AP Gov Midterm Study Guide

AP US Government
Midterm Study Guide

Mrs. Carpenter
2025-2026

Supreme Court Cases

Marbury v. Madison (1803)
William Marbury was awaiting his commission to be a justice of the peace, approved by outgoing president John Adams. Incoming president Thomas Jefferson directed his Secretary of State, James Madison, not to deliver the commission. So, Marbury appealed to the Supreme Court to request that they order Madison to deliver the commission, as outlined in the Judiciary Act of 1801. The Supreme Court found that, although Marbury should be entitled to his commission, the Court can't make Madison deliver it b/c that provision of the Judiciary Act granted power to the Courts beyond that given in the Constitution. This created the power of judicial review, by which the Supreme Court can strike down laws as unconstitutional. The idea of judicial review was present in Federalist Papers but not actually outlined in the Constitution.

Supreme Court Cases

McCulloch v. Maryland (1819)
The federal government created a national bank and constructed a branch in Maryland. The state of Maryland tried to tax the bank as a business operating within the state, but the head of the bank - McCulloch - refused to pay the tax. The Court considered two things: 1) could the federal government even make a bank, since that isn't listed explicitly in the Constitution, and 2) could Maryland tax it? They decided that yes, the federal government could make a bank per the necessary & proper clause (implied powers, "elastic clause"), since it made sense they'd do so given the other powers enumerated in Article I Section VIII dealing with money, and that the states could not tax it per the supremacy clause in Article VI of the Constitution.

Supreme Court Cases

US v. Lopez (1995)
Alfonso Lopez was charged with violating the federal Gun Free School Zones Act since he possessed a gun on school property. He appealed to the Supreme Court questioning if the law was even constitutional. The Gun Free School Zones Act held that it was justified by Congress's authority of the commerce clause, claiming that possession of a gun on school grounds would have a ripple effect on interstate commerce. The Supreme Court ruled that the law was unconstitutional because it overextended the parameters of the commerce clause. States can still regulate guns in school zones, but not the federal government on the basis of the commerce clause. This was important because it was the first time in a long time that the courts had curbed Congress's habit of justifying laws with the Commerce Clause that seemed to not really be about interstate commerce.

Supreme Court Cases

Baker v. Carr (1961) - A group of citizens in Tennessee (Baker & others) alleged that their votes were undervalued because the state had not reapportioned its legislative districts in years. Every few years, states are supposed to redraw their legislative districts (redistricting) to ensure that each one contains roughly the same population so that people's votes have the same effective weight throughout the state. In multimember districts, they may need to also redistribute how many legislators each district gets (reapportionment). Example: federally, this occurs every 10 years after the Census results show which states had significant enough population changes to justify getting more/less seats in the House, and even if the number of reps stays the same, they will need to adjust the lines of the districts to ensure that they still contain roughly equivalent populations.
Baker took this to the federal courts, who questioned if this was even a case they could hear b/c of federalism and separation of powers. The court decided that redistricting and reapportionment were justiciable issues that could be challenged in federal court. This paved the way for future cases about voter representation.

Shaw v. Reno (1993) - When North Carolina redistricted, the new map appeared to contain a district drawn specifically considering residents' race. Basically, the state tried to make a district around where Black people lived. The federal government (Janet Reno, Attorney General in Clinton administration) argued that this violated the 14th amendment's Equal Protection Clause, and the Supreme Court agreed. Racial gerrymandering is unconstitutional. Other forms of gerrymandering - such as with consideration to political party - remain legal.

Multiple Choice

Established judicial review

• Marbury v. Madison

• McCulloch v. Maryland

• US v. Lopez

• Baker v. Carr

Multiple Choice

Affirmed the implied powers doctrine of the necessary & proper clause

• Marbury v. Madison

• McCulloch v. Maryland

• Shaw v. Reno

• Baker v. Carr

Multiple Choice

Found reapportionment questions to be justiciable issues, opening the door to more court cases about legislative representation

• US v. Lopez

• McCulloch v. Maryland

• Shaw v. Reno

• Baker v. Carr

Multiple Choice

Declared race-based gerrymandering to be unconstitutional

• US v. Lopez

• Marbury v. Madison

• Shaw v. Reno

• Baker v. Carr

Multiple Choice

Struck down the Gun Free School Zones Act as unconstitutional b/c it wasn't an acceptable use of the Commerce Clause

• US v. Lopez

• McCulloch v. Maryland

• Shaw v. Reno

• Baker v. Carr

Primary Documents

During the constitutional convention, some people supported the new Constitution and wrote papers encouring states to ratify it (Federalist Papers) while others were skeptical and concerned about the new government (Anti-Federalists, published under pen names such as Brutus and Cato).

