Ultimate AP Gov Review (SCOTUS Cases + Required Documents + Amendments + Clauses)
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89 Terms
Engel v. Vitale (1962)
1st Amendment, speech. Freedom of speech is not absolute. Words can be weapons in times of war, can't use speech to place others in danger.
About a bank and a tax. Affirms the Elastic Clause (Necessary and proper clause). Stretches the power of Congress beyond the Expressed Powers of Article I. Give Congress Implied powers.
-McCulloh v Maryland
- US v Lopez
- Engle v Vitale
- Wisconsin v Yoder
- Schenck v US
- Tinker v Des Moines
- Citizens United v FEC
- Brown v Board of Educatoin
- Baker v Carr
- Shaw v Reno
- McDonald v Chicago
- Gideon v. Wainwright
FILLER
FILLER
Defends a small government and argues that the federal system poses violation to individual rights.
Author Brutus - asked questions about and critiqued the draft of the Constitution. The first publication that began was the Federalist and Anti-Federalist Papers. A national government has too much power, an army could prevent liberty, and representatives may not truly be representatives of the people.
*Major dissent: The Federalist Papers attempted to answer questions and address concerns posed by Brutus and other Anti-Federalists.*
Madison argued for a strong central government that controls the “mischiefs of faction.”
Addresses the dangers of factions and how to protect minority interest groups in a nation ruled by the majority. Argues that a large republic keeps any single faction from taking control.
*Major dissent: Anti-Federalists thought that Madison’s claims were unrealistic and that a country with multiple factions could never create a good union. Believed that no large nation could survive and that states’ separate interests would fracture the republic.*
Madison argued that separation of powers would make the government efficient, dividing responsibilities and tasks.
*Major dissent: Anti-Federalists believed that there was no perfect separation of powers and that one branch of government would eventually hold more power.*
Alexander Hamilton argued that the executive branch should only have one member: The President (used the British monarchy as an example: the king had power but was checked by the House of Commons). Proposed term limits as another way to limit the president’s power (not set until the 22nd Amendment in 1951)
*Major dissent: Anti-Federalists believed that only the president’s staff would influence him and disagreed with giving control of the military to one person.*
Alexander Hamilton addressed concerns about the power of the judicial branch, argued that the judicial branch would have the least amount of power under the Constitution but would also have the power of judicial review (check on Congress)
*Major dissent: Anti-Federalists claimed that a federal judiciary could overpower states’ judiciaries and that judges’ lifetime appointments could result in corruption.*
Facts: Several States, including Maryland, passed laws to tax the Federal (National) Bank.
Holding: Congress may establish a national bank and states could not tax national banks.
Constitution Principle: Reinforced Supremacy Clause of the Constitution - the federal government is superior to the state government when the 2 have issues/conflicts. Necessary and Proper Clause - Congress has implied powers and is not limited by its expressed power.
Marbury v.Madison (Unanimous vote for Madison) *Marbury is mad and wants Judicial Review*
Facts: Marbury was appointed as justice of the peace in DC by Adams but didn’t receive his commission, so he petitioned the Supreme Court to compel the Secretary of State, James Madison, to deliver his commission.
*The Supreme Court increased its power by giving itself the power to overturn laws passed by the legislature (judicial review) - The ruling established the Judicial Branch as equal to the Legislative and Executive branches and is a pillar of Checks and Balances*
United States v. Lopez (5-4 for Lopez) *US was law to use Commerce Clause for guns in school.*
Facts: A student in Texas brought an unloaded gun to school and was charged with violating the federal Gun-Free School Zones Act of 1990.
Holding: The law is unconstitutional because possession of a gun in a school zone does not substantially affect any sort of interstate commerce.
Constitutional Principle: The 10th Amend. creates a federal system that protects state power. The commerce clause does grant Congress endless power. Limited Federal Powers use of the Commerce Clause and gave back rights to states.
Engel v. Vitale (6-1 for Engel) *Engel - Angel (Praying) and Vitale - Violates establishment clause.*
Facts: Public Schools in NY began the school day by inviting students to recite a nondenominational prayer each morning. Parents sued over Freedom of Religion - which violated the Establishment Clause of the First Amendment.
Holding: The state can’t hold prayer \s in public schools, even if participation is voluntary and the prayer isn’t tied to a specific religion.
