Everything

Amendment 1

Free exercise of religion

Free speech

Freedom to assembly

Right to petition

Freedom of the Press

Amendment 2

Right to bear arms; well-regulated militia

Amendment 3

Forbids soldiers from quartering in the private home of any citizen without consent in times of peace

In wartime it must be prescribed by law

Amendment 4

Prevents people from unreasonable searches/seizures by the government

* Probable cause required for search warrant

Amendment 5

1. Grand Jury
2. Self-incrimination
3. Double Jeapordy
4. Fair Trial (Due Process)
5. Eminent Domain

Amendment 6

1. Speedy, public trial
2. Impartial Jury
3. Provide an attorney
4. Informed of charges 
5. Confront witnesses

Amendment 7

Entitled to jury in civil cases

Amendment 8

The government cannot impose excessive bail, excessive fines, of inflict cruel/unusual punishments

Amendment 9

The 10 amendments cannot be used against you - they are used to help protect you against the government

Amendment 10

The powers of the Federal Government are limited to those delegated in the Constitution; if a power isn’t listed, it belongs to the states/people

Amendment 12

electoral college votes for the president and vice president

Amendment 13

Abolished slavery in the United States and its territories, except as punishment for a crime for which the party has been convicted of

* exception clause “loophole”

Amendment 14

Granted citizenship to all people born or naturalized in the U.S.  Also guaranteed “equal protection of laws” to all citizens

* equal protection clause

Amendment 15

prohibits states from discriminating against prospective voters on the basis of race

Amendment 16

gives Congress the power to lay and collect taxes on all income earners in the US

Amendment 17

granted direct election of senators

before the amendment, senators were chosen by state legislatures

Amendment 18

prohibited the manufacture, sale, and transportation of intoxicating liquour

Amendment 19

granted women the right to vote

Amendment 20

moved the beginning and ending of Presidential and V.P. terms to January 20 and Congressional terms to Jan 3

Amendment 21

repealed the 18th amendment

Amendment 22

No president can serve more than two full terms in office

Amendment 23

allowed residents of the District of Colombia to vote for the President and Vice President

Amendment 24

prohibits state and federal governments from charging a poll tax

Amendment 25

Vice President shall become the President for the remainder of the term if president is removed from office

* 2/3 majority vote by the House to impeach

Amendment 26

lowered voting age from 21 to 18

Amendment 27

\n forbids any changes to the salary of Congress members from taking effect until the next election concludes

Ex post facto

A law can’t be retroactive

people cannot be convicted for crimes that weren’t considered crimes when they were committed

Habeas Corpus

A person detained by the government should know the charges against them

Equal Protection Clause

__The Government may not deny people equal protection of its governing laws__

Supremacy Clause (Judicial Branch)

The Constitution and all national laws and treaties are the supreme law of the land.

\n

Judicial Review was established in Marbury v. Madison - Supreme Court interprets laws and can declare them unconstitutional

Necessary & Proper Clause (Legislative Branch)

Article 1, Section 8

Grants to the Legislative Branch all powers necessary to carry out its enumerated powers

Due Process Clause

5th & 14th Amendments

Prohibits the government from taking any action that would deprive a person of life, liberty, or property without due process of law

\
__Everyone is due a fair judicial process__

Full Faith and Credit Clause

Article IV

requires each state to give Full Faith and Credit to the public Acts of every other State, such as other states’ statutes

* states have to recognize the court rulings of other states

Title IX

Education Amendments of 1972

\
 Protects people from discrimination based on sex, sexual orientation, and gender identity in any school and educational activities and programs that are federally funded. 

\

Voting Rights Act of 1965

Outlawed racially discriminatory voting practices adopted by many southern states after the Civil War

Civil Rights Act of 1964

Prohibited discrimination on the basis of race, color, religion, sex, or nationality

Tillman Act of 1907

prohibited corporations from making direct campaign contributions to candidates for federal office

Federal Election Campaign Act of 1971

PACs could donate directly to candidates campaign with monetary limits

no limits were placed on donations that were made separate from candidates campaign (soft money loophole)

Bipartisan Campaign Reform Act (BCRA)

closed the soft money loophole by prohibiting issue ads that mentioned a candidates name that were paid for by corporations

McCullock v Maryland

Maryland state bank taxed federal bank in Maryland

* Can the states tax the government?
* Can the federal government create a national bank?

