Mostly complete review sheet

Enumerated powers

powers explicitly listed in Article I section 8

• Federal funding

  • Raise money from taxes

  • Have same currency throughout the nation (USD)

  • Pass federal budget

Implied powers

(ELASTIC CLAUSE) - Congress can pass any law required by enumerated powers
article 1 section 8

Keynesian economics

Keynesian approach to resolving a recession would include the use of government spending to stimulate the economy.

Devolution

(from Reagan) - effort to shift power and responsibility from federal government to state governments

Article II (Constitution)

establishes the executive branch, vesting power in the President to enforce federal law, act as Commander-in-Chief, make treaties, and appoint officials

Article III (constitution)

establishes the judicial branch, creating the Supreme Court and empowering Congress to create lower federal courts

“Preamble” (Declaration of Independence)

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Constitution Preamble

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

amending Constitution

Proposal

⅔ of both Houses of Congress can propose

Or: ⅔ state legislatures can propose

Ratification

¾ states have to agree to ratify amendment

Senate presidential appointments power

The president nominates key officials (cabinet members, federal judges, ambassadors), but the Senate must approve them by majority vote; this is part of the “advice and consent” power in Article II of the Constitution

Freedom of religion, speech, press, assembly, and petition; protects core civil liberties from government interference; applies to states via selective incorporation

1st Amendment

Right to keep and bear arms; debated scope (individual vs. militia right); applies to states through incorporation

2nd Amendment

Basic rights and freedoms guaranteed to individuals (speech, religion, privacy, due process); often protected from government intrusion

Individual Liberty

Protects against unreasonable searches and seizures; requires warrants based on probable cause; exclusionary rule prevents illegally obtained evidence

4th Amendment

Rights of the accused: due process, protection against self-incrimination, double jeopardy, and eminent domain requires just compensation

5th Amendment

Guarantees a speedy and public trial, impartial jury, right to attorney, and to confront witnesses

6th Amendment

Prohibits cruel and unusual punishment and excessive bail/fines; important in death penalty debates

8th Amendment

Defines citizenship; guarantees due process and equal protection under the law; key to applying Bill of Rights to states

14th Amendment

Process by which the Supreme Court applies Bill of Rights protections to the states using the 14th Amendment’s Due Process Clause

Selective Incorporation

Policies and laws aimed at ending discrimination and ensuring equal treatment regardless of race, gender, etc.; rooted in 14th Amendment

Civil Rights

Requires states to treat all people equally under the law; used in major cases on discrimination (race, gender, etc.)

Equal Protection Clause

Guarantees fair legal procedures (procedural) and protects fundamental rights from government interference (substantive)

Due Process Clause

Prohibits denying the right to vote based on race, color, or previous condition of servitude

15th Amendment

Established direct election of U.S. Senators by voters instead of state legislatures

17th Amendment

Granted women the right to vote nationwide

19th Amendment

Banned poll taxes in federal elections, expanding voting access

24th Amendment

Lowered the voting age from 21 to 18

26th Amendment

Limits the president to two terms in office

22nd Amendment

Marbury v. Madison (1803) Decision

Established judicial review; Supreme Court can strike down laws that conflict with the Constitution, strengthening judicial branch power

McCulloch v. Maryland (1819) Decision

Congress has implied powers beyond enumerated ones; states cannot tax or interfere with federal institutions (federal supremacy)

United States v. Lopez (1995) Decision

Congress exceeded Commerce Clause authority; not all activities (like guns in schools) count as interstate commerce

Engel v. Vitale (1962) Decision

Government-led prayer in public schools is unconstitutional, even if participation is voluntary

Wisconsin v. Yoder (1972) Decision

Individual religious beliefs can outweigh state education laws in certain cases (Amish exemption upheld)

Tinker v. Des Moines (1969) Decision

Students retain free speech rights in school unless their actions cause substantial disruption

New York Times v. United States (1971) Decision

Government cannot censor the press beforehand (prior restraint) unless there is a serious threat to national security

Schenck v. United States (1919) Decision

Speech that creates a “clear and present danger” is not protected by the First Amendment

Gideon v. Wainwright (1963) Decision

States must provide attorneys to defendants who cannot afford one in criminal cases

McDonald v. Chicago (2010) Decision

Second Amendment right to bear arms applies to states through incorporation (14th Amendment)

Brown v. Board of Education (1954) Decision

Racial segregation in public schools violates Equal Protection Clause; “separate” is inherently unequal

Shaw v. Reno (1993) Decision

Redistricting based mainly on race violates Equal Protection Clause

Citizens United v. FEC (2010) Decision

Corporations and unions can spend unlimited money on political campaigns as protected free speech

Baker v. Carr (1962) Decision

Federal courts can hear redistricting cases; established principle of equal representation (“one person, one vote”)

Marbury v. Madison (1803) Facts

William Marbury was denied his judicial appointment; sued Secretary of State Madison to deliver it, raising question of Court’s authority

McCulloch v. Maryland (1819) Facts

Maryland taxed the national bank; McCulloch refused to pay, questioning federal vs. state power

United States v. Lopez (1995) Facts

Student brought a gun to school under a federal law banning guns in school zones; challenged Congress’s authority

Engel v. Vitale (1962) Facts

New York schools required a daily, state-written prayer; parents objected on religious grounds