Constitutional Principle: Religious practices in school violate “Establishment Clause.”
Facts: Wisconsin had a law that mandated school attendance until age 16. Amish families refused for religious reasons to send their children to high school once they finished 8th grade.
Holding: Compelling Amish students to attend public school beyond 8th grade violated the “Free Exercise Clause”. The ruling expanded parental control in schools in education and religion.
Constitutional Principle: Respect religious practices through the “Free Exercise Clause.”
Facts: Students were suspended for wearing black armbands as a symbol to protest the Vietnam War. Sued, claiming Freedom of Speech was violated.
Holding: The armbands represent pure speech and students have free speech rights at school. To justify suppressing speech, the school must prove that it would interrupt the operation of the school.
Constitutional Principle: Freedom of Speech. Student’s rights do not stop on school grounds and public schools must allow students their First Amendment rights as long as they do not cause a disruption.
Facts: The Nixon admin tried to prevent the publication of classified Pentagon Papers about the Vietnam War. The President argued that prior restraints were necessary to protect national security.
Holding: The government didn’t have the right to block the publication of the Pentagon Papers and did not prove their case that publication would create a national security risk.
Constitutional Principle: Freedom of Speech & Press - there is a heavy presumption against the constitutional validity of government claims of prior restraint.
Facts: Schenck distributed flyer arguing that the military draft violate the 13th Amend. He was arrested for violating the Espionage Act by attempting to cause insubordination in the military and obstruct recruitment.
Holding: The Espionage Act didn’t violate the 1st Amend. and was an appropriate exercise of Congress’ wartime authority.
Constitutional Principle: Freedom of Speech. During wartime rights are limited. Draft is necessary and discouraging men from joining presented a clear and present danger. Created the clear and present danger test which was overturned by Brandenburg v Ohio in 1969.
Gideon v. Wainwright (Unanimous for Gideon) *Gimme a lawyer!*
Facts: Gideon was charged with a felony and requested that the state court appoint a lawyer for him. The court denied because according to FL State law, attorney would only be appointed for a person in capital case.
Holding: States must provide attorney for defendants who can’t afford one.
Constitutional Principle: Selective Incorporation of 6th Amendment right to counsel. If the government can take away someones liberty, they must provide legal assistance in all criminal cases.
Facts: Residents of Chicago were invariably denied licenses for handguns, creating an effective ban on handguns. D.C. v. Heller established an individual right to bear arms.
Holding: The 2nd Amend.’s right to bear arms for the purpose of self-defense applies to the states.
Constitutional Principle: The 2nd Amend. establishes an individual to bear arms through the 14th Amend.’s Due Process clause applies to states.
Facts: Roe alleged that the state laws were unconstitutionally vague and abridged her right to personal privacy. Roe challenged Texas law which made all abortions illegal.
Holding: The right to privacy implied in the 14th Amendment protects abortion as a fundamental right. However, the government retained the power to regulate or restrict abortion access depending on the stage of pregnancy.
Constitutional Principle: Right to Privacy - extends to abortion.
Facts: Black students in serval states were denied admittance to certain public schools based on race.
Holding: Racial segregation of public schools allowed by the “separate but equal” principle of Pless v. Ferguson is unconstitutional.
Constitutional Principle: Racially segregated schools violated the equal protection clause of the 14th Amendment. *This ruling sparked the Civil Rights Movement, this interpretation of equal protection overturned Plessy, this ruling only desegregation schools, not society.*
Baker v. Carr (6-2 vote for Baker) *One Baker in One Car - Equal*
Facts: Tennessee residents alleged that reapportionment didn’t take into account population shifts, therefore on person’s vote wasn’t necessary equal to another person’s vote.
Holding: Apportionment claims are justiciable in federal court.
Constitutional Principle: Under the Equal Protection Clause the appellants had a right to challenge unequal apportionment. *One Person One Vote*
Shaw v. Reno (5-4 vote for Shaw) *I “Shaw” what you did with the lines!*
Facts: North Carolina created a bizarrely shaped majority-minority district to increase black representation in Congress. None represent for blacks in NC. Violate the 14th Amendment.
Holding: Congressional districts cannot be drawn based on race.
