Landmark Legislation

Why This Matters

Landmark legislation represents Congress exercising its constitutional powers to shape American society—and understanding how and why these laws passed is essential for AP US Government. You're being tested on the legislative process, checks and balances, and how laws reflect the ongoing tension between individual rights, federalism, and government power. These acts demonstrate Congress using its enumerated powers (Commerce Clause, taxing and spending) alongside the Necessary and Proper Clause to address national problems that the Founders couldn't have anticipated.

Don't just memorize what each law does—know what constitutional principle it illustrates. Can you explain how the Civil Rights Act of 1964 relied on the Commerce Clause? Or why campaign finance laws keep getting challenged on First Amendment grounds? The exam will ask you to connect specific legislation to broader concepts like congressional oversight, interest group influence, and the balance between liberty and order. Master these connections, and you'll be ready for both multiple-choice and FRQ questions.

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Expanding Civil Rights Through Federal Power

These laws represent Congress using its constitutional authority—particularly the Commerce Clause and Fourteenth Amendment enforcement powers—to protect individual rights against discrimination. The federal government stepped in when states failed to protect their citizens.

Civil Rights Act of 1964

• Prohibited discrimination based on race, color, religion, sex, or national origin in employment and public accommodations—justified under Congress's Commerce Clause power
• Created the EEOC (Equal Employment Opportunity Commission) to enforce anti-discrimination laws, establishing a new federal bureaucracy with regulatory authority
• Ended legal segregation in schools, workplaces, and public facilities—a direct federal response to state-level Jim Crow laws

Voting Rights Act of 1965

• Eliminated barriers to voting for African Americans by banning literacy tests and other discriminatory practices that states had used to disenfranchise voters
• Authorized federal oversight of voter registration in areas with histories of discrimination—a significant expansion of federal power over state election administration
• Section 5 preclearance required certain states to get federal approval before changing voting laws—later gutted by Shelby County v. Holder (2013)

Americans with Disabilities Act of 1990

• Extended civil rights protections to individuals with disabilities in employment, public accommodations, and transportation—modeled on the Civil Rights Act of 1964
• Required reasonable accommodations from employers, using federal power to mandate changes in private business practices
• Promoted accessibility in public spaces, demonstrating how Congress can set national standards through its spending and commerce powers

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Regulating Elections and Campaign Finance

Campaign finance legislation illustrates the ongoing constitutional tension between preventing corruption and protecting free speech. These laws frequently face court challenges, making them prime material for questions about checks on Congress.

Federal Election Campaign Act of 1971

• Established disclosure requirements for campaign contributions and expenditures, creating transparency in federal elections
• Created the FEC (Federal Election Commission) to oversee and enforce campaign finance laws—an independent regulatory agency
• Set contribution limits that were later challenged in Buckley v. Valeo (1976), which upheld limits on contributions but struck down limits on expenditures as violating free speech

Bipartisan Campaign Reform Act of 2002 (McCain-Feingold)

• Banned soft money contributions to national political parties—unregulated donations that had circumvented existing limits
• Required "Stand by Your Ad" disclosures ("I'm [candidate's name] and I approve this message") to increase candidate accountability
• Restricted electioneering communications near elections—provisions later struck down by Citizens United v. FEC (2010), which ruled that corporate political spending is protected speech

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Building the Social Safety Net

New Deal and Great Society legislation expanded the federal government's role in providing for citizens' welfare. These laws represent Congress using its taxing and spending powers to address economic insecurity.

Social Security Act of 1935

• Created social insurance for the elderly, disabled, and unemployed—the foundation of the American welfare state
• Established old-age benefits funded through payroll taxes, creating an entitlement program that remains politically untouchable
• Represented New Deal expansion of federal power during the Great Depression, surviving early Supreme Court challenges to similar programs

Affordable Care Act of 2010

• Expanded health insurance access through marketplaces and Medicaid expansion, representing the largest healthcare reform since Medicare
• Individual mandate required Americans to obtain insurance or pay a penalty—upheld by NFIB v. Sebelius (2012) as a valid exercise of Congress's taxing power
• Demonstrated partisan polarization—passed with zero Republican votes, illustrating how ideological divisions affect congressional behavior and legislative gridlock

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Protecting Workers and Reshaping the Economy

Labor legislation demonstrates Congress regulating the economy through its Commerce Clause powers. These laws shifted the balance of power between employers and employees.

National Labor Relations Act (Wagner Act) of 1935

• Guaranteed collective bargaining rights for workers, fundamentally changing the employer-employee relationship
• Created the NLRB (National Labor Relations Board) to oversee labor relations and adjudicate disputes—another New Deal regulatory agency
• Prohibited unfair labor practices by employers, demonstrating federal intervention in private economic relationships

Immigration and Nationality Act of 1965

• Abolished national origins quotas that had favored European immigrants since the 1920s, reflecting changing civil rights attitudes
• Prioritized family reunification and skilled labor, creating the framework for modern immigration policy
• Dramatically shifted immigration patterns toward Asia, Africa, and Latin America—an example of legislation with major unintended demographic consequences

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Expanding Federal Regulatory Power

Environmental and security legislation demonstrates Congress creating federal agencies with broad regulatory authority. These laws raise questions about the balance between public safety and individual liberty.

Clean Air Act of 1970

• Established federal air quality standards enforced by the EPA (Environmental Protection Agency), setting nationwide environmental regulations
• Required emissions reductions from industrial sources and vehicles, demonstrating federal power over private industry
• Created a model for environmental regulation that subsequent laws (Clean Water Act, Endangered Species Act) would follow

USA PATRIOT Act of 2001

• Expanded surveillance powers for federal agencies investigating terrorism, passed rapidly after 9/11 with overwhelming bipartisan support
• Allowed monitoring of communications and financial transactions with reduced judicial oversight—raising civil liberties concerns
• Illustrates the liberty vs. security tradeoff—a key concept for understanding how national crises can shift the balance of government power

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Quick Reference Table

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Self-Check Questions

1. Which two landmark laws relied primarily on Congress's Commerce Clause power to regulate private discrimination, and how did they differ in their targets?

2. Compare the Federal Election Campaign Act (1971) and the Bipartisan Campaign Reform Act (2002). What problem did BCRA attempt to solve that FECA had failed to address, and how did Citizens United v. FEC affect BCRA's provisions?

3. If an FRQ asks you to explain how the Supreme Court can check congressional power, which landmark legislation would you use as examples of laws that were partially struck down or modified by Court decisions?

4. The Social Security Act and the Affordable Care Act both expanded the federal social safety net. What key difference in their passage illustrates the concept of partisan polarization in congressional behavior?

5. Identify two pieces of legislation that created new federal regulatory agencies. For each, explain what constitutional power Congress used and what policy area the agency oversees.