decision: McCullock

rationale: states can’t tax government property oropperations; federal bank constitutional under Necessary and Proper Clause

US v Lopez

Texas high school student brought a gun to school and violated Gun Free School Zone Act of 1990

Lopez said act was unconstitutional under the commerce clause

* Does the government have the authority to enforce the gun free school zone act under the commerce clause?
* Does Lopez bringing a gun to school affect the economy?

decision: Lopez

rationale: Act was unconstitutional, congress overreach

Roe v Wade

Jane Roe filed a lawsuit against Texas law making abortion illegal - alleged state laws were unconstitutionally vague and abridged her right to personal privacy, protected by the 1,4,5,9,14 Amendments

* Can the government restrict abortions?

decision: Roe

rationale: Under 4th amendment women have the right to an abortion; due process clause says abortion falls under a right to privacy

made abortion legal, but made it a state-by-state decision

Marbury v Madison

Jefferson defeated Adams in 1800, Adams passed a number of laws in his final month to ensure federalists would retain some power

\
decision: Marbury

rationale: Supreme Court can check the president; judicial review to determine constitutionality of laws

Baker v Carr

Tennessee resident filed lawsuit against Secretary of State Joe Carr for lack of Tennessee reapportionment

* Does Tennesee’s lack of reapportionment for legislative districts violate rights under Equal Protection Clause? 
* Does the Supreme Court have jurisdiction over questions of legislative apportionment?

decision: Baker

rationale: Supreme Court has authority to hear malapportionment cases under 14th amendment; remanded case to state; lack of redistricting was unconstitutional

Shaw v Reno

U.S. Attorney General rejected North Carolina’s plan for congressional reapportionment because it created only one black-majority district when census data suggested there should be two black-majority districts.  NC created second plan for two black-majority districts by gerrymandering

* Did Shaw’s claim that the state created a racially gerrymandered district raise a valid constitutional issue under the 14th Amendment’s Equal Protection Clause?

decision: Shaw

rationale: Supreme Court ruled gerrymandered districts violated Equal Protection Clause; remanded to state court

Schenck v US

Schenck handed out flyers during WWI urging people to petition the draft - said it violated the 13th amendment. Government charged him with violating the Espionage Act- he responded that Espionage Act violated 1st amendment right o freedom of speech

* Does the Espionage Act violate the 1st Amendment?

decision: US government

rationale: Espionage Act does not violate 1st Amendment. Led to “Clear and Present Danger Test” - allows free speech to be limited if it presents a danger to common good

Engel v Vitale

New York public school required teachers to lead the Pledge of Allegiance and an optional prayer every day.  A parent sued on behalf of their child, claiming that the rule violated the Establishment Clause of the 1st Amendment

* Does leading an optional prayer in public school violate the Establishment Clause of the 1st amendment?

decision: Engel

rationale: leading a prayer in school, even if it’s optional, violates the Establishment Clause

Wisconsin v Yoder

Wisconsin law required students to stay in school until they reached 16 years old.  Several Amish families wanted to pull their kids out after eighth grade (14 years old) bc it aligns with their religion. Wisconsin sued

* Does Wisconsin’s attendance law violate the Free Exercise Clause of the first amendment?

decision: Yoder

rationale: law was unconstitutional, violated 1st amendment

NYTimes v U.S.

Times began publishing “Pentagon Papers” about US involvement in Vietnam WAR. Nixon Administration issued restraining order to prevent publication bc of national security concerns. NYTimes issued emergency hearing

* Did Nixon Administration’s restraining order violate the Freedom of Press provision of the 1st amendment?

decision: NYTimes

rationale: based on previous decisions, the government can’t prevent media from being published ahead of time

Gideon v Wainwright

Gideon charged with breaking and entering. At trial, judge denied request for counsel - said Florida law only permits appointment of counsel to those charged with capital offenses. At trial, Gideon represented himself but was sentenced to 5 years imprisonment. Filed petition. 

* Does the right to counsel guaranteed under the 6th amendment apply to defendants in state court?

decision: Gideon

rationale: Overrruled Betts v Brady) - 6th amendment guarantees counsel as its essential to a fair trial. Any person too poor cannot be assured a fair trial without an attorney. 