One concern was about the size of the country and the "mischiefs of faction." Factions are groups of people who share some interest that opposes other groups' interests or rights.

Federalist No. 10 - Madison argues that the US having a large population with a representative government will protect minority rights against factions. Our rights are doubly protected by federalism too, as both states and the federal government will be there to protect our rights against the aversions of bad groups.

Federalist No. 51 - Madison explains separation of powers and checks and balances

Brutus No. 1 - Anti-Federalists were concerned that the country would be too big to be united, that the federal gov would be too powerful, and that you can't or shouldn't really give up your voice to a representative.

Primary Documents

Other Federalist Papers addressed concerns about specific branches of government.

Federalist 70 - Hamilton explains the benefits of having a single (unitary) executive who has sufficient power. Anti-Federalists were worried that the proposed president would basically act as a king, so they proposed having multiple presidents (a dual executive) or making the president bound by a council. Hamilton says that the president needs to be able to act swiftly and also just be one person so the people can hold him accountable.

Federalist 78 - Hamilton eases Anti-Federalists' concerns about two aspects of the judicial branch: 1) life tenure of judges and justices, and 2) power. He explains that judges need to serve for life so that they have no allegiance to the other branches or even to public opinion, rather, they can make decisions purely based on their sense of justice and interpretation of the Constitution - not just what they think someone else wants to hear. Anti-Feds were also worried that the courts would have too much power relative to the other branches since they could strike down laws and actions as unconstitutional, but H says that this is an important and essential power of the courts since a policy that violates the Constitution should simply not stand, and we can't trust the legislative and executive branches to always follow that rule on their own so they must be checked by the courts.

Multiple Choice

The US is too large and diverse to be united under a strong federal government.

• Federalist 10

• Brutus 1

• Federalist 70

• Federalist 78

Multiple Choice

The large size and diversity of the US is an asset and will protect against a mischievous faction entering government and suppressing minority rights.

• Federalist 10

• Brutus 1

• Federalist 70

• Federalist 78

Multiple Choice

The Constitution will give too much power to the federal government

• Federalist 10

• Brutus 1

• Federalist 70

• Federalist 78

Multiple Choice

The Constitution will protect minority rights by limiting governmental powers with separation of powers and checks and balances.

• Federalist 10

• Federalist 51

• Federalist 70

• Federalist 78

Multiple Choice

There should be only one president (not two, not an authoritative council), so he can act swiftly in emergencies & the people can hold him accountable

• Federalist 10

• Federalist 51

• Federalist 70

• Federalist 78

Multiple Choice

Federal judges should serve for life so that they are not influenced by the interests of Congress, the President, or public opinion.

• Federalist 10

• Brutus 1

• Federalist 70

• Federalist 78

Multiple Choice

Courts need to be able to check the legislative and executive branches by declaring laws and actions unconstitutional.

• Federalist 10

• Brutus 1

• Federalist 70

• Federalist 78

Multiple Choice

One author of ANTI-Federalist Papers

• James Madison

• John Jay

• Alexander Hamilton

• Brutus

Principles of American Government

• Popular Sovereignty - the ultimate power of government rests with the people (vs. say, divine right of kings)

• Limited Government - the government can perform certain functions but cannot do whatever it wants; the Constitution enumerates powers of federal government that it cannot go beyond & outright forbids certain actions (ex: bills of attainder, ex post facto laws, titles of nobility)

• Natural Rights - people are born with certain inalienable rights just b/c they are people & the government cannot infringe upon them ("life, liberty, pursuit of happiness")

• Republicanism - government is based on the consent of the governed; officials should work towards the public's interests

• Social Contract - people give up some of their total innate freedom for the benefits of living in a civil society; if the government violates our natural rights, however, the people can rebel

Models of Democracy

Democracies are similar to republics in that the government's power rests with the people, but differ in their focus on how people vote. In direct democracies, people vote for each policy, whereas in representative democracies, we choose officials to serve in government and make policies on our behalf. The US federal government is a representative democracy. People differ about who/what really influences political decisions in this framework, though:

• Participatory - supports lots of people being involved in politics by voting, running for office, attending meetings, etc.

