the national government recent years to regain
via Article I and via Article II via the power via Article has increased its power power via legislation
Congress. Areas of Presidency. In recent III and the federal over the states by designed to limit the
policy emphasis years presidents courts. increasing the amount of scope of federal
include financial in have taken on a conditions of aid attached authority.
the sense of revenue, much greater role in Serves as the to federal grants that
spending, coining of foreign and domestic umpire between states very much wish to Furthermore, from an
money, regulation of policy. disputes between acquire. investigatory sense
financial institutions the legislative state attorney
etc. Increased informal and executive As the role of the generals have
power through the branches with the presidency has increased asserted this power
Also emphasis on President’s use of the Supreme Court so too has the power of more and more by
foreign policy via bully pulpit, the being the the national government litigating cases
appropriations media, executive ultimately over the states in that involving federal law
funding, declaration orders, signing authority on Presidents are more in court.
of war, the Senate’s statements, and these types of willing to use the various
“advise and consent” greater persuasion of disagreements. powers granted to them
power, congressional Congress in order to achieve their
oversight etc. policy agenda.
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Unit 2 Summary- Interactions Between Branches

Big Idea #1 The republican ideal in the U.S. is manifested in the structure and operation of the legislative branch.

Basic Congressional Requirements

House of Representatives Senate
435 Number of members in each Chamber 100
25 Minimum Age 30
7 years U.S. Citizen Citizenship Requirement 9 years U.S. Citizen
2 years Term Length 6 years
District Explain how the representation of each differs - whole state or Whole State
the populate of the district.
Article I, Section 2 Where in the Constitution are the requirements found? Article I, Section 3

Powers of Congress
Define: Enumerated Powers Specific powers granted to congress
Define: Implied Powers Powers derived from enumerated powers and the necessary and proper
clause. These powers are not stated specifically but are considered to be
reasonably implied through the exercise of the delegated powers
Where in the Constitution are the Article 1, section 8
enumerated powers of Congress found?
Where in the Constitution are the implied Article 1, section 8, clause 18
powers of Congress found?

List the ECONOMIC powers of Congress. Taxation, coinage of money, regulation of commerce

List the MILITARY powers of Congress Authority to provide for national defense

Explain why the Necessary and Proper Because it is broadly interpreted, it allows the government to do almost
Clause is used for addressing social and anything that is not prohibited by the Constitution
environmental issues.

Procedures, rules, and roles that impact the policy-making process

Define and describe the impact in the policy-making process Which house?
Filibuster An attempt to defeat a bill in the Senate by talking indefinitely, Senate
thus preventing the Senate from taking action on the bill.
Cloture Mechanism requiring 60 senators to vote to cut off debate; after a Senate
cloture motion has passed, members may spend no more than 30
additional hours debating the legislation at issue.
Discharge A device by which any member of the House, after a committee House
Petition has had a bill for thirty days, may petition to have it brought to the
floor. If a majority of members agree, the bill is discharged for the
committee.
Treaty Senatorial power, to give consent to a treaty proposed by the Senate
Ratification president.
Confirmation The authority given by the U.S. Constitution to the Senate to ratify Senate
of Judges treaties and confirm presidential cabinet, ambassadorial, and
judicial appointments.
Rules The "traffic cop" of the House that sets the legislative calendar House
Committee and issues rules for debate on a bill.

Define and describe the impact in the budgetary process – include examples.
Discretionary Spending A spending category through which governments can spend through an appropriations bill.

Mandatory Spending Those areas of the federal budget that must be enacted each year by law and are not
dependent on annual review by committees of Congress.
Pork Barrel Legislation Legislation that gives tangible benefits to constituents in several districts or states in the
hopes of winning their votes in return.
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Logrolling Vote trading; voting to support a colleague's bill in return for a promise of future support;
often takes place on specialized bills targeting money or projects to selected congressional
districts

Congressional Behavior and Governing Effectiveness

Define and explain how it influences congressional behavior.
Divided Government The political condition in which different political parties control the White House and
Congress.
Partisan Strong allegiance to one's own political party, often leading to unwillingness to compromise
with members of the opposing party.
Bi-Partisan Two political parties working together to reach a common goal
“Lame—Duck” President A president whose successor has already been named

President and Congressional Tension

Explain how the president’s agenda can create Members of Congress are accountable to their states and districts,
tension and frequent confrontations with whereas presidents are accountable to the entire nation as whole
Congress.  thus creating a natural tension between the two.