Tinker v Des Moines

Students at public school in Des Moines planned to wear black armbands in peaceful symbolic protest of Vietnam War - principal threatened to suspend for disruption of learning environment. Students suspended - parents sued

* Does suspension/punishment for wearing an armband as a silent symbolic protest violate students’ right to freedom of speech under the 1st amendment?

decision: Tinker

rationale: school can’t prohibit peaceful protests - unconstitutional under 1st amendment - protects political speech

Bethel School District v Fraser

Fraser suspended for delivering assembly speech w/ sexual references.  Sued school; federal district court and federal appeals court ruled in favor of Fraser. School appealed to SC. 

* Does 1st amendment prevent a school district from punishing a student for giving a lewd/vulgar speech at an assembly?

decision: Bethel

rationale: distinction between political speech and sexual speech; schools can prohibit student speech that is vulgar/lewd bc it is reasonable to say it could be disruptive

Brown v Board of Education

In Plessy v Ferguson SC ruled that racially segregated schools were constitutional as long as facilities were equal.  In 1951, Brown filed lawsuit against Topeka Board of Eduation for denying daughter entrance to “white” elementary school

* Does the segregation of public education based solely on race violate the Equal Protection Clause of the Fourteenth Amendment?

decision: Brown

rationale: Overruled Plessy v Ferguson - separate facilities are inherently unequal -“separate but equal” clause violates 14th amendment Equal Protection Clause

McDonald v. Chicago

In Illinois the use of handguns was banned.  Many individuals sued the state of Illinois, however, the state claimed that the 2nd Amendment does not apply to the states, only the federal government

* Does the Second Amendment apply to the states because it is incorporated by the Fourteenth Amendment's Privileges and Immunities or Due Process clauses and thereby made applicable to the states?

decision: McDonald

rationale: 2nd Amendment is applicable to states under **Selective Incorporation**, which makes the 14th Amendment’s due process clause applicable to all the states

Obergefell v Hodges

Obergefell’s husband died and the state of Ohio refused to recognize the marriage on death certificate.  Obergefell filed lawsuit saying that denying the recognition of same-sex marriage performed lawfully in another state on a death certificate was unconstiutional - that it violated Due Process and Equal Protection rights

* Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex that was legally licensed and performed in another state?

decision: Obergefell

rationale: refusing to recognize lawful same-sex marriage performed in another state violates due process and equal protection clause; Overturned DOMA; made same-sex marriage recognized nationally

Citizens United v FEC

Conservative nonprofit tried to make a negative documentary about Hillary Clinton. Citizens United sought injunction against FEC to prevent application of BCRA to film

* Does the BCRA violate the First Amendment - free speech?

decision: Citizens United

rationale: BCRA violated first amendment.  Corporate funding of independent political broadcasts in elections cannot be limited under 1st amendment. Political speech is indispensable to democracy

Declaration of Independence

Jefferson

**A statement of philosophy, NOT a governing document**

**Four Sections:** The Preamble/Statement of Human Rights; Charges against Human Rights/Charges against the King and Parliament; Statement of Separation; Signatures

Articles of Confederation

Ben Franklin

A union of supreme sovereign states, a “league of friendship” (U.S. was basically 13 independent governments, one for each of the 13 colonies)

* Equal representation for all states, with 1 vote in the unicameral Congress
* **A weak national government:** no military funding, no taxation power, no ability to regulate interstate commerce, no judicial branch

Fed 10

Madison

Only a large republic can represent the minorities in a nation while also keeping the majority in check.  It is the only way to ensure the inalienable rights are protected

* anti pure-democracy

Brutus 1

Yates

A de-centralized republic would best prevent the rise of factions that would take away the personal rights of each American. 

A large and centralized government cannot protect the inalienable rights of citizens.

Fed 51

Madison

Separation of powers between the three branches of government and the system of checks and balances is necessary to ensure the government protects individual liberties instead of destroying them

Fed 70

Hamilton

A strong leader in the Executive Branch is necessary to ensure liberty and protection from foreign threats and expedite decision making

\
enables the President to defend against legislative encroachments on his power.

