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Article 1 of the Constitution

Article 1 of the Constitution

Focus on the legislative branch.

*Three Fifths Clause

Found in Article 1 of the constitution. Slaves count as 3/5 of a citizen for purposes of representation in the house and “direct taxation” of the states

Speech and Debate Clause

Found in Article 1 of the constitution. Members of congress shall be privileged from arrest.

Origination Clause

Found in Article 1 of the constitution. Revenue bills originate in the house.

Presentment Clause

Found in Article 1 of the constitution. Bills that pass the House and Senate are to be presented to the president for his signature.

General Welfare Clause

Found in Article 1 of the constitution. Congress has the power to provide for the common defense and general welfare of the US.

*Necessary and Proper Clause [Elastic Clause]

Found in Article 1 of the constitution. Power to make all law that shall be thought to be necessary and proper.

Commerce Clause

Found in Article 1 of the constitution. Congress has expressed power to “regulate commerce between states and foreign powers”

Contracts Clause

Found in Article 1 of the constitution. States may not pass any law that impairs the obligation of any contract.

Article 2 of the Constitution

Focuses on the Executive Branch

Natural Born Citizen Clause

Found in Article 2 of the constitution. Must be natural born citizen to be president.

*Appointments Clause (Advice and Consent)

Found in Article 2 of the constitution. President may appoint, with advice and consent the Senate.

Take Care Clause (Faithfully Execute)

The President shall take care that the laws be faithfully executed.

Article 3 of the Constitution

Focuses on the Judicial Branch

Exceptions Clause

Found in Article 3 of the Constitution. Grants Congress the power to make exceptions to the constitutionally defined appellate jurisdiction of the Supreme Court

Article 4 of the Constitution

Focuses on states, citizenship, and new states

Full Faith and Credit Clause

Found in Article 4 of the Constitution. State courts respect the laws and judgments of courts from other states.

Privileges and Immunities Clause (Comity Clause)

Found in Article 4 of the Constitution. Citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

*Extradition Clause

Found in Article 4 of the Constitution. A Person charged in any State with a crime who shall flee from Justice, and be found in another State, shall be delivered up and removed to the State having Jurisdiction of the Crime.

Guarantee Clause

Found in Article 4 of the Constitution. Every state shall have a republican form of government

Article 5 of the Constitution

Focuses on the amendment process.

Article 6 of the Constitution

Focuses on debts, supremacy, oaths, and religious tests.

*Supremacy Clause (Preemption)

Found in Article 6 of the constitution. The Constitution is the supreme law of the land

Oath or Affirmation Clause

Found in Article 6 of of the constitution. Members of Congress, officers of Executive and Judicial Branches must take oath to support the Constitution.

Article 7 of the Constitution

Focuses on ratification.

First Amendment

Congress can’t make laws that establish a national religion or prohibit the free exercise of speech, press, assembly, and petition.

*Establishment Clause

Found in the First Amendment. Prohibits the government from "establishing" a religion.

*Free Exercise Clause

Found in the First Amendment. Protects citizens' right to practice their religion as they please, so long as the practice does not run afoul of a "public morals" or a "compelling" governmental interest.

*Free Speech Clause

Found in the First Amendment. People’s words and opinions are protected and cannot be silenced by the government.

*Freedom of the Press Clause

Found in the First Amendment. The press will be able to mobilize, research, and report information freely without government censorship.

Assembly Clause

Found in the First Amendment. People have the right to gather together concerning any topics especially political, without government prohibition.

Petition Clause

Found in the First Amendment. People have the right to propose legislation.

Second Amendment

The people have a right to keep and bear arms.

*Right to Bear Arms Clause

Found in the Second Amendment. People have the right to own guns and keep them within their possession.

Third Amendment

Quartering Act: soldiers cannot stay in people’s houses without their consent. (Has not been relevant for some time)

Fourth Amendment

Addresses searches and seizures of evidence and citizens.

Search and Seizure Clause

Found in the Fourth Amendment. Protects people against unreasonable searches without probable cause or a search warrant. Evidence taken that breaks this cannot be used in court.

Fifth Amendment

Nobody can be deprived of their unalienable rights without due process of law or take private property for public use without just compensation.

Double Jeopardy Clause

Found in the Fifth Amendment. Prohibits anyone from being prosecuted twice for substantially the same crime.