Tensions between the President and the Senate

Explain how conflict could occur with the Senate for each of the following.
Cabinet Members Confirmation hearings in front of the Senate can get heated with some Senators that
politically disagree with the nominee’s ideology and/or qualifications
Ambassadors Confirmation hearings in front of the Senate can get heated with some Senators that
politically disagree with the nominee’s ideology and/or qualifications
White House Staff White House staffers are often responsible for helping get presidential nominations and
legislation through the Senate and differences in opinion may arise

Presidential Requirements
Presidential Requirements Where in the Constitution are the requirements
found?
Minimum Age 35 Article II, Section 1
Citizenship Requirement 14 years U.S. Citizen Article II, Section 1
Length of Term 4 years Article II, Section 1

Constitutional-Power Restrictions
Describe the 22nd Amendment Explain why this demonstrates the changing presidential
role.
Limits the president to two terms or Passed in response to concerns that the increased power
10 years at the most in office of the presidency in modern times would make it more
22nd amendment likely to be abused, hence the need for a congressional
check

Communication, technology and the Presidency

Explain how each has changed the Explain how each has changed the president’s
president’s relationship with the national relationship with the other government
constituency. branches.
Modern technology (TV, Allows for presidents to communicate Other branches are at a disadvantage in that
radio, internet) policy initiatives in a variety of ways the President as one person can more easily
through mass media in order to reach a articulate his policy positions as opposed to the
wider audience other branches with have multiple members

Social media Much quicker way to convey policy Other branches are at a disadvantage in that
initiatives (modern example is President the President as one person can more easily
Trump with Twitter) articulate his policy positions as opposed to the
other branches with have multiple members
Nationally broadcast Nowadays a much anticipated and Another example of the power of a president
State of the Union publicized annual major policy address as one person as compared to other branches
with multiple members
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Big Idea #3- The federal bureaucracy is a powerful institution implementing federal policies with sometimes
questionable accountability.

Define
Bureaucracy A system of government in which most of the important decisions are made by state
officials rather than by elected officials.
Patronage A system of rewarding a person for supporting a candidate or party through various
means including civil service jobs
Merit The merit system is the process of promoting and hiring government employees based on
ability, rather than political connections.
Civil Service A system of hiring and promotion based on the merit principle and the desire to create a
non-partisan government service.
“Power of the Purse” The influence that legislatures have over public policy because of their power to vote on
money for public purposes.
Compliance monitoring The quality assurance testing carried out over the day to day activities of the business.

Tasks performed by departments, agencies, commissions, and government corporations

Explain how each assists the bureaucracy in carrying out the responsibilities of
the national government
Writing and enforcing regulations Bureaucracies have discretion in interpreting congressional legislation and thus
make it more specific. Agencies wield large amounts of power via the
regulation component of bureaucracies
Issuing fines Fines are another example of government agencies having wide latitude in
carrying out the legislative intent of Congress
Testifying before Congress Informs Congress through its oversight function of the job that the government
agency is doing
Issue networks and “Iron Triangle” Iron triangles form mutually beneficial alliances between interest groups,
bureaucracies, and Congress. Issue networks are looser policy networks that
form between media pundits, experts in the field etc.
Explain how the federal bureaucracy uses Cite a recent example in the
delegated discretionary authority for rule making past 2 years.
and implementation.
Department of Homeland Security Ensures a safe, secure, and resilient homeland Trump border policy
against terrorism and other potential threats;
carries out mission through promulgation of
regulatory actions.
Department of Transportation Serves the U.S. by ensuring a fast, safe, Review of 737 Max
efficient, accessible and convenient
transportation system that meets vital national
interests.
Department of Veterans Affairs Provies near comprehensive health care services Recent concerns regarding
to eligible military veterans and VA medical care in VA medical centers,
centers and outpatients. Trump budget seeking increase
in VA funding
Department of Education Promotes student achievement and preparation ESSA
for global competitiveness by fostering
educational excellence and ensuring equal
access.
Environmental Protection Agency Protects human health and the environment, Trump requesting budget
(EPA) makes sure the U.S. plays a role in the global reductions
environmental health.
Federal Elections Commission (FEC) The independent regulatory agency charged with Trump tweets about FEC
administering and enforcing the federal finance regarding SNL
law, and other election/voting law.
Securities and Exchange Regulates the various U.S. stock exchanges Elon Musk tweets
Commission (SEC)

Bureaucratic Agencies
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Methods of Oversight
For each, explain how Congress uses its oversight power in its relationship
with the executive branch.
Committee hearings Congress can investigate executive branch officials...recent examples are
Democrats in the House with Trump officials and Republicans in Congress
with Obama officials
Power of the Purse Appropriations can be used by Congress to prioritize policy initiatives via
the federal budget

Special Notes:
● As a means to curtail the use of presidential power, congressional oversight serves as a check of executive
authorization and appropriation. 
● Presidential ideology, authority, and influence affect how executive branch agencies carry out the goals of the
administration.