• Pluralist - emphasizes the roles of organized groups (interest groups, political parties, trade unions) in expressing interests and making governmental decisions

• Elite - sees that some people do/should have more influence in government decisions than others (political elites, economic elites, social elites, etc.)

Models of Representation

Once an official is elected, how should they act? What interests should they consider when creating and voting on policy? There are three models:

• Trustee - officials should act based on their wisdom and conscience, as the public chose them b/c they trust their judgement

• Delegate - officials should vote based on how their constituents feel about the issue, as the public chose them to represent them

• Politico - officials act as a trustee a lot of the time, especially when the public isn't very interested in an issue, and acts as a delegate when the topic of legislation is more salient and important to their constituents

Multiple Choice

People are born with certain rights that the government cannot infringe upon, such as the right to life, liberty, and the pursuit of happiness

• Natural Rights

• Limited Government

• Popular Soveriegnty

• Republicanism

Multiple Choice

The government cannot do whatever it wants

• Natural Rights

• Limited Government

• Popular Soveriegnty

• Republicanism

Multiple Choice

The government is based on the consent of the governed

• Natural Rights

• Limited Government

• Popular Soveriegnty

• Republicanism

Multiple Choice

Type of democracy where people choose officials to advocate for them when making governmental decisions

• Republic

• Direct Democracy

• Representative Democracy

• Politico

Multiple Choice

Citizens must be very actively involved in government and politics

• Participatory Democracy

• Pluralist Democracy

• Elite Democracy

Multiple Choice

People are most effective in government when they organize into groups; there are so many groups that balance out each other's influence

• Participatory Democracy

• Pluralist Democracy

• Elite Democracy

Multiple Choice

Government decisions should be (or are) more influenced by people with more power, status, or knowledge.

• Participatory Democracy

• Pluralist Democracy

• Elite Democracy

Multiple Choice

Senator X should vote in favor of the bill because her constituents want her to.

• Trustee

• Delegate

• Politico

Multiple Choice

Senator X should vote against a bill she disagrees with because it would harm some Americans, even though some of her most vocal constituents support it.

• Trustee

• Delegate

• Politico

Articles of Confederation --> Constitution

The current government of the United States is outlined in the Constitution, but the first governing document of the new nation was the Articles of Confederation.
A confederation is a type of government where states have more power than the central (national) government. People thought the new nation should be a league of friendship among the states. But, they quickly realized that a stronger national government was necessary. The failures of the Articles of Confederation include: no judicial branch, no president, too much unanimity required for passing laws, too weak to suppress domestic insurrection (as seen in Shays' Rebellion), no ability to tax (and therefore no money to actually do anything!), and unequal representation (all states had 1 vote in the legislature despite different populations).
Delegates from each state met with intentions to amend the Articles of Confederation, but they ended up scrapping the document and writing a brand new Constitution.

Categorize

Options (14)

nominate federal judges

grant pardons

loosely enforce SCOTUS decisions

veto legislation

agenda-setting

call special sessions of Congress

override veto

reject/confirm nominees & treaties

power of the purse

confirm/reject judicial nominees

propose constitutional amendments

impeach judges & justices

change number & jurisdiction of lower courts

impeach president & exec branch officials

Categorize these checks & balances

Executive Checks on the Judiciary

Executive Checks on the Legislature

Legislative Checks on the Executive

Legislative Checks on the Judiciary

Multiple Choice

What power is the Supreme Court exercising when they declare a law to be unconstitutional?

• Judicial Review

• Judicial Activism

• Judicial Restraint

• Stare Decisis

Multiple Choice

Litigation is...

• a proposed law

• a type of bureaucratic adjudication

• a formal complaint

• a lawsuit in court

Multiple Choice

Shays' Rebellion exposed which of the following failures of the Articles of Confederation?