*Due Process Clause

Found in the Fifth Amendment and the Fourteenth Amendment. Before anyone can be deprived of life, liberty, or property, they must be notified of the charges against them and given the opportunity to be heard at an impartial tribunal.

*Self-Incrimination Clause

Found in the Fifth Amendment. Protects criminal defendants from having to testify if they may incriminate themselves through the testimony. A witness may "plead the Fifth" and not answer if the witness believes answering the question may be self-incriminatory.

Just Compensation Clause (Eminent Domain)

Found in the Fifth Amendment. Private property will not be taken for public use, without just compensation. (This “just” compensation has been debated)

Sixth Amendment

The right to a speedy trial by jury, witness, and council.

*Compulsory Process Clause

Found in the sixth amendment. In all prosecutions, the accused shall have the right to a trial by jury, be told what the alleged crime is, be confronted with the witnesses against them, have compulsory process for subpoena witnesses (an order requiring people to provide documents or testimony), to have access to a lawyer.

The Seventh Amendment

Citizens get a jury where the claims exceed a certain dollar value in civil lawsuits. (Not relevant anymore)

The Eighth Amendment

Prevents cruel and unusual punishments and excessive bail.

Cruel and Unusual Punishment Clause

Found in the Eighth Amendment. Prevents the government from torturing people in inhumane ways. (This has been a source of debate regarding capitol punishment)

Ninth Amendment

The rights of citizens will be protected whether these rights are listed or not.

Other Rights Clause

Found in the Ninth Amendment. Leaves what rights are not listed in the constitution as an opportunity for interpretation on behalf of the people.

Tenth Amendment

Any powers that are not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or to the people at large.

Reserved Powers Clause

Found in the Tenth Amendment. Restricts the power of the federal government by giving unspecific powers to the states and citizens.

Fourteenth Amendment

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

*Equal Protection Clause

Found in the Fourteenth Amendment. A governmental body may not deny people equal protection of its governing laws.

Citizen Clause

Found in the Fourteenth Amendment. Defines citizenship as all persons born or naturalized in the United States.

Fifteenth Amendment

The right to vote will not be denied on the basis of race. (Black people’s right to vote)

Seventeenth Amendment

Two senators from each state will be elected every six years by the people’s popular vote.

Nineteenth Amendment

Voting will not be denied on the basis of sex. (Women’s right to vote)

Twentieth Amendment

Changed the original calendar dates for the president and vice president's terms from March 4 to January 20.

Twenty-Second Amendment

The presidency will be limited to two terms only. (Can be spaced apart)

Twenty-Third Amendment

Provides the citizens of the District of Columbia with appropriate rights of voting in national elections for President and Vice President of the United States.

Twenty-Fourth Amendment

Abolishes any poll taxes from being placed by states for elections.

Twenty-Fifth Amendment

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Twenty-Sixth Amendment

The right to vote will be given to citizens who reach the age 18.

Marbury v. Madison

Established the authority of American courts to overturn laws and invalidate government actions that violate the Constitution. Remember: Judicial Review, Separation of Powers/Checks and Balances, Writ of Mandamus. Clause: Supremacy Clause. Marbury won.

McCulloch v. Maryland

Established the supremacy of the Constitution, the expansion of Congress’ powers beyond those enumerated, and the inferior status of state laws in relation to federal laws. Remember: Federalism and Implied Powers. Clauses: Supremacy Clause and Necessary and Proper Clause. McCulloch won due to federal bank constitutionality.

Schenck v. United States

Established that the First Amendment does not protect speech that creates a “clear and present danger.” Remember: The Draft, Clear and Present Danger Test. Clauses: First Amendment Freedom of Speech and Freedom of Press. U.S. won due to a time of war.

Brown v. Board of Education

Established that racial segregation in public schools was unconstitutional. Remember: Segregation, Plessy v. Ferguson. Clause: Equal Protection Clause. Brown won due to unconstitutionality of the separate but equal principle.

Baker v. Carr

Facilitated the development of the “one person, one vote” doctrine and enabled federal courts to weigh in on legislative redistricting questions. Remember: Justiciable, Legislative Apportionment, Stare Decesis. Clause: Equal Protection Clause.

Engel v. Vitale

Established that is was unconstitutional for public schools to lead students in prayer. Remember: Amicus Curiae Brief. Clause: Establishment Clause. Engel won due to first amendment religious rights.