Governmental branches hold the bureaucracy accountable

How does each ensure that the Formal Powers Informal Powers
bureaucracy is held accountable?
● Congress Legislation, overriding vetoes, advice Use of the media, congressional
and consent, treaty power oversight of the bureaucracy
● President Veto power, commander-in-chief Executive orders, executive
agreements, signing statements
● The Courts Supreme Court (judicial review Discretion in accepting cases
implied but not listed in constitution)
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Unit 3 Summary- Judicial Branch, Civil Rights and Civil Liberties

Big Idea #1: The design of the judicial branch protects the Supreme Court’s independence as a branch of government,
and the emergence and use of judicial review remains a powerful judicial practice.
Checks and Balances and Judicial Review
Describe the Main Ideas Explain the Importance of the Main Ideas
Article III of the Lays out the structure, functions, and powers Establishes a Supreme Court and a three branch
Constitution of the judicial branch of the United States separation of powers
Judicial Review The ability of courts to review legislation and Allows for an important check on the Congress and
government actions to determine if their the Presidency
intent is supported by the Constitution
Federalist No. Written by Alexander Hamilton, it outlines As part of the Federalist Papers it is an important
78 how the judicial branch will operate and why document showing the framers intent for the judicial
it is important that it be structured as laid out branch and why it was important to ratify the
in the Constitution Constitution

Checks and Balances and Judicial Review

Court Case Year Brief description of the case and outcome Constitutiona
l principles
Marbury v Madison 1803 John Adams appoints last minute judges...Thomas Jefferson -Article III
directs James Madison not to deliver remaining judicial
-Judicial
commissions. William Marbury does not receive his judicial
Review
commission and takes his case directly to the Supreme Court
under the terms of the Judiciary Act of 1789 and demands a “writ
of mandamus” which would legally compel his commision to be
delivered.
Explain how the exercise of judicial review Judicial review and life tenure gives unelected federal judges wide
in conjunction with life tenure of judges can discretion in public policy. The ability to be the final arbitrator on most
lead to debate about the legitimacy of the policy matters is quite powerful. Being unelected and having life terms is
Supreme Court’s power. questioned by some as being anti-democratic

Judicial decision making: Importance of precedents and stare decisis 

Precedents stare decisis Landmark Case
Define An earlier event of action that is The legal principle determining A court case (usually
regarded as an example or guide points in litigation according to Supreme Court case) that
to be considered in subsequent precedent serves as an important
similar circumstances benchmark for historical
purposes and legal precedent

Explain Stability of law is an important part Legalization of abortion is a legal The Supreme Court issues
of American politics...constantly principle that has been in place maybe 75-100 decisions per
changing laws would lead to since the Supreme Court’s year, however some
inconsistency and would decision in Roe v. Wade decisions end up being more
undermine legal institutions important than others for
historical reasons and for
establishing legal precedent
Provide an Plessy v. Ferguson was a Roe v. Wade Marbury v. Madison
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example precedent that was overturned in

Brown v. Board of Education

Ideology and SCOTUS

Ideological changes in the composition of the Establishment of new precedents: The Warren Court in particular
Supreme Court, due to presidential appointments, established many new legal precedents as it related to individual
have led to the Court’s establishing new or liberties due to an increase in the number of liberal justices on the
rejecting existing precedents. Supreme Court
Rejecting of new precedents: In later years a more conservative
Rehnquist and Roberts Court has started to reign back some of
Describe the consequences of each
those legal precedents established by the Warren Court

