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1st Amendment
freedom of religion, speech, press, and petition
2nd Amendment
right to bear arms
3rd Amendment
quartering of soldiers
4th Amendment
protection from unreasonable searches, seizures, and arrests
5th Amendment
Rights of citizens when accused of crimes and due process of national government - established Miranda Rights
6th Amendment
process when citizen is accused of a crime
7th Amendment
right to trial by jury
8th Amendment
protection from cruel and unusual punishment and excessive bail
9th Amendment
If there are other rights not mentioned in the Bill of Rights, they are still protected
10th Amendment
Any powers not explicitly granted to federal government are given to the states
14th Amendment
Due process of state government and equal protections clause; citizenship for minorities and naturalization
Engel v. Vitale (1962)
mandatory prayer in schools violates religion establishment clause; upheld individual religious liberty
Wisconsin v. Yoder (1972)
Forcing Amish kids to go to public school violates religion free exercise clause; upheld individual religious liberty
Tinker v. Des Moines (1969)
Students wearing armbands to protest Vietnam war; students do have free speech in school, symbolic speech is protected
Schenck v. United States (1919)
Convicted for encouraging draft-dodging; conviction was constitutional. Established limits to free speech (time, manner, place; defamation; clear and present danger)
NYT v. US (1971)
Pentagon papers leaked by Nixon to NYT; Nixon invoked prior restraint. SCOTUS ruled that Freedom of Press is more important than prior restraint
McDonald v. Chicago (2010)
Chicago’s restrictive gun laws are unconstitutional; Selectively incorporated 2nd Amendment to States
Gideon v. Wainwright (1963)
Gideon had no lawyer to represent him; this case selectively incorporated the 6th Amendment (right to a defendant)
Brown v. Board of Education (1954)
Overturned Plessy v. Ferguson; desgregated schools; advanced civil liberties through application of 14th Amendment EPC
Baker v. Carr
Tennessee districts had not be reapportioned for 60 years, which led to unequal representation. This case banned malapportionment - one person, one vote.
Shaw v Reno
Banned racial gerrymandering and interpreted the constitution as colorblind.
Fed 10
A large republic is the best environment for democracy because all the factions will have competing interests and cancel each other out. These competing factions prevent tyranny of the majority.
Brutus 1
The Constitution is an overreach of governmental power; a large republic is bad because representatives will not be well-connected with constituents
Fed 51
separation of powers, checks and balances establish limited government even though the Constitution increases its power
Fed 70
Unitary executive is necessary so that they can make quick decisions in times of crisis and be held accountable by public opinion
Fed 78
Lifetime appointments for judges so they are free from politics; judicial review is necessary
15th Amendment
No denial of voting based on race
17th Amendment
Direct election of senators
19th Amendment
No denial of vote based on sex
22nd Amendment
2-term limit on Presidents
24th Amendment
Bans poll taxes
26th Amendment
lowers voting age to 18
US v. Lopez
Guns in school zones cannot be regulated by commerce clause; restricts federal power and broad interpretation of the clause
McCulloch v. Maryland
Federal Bank in Maryland cannot be subject to state taxes by Supremacy Clause; the establishment of the bank was constitutional due to the Elastic Clause
Declaration of Independence
natural and unalienable rights; social contact theory; popular sovereignty
Constitution
Article I: Legislative
Article II: President
Article III: Judiciary
IV: Relationship between state and federal gov’ts
V: Amendment process
VI: supremacy of the Constitution over state laws
VII: Constitutional ratification process
Articles of Confederation
Federal government was too weak because they couldn’t tax, raise an army, and amendments couldn’t happen without unanimous agreement of the states
- Shay’s Rebellion exposed the weaknesses of it
Letter from Birmingham Jail
MLK argues for civil rights and protection for all Americans based on the Equal Protection Clause in the 14th Amendment