Wisconsin v. Yoder (1972) Facts

Amish families refused to send children to school past 8th grade due to religious beliefs; fined by state

Tinker v. Des Moines (1969) Facts

Students wore black armbands to protest Vietnam War; were suspended by school

New York Times v. United States (1971) Facts

Government tried to stop newspapers from publishing classified Pentagon Papers about Vietnam War

Schenck v. United States (1919) Facts

Schenck distributed leaflets urging resistance to WWI draft; arrested under Espionage Act

Gideon v. Wainwright (1963) Facts

Gideon was denied a lawyer in a felony case because he couldn’t afford one; defended himself and lost

McDonald v. Chicago (2010) Facts

Chicago banned handguns; McDonald argued this violated his Second Amendment rights

Brown v. Board of Education (1954) Facts

Black students were denied entry to white public schools; families challenged segregation laws

Shaw v. Reno (1993) Facts

North Carolina created oddly shaped majority-Black districts; challenged as racial gerrymandering

Citizens United v. FEC (2010) Facts

Nonprofit wanted to air political film about a candidate close to an election; restricted by campaign finance law

Baker v. Carr (1962) Facts

Tennessee districts were unevenly populated; voters argued votes were not equally represented

McCulloch V Maryland

Court ruled Congress could create a national bank under the Necessary and Proper Clause, and states could not tax federal institutions because of the Supremacy Clause.

Federalism

The balance of power between the federal government and the states.

United States V Lopez

Case where the Supreme Court ruled that gun legislation is a state issue and Congress overreached its power.

Commerce Clause

Article I Section 8 grants Congress the power to regulate commerce with foreign nations and among the states.

Baker V Carr

Case that established the principle of one person, one vote and allowed the Supreme Court to rule on legislative reapportionment.

14th Amendment

Constitutional amendment that includes the equal protection clause.

Shaw V Reno

Case that ruled racial gerrymandering unconstitutional under the equal protection clause.

Marbury V Madison

Case that established judicial review, allowing the Supreme Court to declare laws unconstitutional.

Writ of Mandamus

A court order for an official to perform a duty they are legally obligated to complete.

Engel V Vitale

Case that ruled state-sponsored prayer in schools unconstitutional, violating the Establishment Clause.

Wisconsin V Yoder

Case that ruled the state's interest in education does not trump the free exercise of religion for Amish families.

Tinker V Des Moines

Case that addressed the limits of free speech in schools regarding symbolic protest.

Judiciary Act of 1789

Legislation that established the Supreme Court's ability to issue Writs of Mandamus in original jurisdiction cases.
Writ of Mandamus - court order for official to do what they’re legally required to do
defined federal jurisdiction, authorized writs of mandamus, established structure of courts 3 tiered federal court system

Equal Protection Clause

Part of the 14th Amendment that prohibits states from denying any person equal protection under the law.

Partisan Gerrymandering

Drawing congressional districts to favor one political party over another.

Racial Gerrymandering

Drawing congressional districts to favor one racial group over another.

Supreme Court's Original Jurisdiction

The right of the Supreme Court to hear a case for the first time.

Supreme Court's Appellate Jurisdiction

The authority of the Supreme Court to hear appeals from lower courts.

Establishment Clause

Part of the First Amendment prohibiting the government from establishing an official religion.

Free Exercise Clause

Part of the First Amendment that protects citizens' rights to practice their religion freely.

Symbolic Speech

Nonverbal communication that conveys a political message, protected under the First Amendment.

Supreme Court Precedent

Legal principles established in previous court decisions that guide future cases.

Judicial Review

The power of the Supreme Court to declare laws and executive actions unconstitutional.

Balance of Power

The distribution of power among the branches of government to prevent any one branch from becoming too powerful.

Clash Between States and Religion practices

Legal conflicts arising when state laws or interests interfere with religious practices.
Wisconsin V Yoder (14th amendment and 1st) - Free exercise clause
Engel V Vitale (14th amendment and 1st) - establishment clause

Homeschool Movement

A growing trend of educating children at home, often influenced by legal cases regarding education and religion.

Substantial disruption test

Criteria for how school administrators can constitutionally limit free speech.

Schenck V United States

Case involving the Espionage Act and the limits of free speech during wartime.

Clear and present danger test

Tests if speech is protected or not, e.g., shouting 'Fire' in a theater.

New York Times V United States

Case about 1st amendment protection of freedom of the press against prior restraint.

Prior restraint

Efforts to keep a paper from publishing documents before they are printed.

McDonald V Chicago

Case that applied the 2nd amendment's right to bear arms to state laws.
14th amendment equal protection clause - allowed court to apply Bill of Rights to state government too

Selective incorporation

Applies civil liberties found in the Bill of Rights to states.

Gideon V Wainwright

Case ruling that the 6th amendment right to counsel applies to state courts.

Brown V Board of Education

Case that ruled racial segregation in schools unconstitutional.

Citizens United V FEC

Case ruling that money is a form of speech protected by the 1st amendment.

Declaration of Independence

Document explaining the reasons for the American Revolution.

Natural rights

Rights that cannot be taken away by government, as per John Locke.

Popular sovereignty

The principle that the power to govern is in the hands of the people.

Social contract

The theory that people surrender power to government to protect their rights.

Federalist 10

James Madison's essay discussing the dangers of factions in a democracy.