Constitutional Principle: Drawing a Congressional district based only on race violated the equal protection clause and opposes the “colorblind” ideal of US law. *The shape of the proposed district was bizarre enough to appear it separate voters. Race cannot be the only factor in redrawing. Nationwide changes to legislative redistricting. Racially motivated redistricting must be held to narrow standards and compelling government interests.* Gerrymandering - draw to favor one over another.
Facts: Bipartisan Campaign Reform Act banned corp. and unions from independent political spending with 60 days of a generation elections or 30 days of a primary election. Also banned direct contributions from corp. to candidate campaigns of political parties. During 2008 primaries, Citizens United, a conservation non-profit organization, was prevented by the FEC from showing its anti-Hillary movie.
Holding: Political spending by advocating groups and PACS are protected by 1st amendment BCRA’s restriction are unconstitutional. Corp, unions, interest groups can raise and spend unlimited money in form of independent expenditures.
Constitutional Principle: Based on the 1st Amendment’s free speech clause, corp. have the rights to engage in political speech
Commerce Clause
WHAT IT IS: This clause gives Congress the power to regulate commerce (the buying and selling of goods) with foreign nations, several states and Indian tribes
IMPORTANCE: It is Congress' greatest power and they have control over the states' powers to regulate
-> This clause has helped balance the power between the federal and state gov'ts
-> This was put into the Constitution to give the federal gov't power to prevent states from creating ways to buy or sell against each other (Competition between states over products)
WHY WAS THIS CLAUSE ADDED TO THE CONSTITUTION:
This clause was added to the constitution in order to balance the power of the states. Since this clause is one of Congress' greatest powers it's a way for them to keep an eye out for the states to keep them in check.
Contracts Clause
WHAT IT IS: This clause prohibits states from interfering or passing a law that damages or weakens private contracts
-> Only applies to state legislation not court decisions or federal legislation
-> Can be applied to protect all sorts of everyday business dealings
-> This part of the Constitution also prohibits states from creating/distributing their own paper money and from regulating economic affairs
IMPORTANCE: Limits power of state gov't to intrude on people and on the federal gov'ts duties
-> Gives privacy to the people and federal gov't
WHY THE CLAUSE WAS ADDED TO THE CONSTITUTION:
Framers wanted to protect contracts between debtors and creditors because under the Articles Of Confederation laws were passed by state legislation to grant debt relief to one party. So to prevent this from happening they based this clause on a similar provision from the Northwest Ordinance that was in effect while the Constitution was being drafted.
Elastic (Necessary & Proper Clause)
WHAT IT IS: This clause states that Congress isn't limited to the powers that the Constitution itself states but is able to make laws necessary to make sure that their decisions or the powers given to them by the Constitution can be carried out
IMPORTANCE: This is one of the most powerful clauses in the Constitution
-> This clause gives Congress/federal gov't the flexibility to expand and grow over time (since the framers couldn't list and account for all the changes that would happen in the future)
-> Basically gives Congress more power than what is stated in the Constitution
WHY CLAUSE WAS ADDED TO THE CONSTITUTION:
The framers didn't know what the future held, but they did want to build a strong gov't that would last so they created this clause so that the gov't could change its law to adapt to how the future would be (ex: Internet, climate change, etc.)
