US Constitution

US Constitution

The supreme law of the United States, establishing the framework of government, the separation of powers, and the rights of citizens. Created in 1787 and ratified in 1788 and came into force in 1789. It is 7,000 words long. 27 amendments.

Article I

establishes the legislative branch of the federal government, outlining the powers and responsibilities of Congress.

Article II

establishes the executive branch of the federal government, detailing the powers and responsibilities of the President.

Article III

establishes the judicial branch of the federal government, defining the powers and responsibilities of the Supreme Court and lower courts. It also addresses the jurisdiction of the federal courts and the process for trying cases of treason.

Bill of rights

The first ten amendments to the US Constitution, which guarantee individual liberties and rights such as freedom of speech, religion, and the press.

first amendment

protects freedoms of speech, religion, press, assembly, and petition.

second amendment

protects the right to keep and bear arms.

19th amendment

grants women the right to vote. Ratified in 1920, it prohibits any U.S. citizen from being denied the right to vote on the basis of sex.

checks and balances

a system that ensures that no branch of government becomes too powerful by providing each branch with specific powers to limit the others.

10th amendment

reserves powers not delegated to the federal government to the states or the people.

18th amendment

prohibited the manufacture, sale, and transportation of alcoholic beverages in the United States. Ratified in 1919, it was later repealed by the 21st Amendment.

codified constitution

a constitution that is written and formally enacted, as opposed to an uncodified constitution that relies on conventions and statutes.

entrenched constitution

a constitution that is difficult to amend or repeal, often requiring a supermajority or special procedures for changes.

Article 5

• Article V entrenches the US constitution, requiring a supermajority to change amendments or a ¾ majority in a ratifying convention of the states.

Mabury v Madison

landmark decision of the US Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the constitution of the United States.

5 principles

bipartisanship, checks and balances, separation of powers, limited government, federalism.

Texas vs US 2016

Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) was a proposed immigration policy introduced by President Obama in November 2014. It aimed to provide temporary relief from deportation and work authorization to certain undocumented immigrants who met specific criteria. In Texas v. United States (2016), Texas and other states stopped President Obama's plan (called DAPA) that would let some undocumented immigrants stay and work in the U.S. The Supreme Court tied 4-4, so the plan was blocked and never took effect. This case showed the limits of presidential power on immigration.

Implied powers

• Article I, Section 8, Clause 18 gives Congress implied powers, giving it the power to make all laws “necessary and proper” for its ability to rule.

• The implied powers of Congress have grown since the Constitution was written, allowing them to make laws concerning matters not mentioned in the Constitution.

  • For example, an implied power of Congress is that of the regulation of the sale of substances, and the banning of the sale of other substances (such as some drugs).

Obergefell vs Hodges

Hodges, legal case in which the U.S. Supreme Court ruled (5–4) on June 26, 2015, that state bans on same-sex marriage and on recognizing same-sex marriages duly performed in other jurisdictions are unconstitutional under the due process and equal protection clauses of the Fourteenth Amendment to the U.S. Constitution.

enumerated powers

• Article I, Section 8 of the Constitution sets out the enumerated powers of Congress.

• These include the power to tax citizens and spend this money, and the power to issue a currency.

freedom caucus

The Freedom Caucus, also known as the House Freedom Caucus, is a congressional caucus consisting of Republican members of the United States House of Representatives. It is generally considered to be the most conservative and furthest-right bloc within the chamber.

Patronage

the power to control appointments to office or the right to privilege

Fletcher vs Peck

Fletcher v. Peck, 10 U.S. (6 Cranch) 87 (1810), was a landmark United States Supreme Court decision in which the Supreme Court first ruled a state law unconstitutional. The decision created a growing precedent for the sanctity of legal contracts and hinted that Native Americans did not hold complete title to their own lands

Roe vs Wade

Roe v. Wade, 410 U.S. 113 (1973),^[1] was a landmark decision of the U.S. Supreme Courtin which the Court ruled that the Constitution of the United States protected a right to have an abortion.

Gonzales vs Oregon

was a landmark decision of the US Supreme Court which ruled that the United States Attorney General cannot enforce the federal Controlled Substances Act against physicians who prescribed drugs, in compliance with Oregon state law, to terminally ill patients seeking to end their lives, commonly referred to as assisted suicide.