• lack of a national judiciary

• lack of a national executive branch

• insufficient power to suppress domestic insurrections

• unequal representation of states in Congress

Multiple Choice

Which of these is NOT considered one of the failures of the Articles of Confederation that the delegates sought to address in the second constitutional convention?

• lack of a national judiciary

• lack of a national executive branch

• insufficient power to suppress domestic insurrections

• too much power to collect taxes from states

The Constitution: An Overview

• There are 7 sections, called Articles, including:

  • Article I - legislative branch

  • Article II - executive branch

  • Article III - judicial branch

  • Article V - amendment process - proposal by either 2/3 of Congress or 2/3 of states ---> ratification by 3/4 of states

  • Article VI - includes supremacy clause

  • Article VII - 9 states required for ratification

• The Constitution has 27 amendments. The first 10 are known collectively as the Bill of Rights.

• The Constitution was signed in Sept. 1787 then sent to states for ratification. The 9th state required for ratification was New Hampshire, who signed in June 1788.

The Constitution: Compromises

Federalists and Anti-Federalists made several compromises to draft a Constitution they could agree to pass, including:

• 3/5 Clause - Enslaved people would count as 3/5 of a person each toward the population total each state would use to consider their representation in the House of Representatives

• Bicameral Congress - Congress would have two chambers, a House based on the population of the state and a Senate in which each state has 2 members. Smaller states favored the approach that produced the Senate ("The New Jersey Plan") whereas more populous, large states preferred the population-dependent structure that we see in the House ("The Virginia Plan").

• Electoral College - The framers of the Constitution feared that the public would be too easily swayed by a bad, charismatic politician, so they wanted a buffer between the people and the office of the presidency. The outcome was the Electoral College, which is informed but not bound by the results of the popular vote in each state.

• Bill of Rights - Feds promised the Anti-Feds this would be priority #1 after ratification --> approved in 1791

The Constitution: Important Clauses

Whenever Congress makes a law, they have to cite which part of the Constitution grants them the authority to make such a law. Presidents also must reference the Constitution or a law passed by Congress when they make orders. Often, they use:

Necessary & Proper / Elastic Clause - the last line of Article I Section VIII (which enumerates Congress's powers) says that Congress can make any law deemed necessary and proper to pursuing the before-mentioned powers. For example, they have several powers related to collecting and spending money, so can they make a bank? Yes! (McCulloch v. Maryland)

Taxation & Spending Clause - this line of Article I Section VIII gives Congress authority to collect and spend tax dollars. This has supported a lot of legislation that doesn't seem on its face to be tax-related though, such as the Affordable Care Act (Obamacare -- the original rule was if you didn't have health insurance, you had to pay a tax penalty!)

Commerce Clause - also part of Article I Section VIII, this clause gives Congress power to regulate anything deemed interstate or international commerce, which is most types of trade today

Supremacy Clause - found in Article VI, this affirms that the Constitution is #1, and if any law conflicts with the Constitution, the law is invalid. And, if state and federal laws conflict, the latter stands.

Match

Match the following

• Article I

• Article II

• Article III

• Article V

• Article VI

Legislative branch

Executive branch

Judicial branch

Amendment Process

Contains supremacy clause

• Legislative branch

• Executive branch

• Judicial branch

• Amendment Process

• Contains supremacy clause

Multiple Choice

How many amendments are there?

• 10

• 12

• 27

• 35

Multiple Choice

What did the 3/5 Clause do?

• Increased the number of House Reps southern states would receive since they could partially count enslaved populations

• Enabled someone to win the popular vote but still not become the president

• Changed the way that Senate seats would be apportioned to the states

• Required a supermajority vote for certain kinds of legislation in Congress

Multiple Choice

When was the Constitution ratified?

• 1776

• 1787

• 1788

• 1791

Categorize

Options (15)

Serve 2-year terms

25+ years old

7+ years citizen

Serve 6-year terms

30+ years old

9+ years citizen

Each state gets at least 1

Each state gets 2

# based on state population

35+ years old

Can serve two 4-year terms

Natural born citizen

Chosen by electoral college

No specific qualifications listed in Constitution

Serve for life "in good behavior"

Organize these options into the right categories

House of Representatives

Senate

President

Supreme Court Justices

Multiple Choice

What part of the Constitution is nicknamed the "Elastic Clause?"