Full Faith & Credit Clause
WHAT IT IS: This clause ensures that states honor the court judgements of other states
-> Can be used 3 different ways:
1. Can command a state to take jurisdiction (control) over a claim tha started in another state
2. Can determine which state's law should be applied when a case involves more than one state
3. Directs states to acknowledge and enforce court judgements from other states
IMPORTANCE: It helped ensure unity and respect for authority between the states
-> Prevents parties from moving to another state to escape enforcement of a judgement or to find a decision to a controversy already decided elsewhere (also known as forum shopping)
WHY THIS CLAUSE WAS ADDED TO THE CONSTITUTION:
The framers wanted to help prevent debtors from esaping their debts by fleeing to another state. But they also wanted to unify the new country while keeping the states the way they were without changing them. So through this clause all judgements by courts in state had to be honored and not ignored by other states
Supremacy Clause
WHAT IT IS: This clause states that the federal gov't in excercising any of the powers stated in the Constitution must prevail over any conflicting or inconsistent state excercise of power
-> Basically the Constitution/federal gov't is the supreme law of the land (country) and stands above all forms of law in the US
-> Means states can't regulate, control, or interfere with federal issues
-> Constitution or Federal law will win in any conflict between any state or local law (all states are limited as stated in Constitution and Federal law)
IMPORTANCE: This clause specifically states which powers the federal gov't has and does not have
-> US Supreme Court doesn't usually like to get involved unless there is a very clear conflict between federal and state law
WHY THIS CLAUSE WAS ADDED INTO THE CONSTITUTION:
The framers understood that the federal gov't was weak under the Articles Of Confederation. So by adding this clause to the Constitution, it guaranteed that no laws would get in the way of the goals of the Constitution
Equal Protection Clause
WHAT IT IS: This clause is part of the 14th amendment in the US Constitution and it states that no state can deny anyone within its jurisdiction (or territory)
-> Applies state, local, and federal gov'ts but for the federal gov't it applies through the Due Process Clause of the 5th Amendment
-> Inspired well known phrase, "Equal Justice Under Law"
-> Basically everyone will have the same protection of rights regardless of class
IMPORTANCE: It ensures that everyone is treated the same like others who are in similar circumstances or class as the individual
-> This clause was the main focus of the Civil Rights Movement after WW2 and provided the country with a starting point to discuss issues like inequality and discrimination
WHY THIS WAS ADDED TO THE CONSTITUTION:
When the Civil Rights Act of 1866 was passed the federal gov't was concerned that the states wouldn't comply with the act without the constitution's backing. So this clause was added to the constitution in order to prove and help enforce the act by applying the constitution to the states.
Establishment Clause
HAT IT IS: This clause is in the 1st Amendment in the US Constitution and prohibits the establishment of religion by Congress
-> Basically a limitation on Congress preventing it from passing legislation respecting an establishment of religion (NO NATIONAL RELIGION)
-> 2nd half of clause which includes the Free Exercise Clause which guarantees freedom from gov't interference in both private and public religious affairs of all kind and also prohibits the gov't from favoring any one religion over another
-> Doesn't prohibit gov'ts entry into religious areas to accommodate for religious practices to achieve the purpose of the Free Exercise Clause
IMPORTANCE: This clause is the basis of the separation between church (religion) and state (federal gov't)
-> Gives everyone the freedom of choice/free will to practice and observe any religion they believe in without the gov't interfering or forcing us into a religion
WHY THIS CLAUSE WAS ADDED TO THE CONSTITUTION:
This clause was added to the constitution because the Supreme Court believed that the protections of the Bill of Rights didn't apply to state gov'ts so by adding in the two religion clauses the Establishment Clause and the Free Exercise Clause it limited the state and local gov'ts as well.
Due Process Clause
WHAT IT IS: In this clause the 5th and 14th amendments each contain a due process clause. This clause deals with the administration of justice and acts as a safeguard from unpredictable or random denials of life, liberty or property
-> Prohibits gov't from depriving a person of their right to life, liberty or property w/o due process
-> Helped federal/state gov'ts adopt fairness standards to make sure people's rights aren't violated
-> When system fails to treat a person who is accused of a crime in a fair manner this means that the person's right to due process was violated
IMPORTANCE: This clause basically limits law enforcement to follow a certain process or else the entire case is thrown out and the accused is freed
-> Sets limits for the gov't (so we aren't like the USSR where there are no limits)
->W/O the Due Process we aren't a nation under the law but we are a nation at the mercy of the gov't (WHAT THEY SAY GOES)
WHY THIS CLAUSE WAS ADDED TO THE CONSTITUTION:
This clause was added because our country was based on the core meaning of "the Law of the Land" which dates back to the Magna Carta, the Due Process of Law ensures that the executive and judicial actions must be grounded in the law
Bill Of Attainder Clause
WHAT IT IS: This clause prohibits the federal and state gov't from passing a bill of attainder or ex post facto law
-> Bill of Attainder: Is an act of a legislature declaring a person or group of persons guilty of a crime & punishing them (often death) often w/o a trial = effect of the bill is to take away the targeted person's civil rights (life, liberty, or property)
->Basically the legislature is declaring a person guilty of a crime and punishing them w/o a trial
IMPORTANCE: This clause reinforces the separation of power by forbidding legislatures from performing judicial functions
-> Represents the concept of Due Process
WHY THIS CLAUSE WAS ADDED TO THE CONSTITUTION:
The framers forbade bills of attainder as a way to undo the English law or treason and to argue against the most serious historical instance of legislative tyranny by the national or state legislatures. The Framers believed that freedom from bills of attainder or the ex post facto laws were so important that they were the only two individual liberties that the constitution protected against both federal and state intrusion.