Gideon v. Wainwright

Guaranteed the right to an attorney for those who could not afford one. Remember: Selective Incorporation, Rights of the Accused. Clause: Due Process 14th amendment. Gideon won because Due Process applies the 6th amendment to the states.

Tinker v. Des Moins

Established that students may exercise their First Amendment rights in public school as long as their actions do not cause a “substantial disruption.” Remember: Symbolic Speech, Clear and Present Danger Test. Clause: Free speech clause. Tinker won due to the freedom of speech being a constitutional right.

New York Times v. United States (1971)

Established that the freedom of the press could not be curtailed by presidential claims of executive privilege. Remember: Prior restraint, Pentagon Papers. Clause: Freedom of the Press Clause. New York Times Won due to the government not proving prior restraint was justified.

Wisconsin v. Yoder

Established that Amish families could not be required to send their children to public education past the eighth grade. Remember: Amish. Clause: Free Exercise Clause. Yoder won due to school’s disregarding the amish religion and lifestyle being unconstitutional.

Shaw v. Reno

Used the Equal Protection Clause to mandate strict scrutiny for redistricting on the basis of race. Remember: Gerrymandering, Majority-Minority Area, Voting Rights Act. Clause: Equal Protection Clause. Shaw won because race can be taken into account when redistricting but it cannot be the primary consideration.

United States v. Lopez

Limited congressional powers under the Commerce Clause by ruling that Congress is not authorized to regulate the carrying of firearms. Clauses: Supremacy Clause and Commerce Clause. Lopez won because congress was overstepping their powers when it came to gun regulation.

McDonald v. City of Chicago

Ruled that the Second Amendment applies to the states through the doctrine of selective incorporation. Remember: Militia, Selective Incorporation. Clause: Right to bear arms clause. McDonald won due to the state government’s infringement on the second amendment.

Citizens United v. Federal Election Commission

Ruled that the Free Speech Clause of the First Amendment covers political spending by corporations, labor unions, and other groups. Remember: Soft Money, Hard Money, Disclosure. Clause: Free speech clause. Citizens United won because money is speech and speech is free and corporations are people too so its their right. The money restrictions were also found unconstitutional.

Federalist 10

• a strong, united republic would be more effective than the individual states at controlling “factions”

• a large republic will help control factions because when more representatives are elected, there will be a greater number of opinions. Therefore, it is far less likely that there will be one majority oppressing the rest of the people.

Brutus I

• an Antifederalist series of essays designed to encourage New Yorkers to reject the proposed Constitution

• the immense power of the federal government requires the people to sacrifice their liberties

• a bill of rights was necessary to protect the people from the government

• Congress possesses far too much power: taxation, standing army, taxes, Elastic Clause

• a free republic cannot exist in such a large territory as the United States

• Judicial authority will broaden federal gov’t’s power (thus, tyranny)

Declaration of Independence

• All people created equal (Natural Rights of Life, Liberty, Property)

• Governments are created to protect these rights

• If Gov’t does not protect these rights, then the People have the duty to change/destroy -

• Imperfect gov’ts should not be destroyed, only ones that seek to subject the People to Tyranny (destruction of Natural Rights)

• A balance between governmental power and individual rights has been a hallmark of American political development.

Articles of Confederation

• Confederation of states, with an extremely limited central government.

• limitations placed upon the central government rendered it ineffective at governing the continually growing American states

• Each state remains sovereign

• Unicameral legislature, each state one vote

• No President, No Judiciary

• Could not force taxation; No standing Army

Constitution (+ Bill of Rights & Other Amendments)

• Outline of federal gov’t structure, powers, and limits to those powers

• Three branches (L, E, J) [Sep. of P’s] that can limit each other [Ch & B’s]

• Federal system of government

• Constitution as Supreme Law

• Bill of Rights o 1-8: Individual Rights o 9: Rights not listed are NOT denied to the People o 10: Powers not given to Federal Gov’t nor denied to the states are State Powers

• Other Amendments o Generally, amendments are expansions of Peoples’ rights o 13, 14, 15, 17, 19, 22, 24, 26

• The Constitution emerged from the debate about the weaknesses in the Articles of Confederation as a blueprint for limited government.

Federalist 51

• Proposes a government broken into three branches: Executive, Legislative, and Judicial.

• Each branch should be self-sufficient, but each should have some kind of power over the other in order for them to keep each other from taking over the government.