Controversial or unpopular Supreme Court Appointments: Appointments have become much more politically
decisions can lead to challenges of the Court’s polarized in the last 50 years. While justices are expected to be
legitimacy and power which Congress and the above the law and apolitical, in recent times decisions have been
president can address only through future much more ideological in nature
appointments, legislation changing the Court’s
Legislation: At the state and Congressional level, lawmakers will
jurisdiction, or refusing to implement decisions.
look to modify or undermine Court decisions by passing
legislation that change the Court’s intent
Describe consequences each. Refusal to implement: Courts do not have any power to
implement their decisions. They rely on the executive branch to
do so which gives the executive branch discretion over how
enthusiastic they can be regarding enforcement and
implementation

Ideology and SCOTUS

Loose Constructionist Strict Constructionist
Define and Explain One favoring a liberal construction of the Interpreting the Constitution based on a
Constitution of the U.S. to give broader literal and narrow definition of the text
powers to the federal government...broad without reference to the differences in
government actions on things like health care conditions when the Constitution was
which is not mentioned in the Constitution written and modern conditions, inventions
would be an example Loose constructionism and societal changes
looks to what someone thinks was the
"intent" of the framers' language and
expands and interprets the language
extensively to meet current standards of
human society today.

Checks and Balances: How other branches can limit the Supreme Court’s power.
Restrictions on Description Example
Supreme Court
Constitutional Changes made to the Constitution The Supreme Court cannot interpret a law in a
Amendments over time manner that would take away freedom of speech
Judicial appointments The ability of the Senate through its Brett Kavanaugh nomination process from October
and confirmations “advice and consent” power to 2018
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approve federal judges

President Presidents can choose how much or Andrew Jackson attributed quote even though he
evading/ignoring little to enforce SCOTUS decisions might not have really said it... “Justice Marshall has
SCOTUS decisions through their directives to the made his decision, now let him enforce it.”
executive branch
Marshall had declared state criminal jurisdiction over
Indian territories void
States evading/ignoring States will go to great lengths at Various state bills regarding abortion...fetal heartbeat
SCOTUS decisions times to prevent SCOTUS protected bill, abortion doctors needing hospital admitting rights
rights from being implemented etc.

Congressional Acts Laws passed by Congress that can At any time Congress can pass a law that changes or
modify Supreme Court decisions limits the Supreme Court’s jurisdiction over cases.
No modern examples as the respect for the
institution of the Supreme Court would make this
seem as an obvious power play by Congress to
nullify the Supreme Court
Big Idea #2: Provisions of the U.S. Constitution’s Bill of Rights are continually being interpreted to balance the power of
government and the civil liberties of individuals.
U.S. Constitution: Civil Liberties and Civil Rights
Civil Liberties Civil Rights
Define, describe and Individual freedoms given to Protections from unequal treatment by government
explain citizens as protection against for possessing certain characteristics such as race,
government interference gender, disability, sexual orientation etc.

U.S. Constitution: Bill of Rights

Bill of Rights List the freedoms contained in each amendment

1st Amendment Freedoms of Speech, Press, Religion (Establishment and Free Exercise Clause), Assembly,
and Petition
2ND Amendment Right to bear arms
3RD Amendment No quartering of troops
4TH Amendment No illegal searches and seizures
5 Amendment
TH
Due Process in federal cases...no double jeopardy, eminent domain, no self-incrimination,
grand jury
6TH Amendment Criminal case rights such as right to a lawyer, speedy and public trial by jury
7TH Amendment Right to a jury in civil cases when exceeding $20 (in 1789)
8TH Amendment No cruel and unusual punishment or excessive bail or fines for crimes
9 TH
Amendment Unenumerated rights guaranteed to the people
10TH Amendment Powers not granted to the federal government reserved to the states

Eighth Amendment and Cruel and Unusual Punishment

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Court Case Year Brief description of the case and outcome Constitutional principles

Gregg v. Georgia 1976 This case reaffirms the ability of the federal -8th Amendment (Cruel and
government’s usage of the death penalty in the Unusual Punishment)
United States.

Big Idea #3: Protections of the Bill of Rights have been selectively incorporated by way of the Fourteenth Amendment’s
due process clause to prevent state infringement of basic liberties.
14th Amendment
Term Definition and Explanation
Selective Incorporation The part by part application of the Bill of Rights to state and local government
through court decisions
Due Process The requirement that citizens accused of crimes are given fair treatment throughout
the entire criminal process from arrest through trial and potentially appeal
Equal Protection Clause in the 14th Amendment that guarantees all citizens are to receive equal
protection under the law. Has been interpreted broadly to include many protections
that aren’t otherwise specifically spelled out in the Constitution.