Fed 78

Hamilton

Citizens do not need to worry about the Judicial Branch infringing upon individual rights because:


1. It is the weakest branch 
2. It is impartial and insulated from political influence because the justices have life sentences

Letter from Birmingham Jail

MLK

response to public statement by 8 white men in the south for black americans to use the courts instead of the streets to secure civil rights

\
MLK said that people have the moral responsibility to break unjust laws and take direct action instead of waiting potentially forever to attain justice through court

Shays Rebellion 1786-87

Series of violent attacks against courthouses and government properties in Massachusetts because of high federal taxes and debt

\
Exposed weaknesses of Articles of Confederation

scrapped and replaced by the Constitution and Washington as first president

Popular sovereignty

government’s right to rule comes directly from the people

Republicanism

power rests with the citizens who can and do vote, natural rights are protected

Political institutions

executive, judicial, and legislative branches; balance order and security with freedom and prosperity

Constitutional republic

Americans elect representatives to make most of the laws and policies in the nations (versus voting on them directly) and protect the needs of the majority AND minority

Participatory Democracy

emphasizes broad participation in politics and civil society, citizens vote on things directly

Pluralist Democracy

recognizes group-based activism by nongovernmental interests striving for impact on political decision making

Elite Democracy

emphasizes limited participation in politics and civil society

Constitution

Madison, Washington, Franklin,Hamilton

* A document that sets the fundamental principles of governance and establishes institutions
* goal of creating a stronger fiscal and military state

Bill of Attainder

when the legislature declares someone guilty without trial (Article 1, Section 9)

Madison’s **Virginia Plan**

represented the needs and wishes of the more populated states

Paterson’s **New Jersey Plan**

represented the needs and wishes of the less populated states

The Great (Connecticut) Compromise

Bicameral legislature

* House based on population (Article 1, Section 2)
* Senate based on equal representation (Article 1, Section 3)

Three-Fifths Compromise:

slaves increase a state’s population (and therefore number of representatives in the House of Representatives), but slaves only count as ⅗ of a person

Amending the Constitution

Article 5:


1. Idea proposed
2. ⅔ vote in the House and Senate
3. OR, passage at a national convention requested by ⅔ of the states, ratified by the ¾ of the states (only been used once)

Apportionment

process of dividing the 435 memberships within the House of Representatives among the 50 states

Requirements for House

25 +

7 years citizenship

Resident of the state they represent

2 year term, unlimited terms

District jurisdiction, apportioned by population

More rules

Closer to the people

Requirements for Senate

30 +

9 years of citizenship

Resident of state they represent

6 year term, unlimited terms

Entire state jursidiction

Less structured

Insulated from the people

Cloture

adopted in 1917

originally ⅔ majority to end the filibuster, now ⅗

Delegate Role

main duty of a member of Congress is to carry out constituent interests

Trustee Role

\
members of Congress should act as trustees, making decisions based on their knowledge, experience, and judgement

Politico Role

representation where members of Congress balance their choices with the interests of their constituents and parties

Congressional Budget Office (CBO)

sets the federal budget and appropriates funds for agencies and programs

* Check: fail to fund president’s proposals

Office of Management and Budget (OMB)

assists president in setting national spending priorities

Entitlement Programs

a federal program that provides benefits for those who qualify under the law, regardless of income

examples: medicare, medicaid, social security, disability

Mandatory Spending

spending that is locked in the budget

example: locked for social security, medicare, medicaid

Discretionary Spending

spending for programs and policies at the discretion of Congress and the president

Pork barrel spending

controversial, legislation that directs specific funds (earmarks) to projects within their own districts or states 

Logrolling

controversial, members vote for earmarks for other states to get their own earmarks to pass

Oversight

congressional committees and subcommittees conduct hearings and investigations

Budget Surplus

the amount of money remaining when the government takes in more than it spends

Budget Deficit

the shortfall when a government takes in less money than it spends

Deficit Spending

first time during FDR’s New Deal

Requirements to be President

* Natural born citizen


* 35 years old
* 14 years resident within the United States

Powers of the President

Formal (enumerated) and informal powers:

* Vetoes and pocket vetoes
* Foreign policy - formal (treaties - need Senate approval) informal (executive agreements)
* Bargaining and persuasion - congressional action
* Executive orders - instructing departments on how to implement policy (signing statements)
* Commander-in-Chief - top of the entire military chain of command
* Signing laws
* Pardons - FEDERAL crimes
* Oversees federal bureaucracies (15), Vice President, Cabinet positions - subject to Senate confirmation

Executive Privilege

a right claimed by presidents to keep certain conversations, records, and transcripts from outside scrutiny