• The Legislative branch needs to be split further into the House of Representatives and the Senate because it's the most powerful branch, and members of the Judicial branch need to be chosen by the President with the Senate's approval because they want qualified candidates for a position that lasts for life.

• This style of government also helps keep down the power of factions, a recurring theme from Federalist 10.

• The Constitution created a competitive policy- making process to ensure the people’s will is accurately represented and that freedom is preserved.

Federalist 70

• Argues that unity in the executive branch is a main ingredient for both energy and safety. Energy arises from the proceedings of a single person, characterized by, "decision, activity, secrecy, and dispatch," while safety arises from the unitary executive's unconcealed accountability to the people. -

• Justifies executive strength by claiming that the slow-moving Congress, a body designed for deliberation, will be best-balanced by a quick and decisive executive.

• Also maintains that governmental balance can only be achieved if each branch of government (including the executive branch) has enough autonomous power such that tyranny of one branch over the others cannot occur.

• Makes the case for duration, meaning a presidential term long enough to promote stability in the government.

• Support can be defined as a presidential salary, which insulates government officials from corruption by attracting capable, honest men to office.

• Support can be defined as a presidential salary, which insulates government officials from corruption by attracting capable, honest men to office.

• The presidency has been enhanced beyond its expressed constitutional powers.

Federalist 78

• As “the weakest of the three departments of power,” the Judiciary needs strengthening.

• Without an independent judiciary, any rights reserved to the people by the Constitution “would amount to nothing,” since the legislature cannot be relied upon to police itself.

• Lifetime appointments, guaranteed “during good behavior” to insure that judges can resist encroachments from the legislature (to which presumably they would be vulnerable by means of bribes or threats)

• The design of the judicial branch protects the Supreme Court’s independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice.

Letter from a Birmingham Jail

• King argues that he and his fellow demonstrations have a duty to fight for justice.

• It is up to the oppressed to take charge and demand equality.

• Segregation is used to debase one population (blacks) while uplifting another (whites), which makes it immoral in the eyes of God. Immoral laws are laws that are neither just nor fair. According to St. Augustine's logic, unjust laws aren't actually laws, so they don't have to be followed. King believes people are under a moral obligation to oppose segregation by refusing to abide by the so-called laws that govern the practice.

• White Americans who say they agree with the notion of desegregation but criticize the manner in which civil rights activists go about achieving it are the biggest obstacle standing in the way of racial equality. The demeaning and "paternalistic" attitude of white moderates shows a lack of real understanding about the realities of segregation. It is this group that perpetuates the notion that time, not human intervention, will be the great equalizer—which discourages others to join the campaign for civil rights.

• The civil rights movement will ultimately be successful because "the goal of America is freedom."

• The Fourteenth Amendment’s equal protection clause as well as other constitutional provisions have often been used to support the advancement of equality.

affirmative action

Programs intended to give a boost or preference to minority applicants in contracting, employment, housing, and college/professional school admissions over white applicants.agenda setting

agenda setting

Identification of the problems and/or issues that require the attention

of the government to resolve.

amicus curiae brief

a brief submitted to the court by an interested third party that outlines issues it thinks are important in the case.

Amicus curiae

“friend of the court”

appellate jurisdiction

The power that a court has to review the decision of a lower

court; the Supreme Court exercises appellate jurisdiction in the overwhelming majority of

the cases it hears.

bill

a proposed law

bill of attainder

A law that makes a person guilty of a crime without a trial; neither

Congress nor the states can enact such a law under the Constitution.

blanket primary

A primary election in which candidates from all parties are on the

ballot, and a registered voter can vote for the Democratic candidate for one office and the

Republican for another.

block grants

Federal funds to the states for programs in broad policy areas such as

law enforcement with few, if any, restrictions on how the money is used.

brief

A written document submitted to a court that presents the facts and legal

reasoning of a party to the lawsuit.

capital-gains tax

A tax on the sale of stock or real property.

casework

Services performed by an elected official for constituents

Ex: A member of Congress gets tickets to tour the White House for a family or contacts the Department of Veterans Affairs for a person in his/her district

categorical grant

Federal funds to states and local governments for specific

programs that usually require the recipient to match the money provided and have other

strings attached.

caucus

Made up of members of Congress that may or may not be from the same

party but share common policy concerns; the Congressional Black Caucus is an example.

The term also refers to a meeting of all the members of a party in Congress.