• Necessary & Proper Clause

• Taxation & Spending Clause

• Commerce Clause

• Supremacy Clause

Multiple Choice

What part of the Constitution has been used to justify A LOT of legislation, sometimes unconstitutionally (ex: the Gun Free School Zones Act)?

• Necessary & Proper Clause

• Taxation & Spending Clause

• Commerce Clause

• Incorporation Doctrine

Multiple Choice

What do we call the part of the Constitution that gives Congress the power to levy taxes?

• Necessary & Proper Clause

• Taxation & Spending Clause

• Commerce Clause

• Incorporation Doctrine

Federalism

• The Constitution creates a federal system of government, in which power held by the states and federal government are roughly equal (vs. a confederation where states > national, or unitary where national > states).

• The US has a limited government, meaning the Constitution lists specifically what powers they have and we, the people, are empowered to challenge them if they surpass those roles.

  • Enumerated Powers - listed for the federal gov. in the Constitution

  • Reserved Powers - if it's not enumerated, it's "reserved" to the states, per the 10th Amendment

  • Concurrent Powers - done by both federal & state governments, such as tax collection

Federalism: Grants

• One way the federal government can increase its power over states is through grants. The federal government can create a program that states can opt in or out of, but they'll want to opt in to get money. With that money comes some "strings", aka federal authority.

• Categorical Grants - have strict requirements

• Block Grants - have fewer restrictions, broader policy areas; preferred by states b/c they have more freedom to spend $$ how they want to

Multiple Choice

Federalism is a system of government in which

• national government has way more power than states

• states have way more power than the national gov

• the national and state governments have balanced powers

Multiple Choice

Which powers are written explicitly in the Constitution for the national government?

• Enumerated

• Reserved

• Concurrent

• Implied

Multiple Choice

Which of these is a concurrent power?

• Declaring war

• Making marriage & family laws

• Raising an army

• Collecting taxes

Multiple Choice

The term "reserved powers" comes from

• Supremacy Clause

• Necessary & Proper Clause

• Article VII

• 10th Amendment

Multiple Choice

Which kind of grant is preferred by states because it has fewer "strings attached" to the $$?

• Block

• Categorical

Differences - House vs. Senate

• Either chamber can begin a bill on any topic with one exception: revenue bills (taxes) must originate in the House; the Senate can only recommend changes

• The House has strict rules for how a bill navigates through the chamber, and members have a limited amount of time to ask questions in the debate. In the Senate, it's less formal, and debate is unlimited; the ability to talk endlessly to "kill a bill" is a filibuster, and it takes 60 votes to end it with cloture

• The House draws articles of impeachment (what the charges are, like a prosecutor) and the Senate is the jury at the impeachment trial. A 2/3 vote is required to convict.

• The president can nominate Cabinet officials, ambassadors, federal judges, Supreme Court justices, and some other positions; these must be confirmed by a simple majority in the Senate.

• Treaties are negotiated by the president/exec branch but require a 2/3 vote in the Senate.

Similarities - House & Senate

• Bills are very long and sometimes congressmen sneak in $$ for their districts called pork

• Bills might not really affect a congressman's district, so they'll just trade votes (you vote for my bill, I'll vote for your bill) in a process known as logrolling

• Most work is done within committees; there are four types:

  • Standing - permanent, subject-based (House Rules Committee)

  • Select/Special - created for a particular reason & will end eventually (House Select Committee on the January 6 Attack)

  • Joint - permanent, contain members of both chambers (Library of Congress)

  • Conference - temporary, resolve different versions of bills passed in each chamber to send 1 clean version to president for signature

The President - Fast Facts

• The president can get media attention any time he wants; this power is nicknamed the bully pulpit and is part of his agenda-setting power

• Presidents have formal powers listed in the Constitution (veto, Commander-in-Chief, receiving ambassadors, State of the Union Address) as well as informal powers (executive orders; executive agreements; agenda-setting)

  • Presidents have used their informal powers increasingly through American history, esp. executive orders (direct the bureaucracy) & executive agreements (like a treaty w/another nation but not confirmed by the Senate)

• Presidents nominate many officials in the government, and a lot of them have to be approved by the Senate: judges, justices, ambassadors, Cabinet secretaries... but not all, not ably the Executive Office of the President which includes his Chief of Staff.