Due Process and Infringing Upon Individual Rights

Congressional Act Year Brief description of the Act Constitutional principles
Patriot Act 2001 Legislation passed post-9/11 to 1st and 4th Amendment
improve law enforcement’s ability concerns and the right to privacy
to protect against terrorism are concerns that have been
cited with this legislation
USA Freedoms Act 2015 Restricts collection of telephone 1st Amendment
metadata (data used to collect
4th Amendment
other data) on U.S. citizens
Right to privacy

Rights of the Accused

Court Case Year Brief description of the case and outcome Constitutional principles

Miranda v. Arizona 1966 Miranda arrested and questioned without his -5th Amendment (Due
consent and ends up confessing. The Supreme Process)
Court rules his due process rights were violated
-6th Amendment
and that arrested suspects going forward need to
be informed of their rights later to become known -14th Amendment (Due
as “Miranda Rights.” Process)
-Selective incorporation
Gideon v. Wainwright  1963 Gideon arrested for breaking into a Florida pool -6th Amendment (Right to
hall. Not granted a lawyer and could not afford Counsel)
one. Sentenced to five years imprisonment. On
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his appeal, the Supreme Court selectively -14th Amendment (Due

incorporates the 6th Amendment’s right to counsel. Process)
-Selective incorporation

Big Idea #6: The Supreme Court’s interpretation of the U.S. Constitution is influenced by the composition of the Court
and citizen–state interactions. At times, it has restricted minority rights and, at others, protected them.
Restriction and Protection of Civil Rights of Minority Groups
Congressional Acts Causes of Affirmative Outcome of Affirmative Constitutional principles
Action Acts Action Acts
Affirmative Action Acts Inequality in hiring and Increased employment and -Equal Protection Clause of
awarding of federal awarding of federal the 14th Amendment
contracts for minorities and contracts for minorities and
women. women.
Increased admittance to
colleges and universities for
minorities and women.
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Practice Concept Analysis

Kentucky's new Democratic Gov. Andy Beshear signed an executive order Thursday fulfilling his
campaign promise of restoring the voting rights of up to 140,000 convicted felons who have
completed their sentences.
Prior to the new legislation, only the governor could restore a felon's right to vote.
A number of states, including Nevada, Colorado, Washington and Florida, have taken steps over
the last few years to loosen their voting laws when it comes to felons.
Washington, for example, passed a bill in 2019 requiring that the state inform inmates how to
restore their voting rights after their incarceration.
And in Florida, voters approved a measure in 2018 permitting former felons (except for those
convicted of murder or a felony sexual offense) to vote. But the battle for felons' voting rights
continues in the Sunshine State, as state lawmakers continue to add barriers for former felons to get
to the polls.
US News & World Report, December 2019
After reading the scenario, respond to the following.

A. In the context of the scenario, describe an action the Federal government could take to refute
the actions of the Kentucky governor.
B. Referencing the scenario, describe how Congress has addressed the issue in the past.
C. Explain how the difference in the voting rights of felons, as reflected in the scenario,
demonstrates federalism.
 20

Argumentative Essay Template

Thesis/Clam
 Must be defensible
 Must have a line of
reasoning

Evidence #1 Title:
Each piece of evidence must
be related to the prompt
Describe the piece of
evidence

 What is the main idea?

 What is this piece of
evidence about?
How is this piece of evidence
relevant to the thesis?

Explanation/Reasoning: How
does it prove the thesis?

Evidence #2 Title:
Each piece of evidence must
be related to the prompt
Describe the piece of
evidence

 What is the main idea?

 What is this piece of
evidence about?
How is this piece of evidence
relevant to the thesis?

Explanation/Reasoning: How
does it prove the thesis?

Practice Argumentative Essay

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Develop an argument that supports, modifies, or refutes historian Arthur M. Schlesinger, Jr’s claim in
The Imperial Presidency that the US presidency has exceeded its constitutional limits.

In your essay, you must:

● Articulate a defensible claim or thesis that responds to the prompt and establishes a line
of reasoning
● Support your claim with at least TWO pieces of accurate and relevant information:
○ At least ONE piece of evidence must be from one of the following foundational
documents:
■ Federalist 51
■ Federalist 70
■ U.S. Constitution
● Use a second piece of evidence from a court case that you studied or from your study of
the presidency.
● Use reasoning to explain why your evidence supports your claim/thesis
● Respond to an opposing or alternative perspective using refutation, concession, or
rebuttal.