The Bureaucracy

• Bureaucratic agencies are part of the exeuctive branch

• They are created by Congress through legislation

• They receive funding from Congress through the appropriations process

• They can make rules called regulations within the bounds designated by Congress in the law = delegated discretionary authority

The Federal Judiciary

• Article III defines the federal courts. It is much shorter than the articles that explain the legislative and executive branches:

  • doesn't:

    • list specific requirements for judges

    • give details about the Supreme Court

  • does:

    • say there will be a Supreme Court

    • say judges will serve for life in "good behavior"

    • give Congress authority to create lower courts & their jurisdiction

    • specify original vs. appellate jurisdiction of the Supreme Court; a person can appeal to SCOTUS through either federal trial courts or state trial courts pathways

The Federal Judiciary

• Precedent / Stare Decisis - the Supreme Court's decisions are binding on similar cases in lower courts

  • Example: Brown v. Board = racially segregated schools are unconstitutional --> future cases alleging racial discrimination must continue to forbid segregation

  • Can only be undone by a new Supreme Court decision OR a constitutional amendment

    • Example: Dobbs v. Jackson Women's Health Org. (2022) overturned Roe v. Wade (1973)

    • Example: people have proposed a "flag burning amendment" to invalidate Texas v. Johnson in which SCOTUS said that burning the American flag as a political protest was protected by 1A Free Speech

Categorize

Options (13)

Limited debate, strict rules

Unlimited debate (filibuster)

Revenue bills originate here

Organized in committees

Legislation may feature "pork"

Members may engage in "logrolling"

Draw articles of impeachment

Jury in impeachment trials

Confirm/reject president's nominees to courts

Confirm/reject president's nominees to Cabinet

Confirm/reject president's nominees for ambassadors

Confirm/reject treaties

435 members

Organize these options into the right categories

House of Representatives

Senate

Both

Match

Match the following

• Executive Order

• Executive Agreement

• Bully Pulpit

• Agenda-Setting

• Executive Office of the President (EOP)

president's directive to the bureaucracy

like a treaty, but w/o Senate approval

prez ability to get media attention

power to set the "to do list" of gov

advisors NOT requiring Senate approval

• president's directive to the bureaucracy

• like a treaty, but w/o Senate approval

• prez ability to get media attention

• power to set the "to do list" of gov

• advisors NOT requiring Senate approval

Multiple Choice

Which of these is an INFORMAL power of the president?

• Veto legislation

• Grant pardons

• Making executive agreements w/foreign nations

• Act as Commander-in-Chief of the military

Multiple Choice

Congress writes laws that create agencies, and in those laws they designate what kinds of rules the agency can make. This is called

• Appropriations Process

• Bureaucratic Adjudication

• Delegated Discretionary Authority

• Cloture

Multiple Choice

Which of these terms refers to abiding by Supreme Court precedents?

• Habeas Corpus

• Certiorari

• Stare Decisis

• Quid Pro Quo

Multiple Choice

If your trial begins in state-level courts, you can never cross over into the federal courts and appeal up to the Supreme Court.

• True

• False

Multiple Choice

The Supreme Court currently has 9 members and they serve for life. What could Congress change about this?

• Increase the number of justices

• Institute term limits

• Impose mandatory retirement at age 80

• Choose new justices to replace the current ones

Exam Format

• 50 multiple choice = 50% of grade

  • Pear Assessment / Edulastic

• 2 short answer = 50% of grade

  • On paper

  • 4 prompt options - choose 2 (from A&B and C&D)

  • Concept Application - given a scenario, questions require you make connections between the scenario & concepts learned in class

  • Supreme Court Case Comparison - given a new case, make comparisons to a required case

  • Pay attention to verbs:

    • Identify - just say it, 1 sentence

    • Describe - add some details, 1-2 sentences

    • Explain - thick description, cause/effect, 3+ sentences