Ex Post Facto Clause
WHAT IT IS: This clause either changes the rules of evidence in a criminal case, alter the definition of a crime, increase the punishment for a criminal act, or punish an act that was legal when committed
-> EX POST FACTO LAWS are considered a sign of tyranny because it deprives people of a sense of what behavior will or will not be punished and allows for random punishment at the whim of the person in power = Deprive person of rights to due process of law
IMPORTANCE: With the constitution stating that no ex post facto law could be passed it guarantees that no one will be deprived of their right to due process from this type of act by the legislature
WHY THIS CLAUSE WAS ADDED TO THE CONSTITUTION:
The framers understood that by not prohibiting this kind of action gov't leaders could abuse their power so by stating in the constitution that no ex post facto or bill of attainder could be passed than it took away the variable of gov't leaders trying to abuse the power given to them
Free Exercise Clause
WHAT IT IS: This clause accompanies the Establishment clause of the 1st Amendment in the Constitution
-> Basically says that Congress can't create a law to establish one religion for the country and they can't prohibit anyone from excercising their observance of their religion
-> Prevents gov't from interfering with people's religious beliefs and forms of worship
IMPORTANCE: This means everyone has their choice on whether or not they observe their religion or believe in one or not
-> Freedom to choose religion
-> Not forced to worship or follow one religion by gov't
-> Applies to both federal and state gov'ts
WHY THIS CLAUSE WAS ADDED TO THE CONSTITUTION:
This clause was added to the constitution because of many cases that were appearing in court regarding people practicing their religious beliefs. As a way for the gov't to not interfere with and violate people's rights to freely practice their religious beliefs they added this clause along with the establishment clause to the 1st Amendment
Extradition Clause
WHAT IT IS: Also known as the Interstate Rendition Clause this clause states that criminals are to be brought back to the state where he or she has committed the crime. (Basically criminal who flees to another state has to be brought back to the state where he/she committed the crime when the state asks for them)
-> Procedure in order for criminal to be extradited:
1. Demand by an executive authority to the state where the fugitive fled
2. Evidence of charge and demand of extradition
3. Charge must be for treason, felony or other crime
4. Documents have to be certified by governor of state where the crime took place
5. State where fugitive fled must arrest fugitive and notify state demanding of fugitive's arrest
6. Person who asked for fugitive must take fugitive within 30 days of arrest
IMPORTANCE: This basically ensures that a criminal won't get away with the crime they committed just because they fled to a different state
WHY THIS CLAUSE WAS ADDED TO THE CONSTITUTION:
The framers compared the interstate rendition to international extradition. The purpose of this clause to them was to foster good behavior/trust between states and to prevent criminals from evading law enforcement.
3/5th Clause
WHAT IT IS: This was a compromise between delegates from the Southern States and the Northern States
-> Basically 3/5 of the southern slave population would count as citizens for their state which increased the states population which meant the number of representatives in that state increased = more power in gov't
-> Effects: Gave Southern states 1/3 more seats in Congress and 1/3 more electoral votes than if slaves were ignored = slaveholders interests dominated the gov't
IMPORTANCE: Through this clause it resulted in a civil war which eventually ended slavery
-> Also this was the first step in the slave movement which changed slaves from property to people
WHY THIS CLAUSE WAS ADDED TO THE CONSTITUTION:
The framers wanted to compromise on the issue of how slaves should be represented if they should at all.Through this compromise though some may say that it was pro slavery in reality this clause by tying both representation and direct taxation to appointment (the assignment of seats in a legislature or of taxes according to a certain plan) the framers removed any sectional benefit and any pro slavery suggestion from this ruling.
Fugitive Slave Clause
WHAT IT IS: This clause states that any runaway (fugitive) slaves need to be returned to the state from where they came from
-> Also known as the Slave Clause or the Fugitives From Labor Clause
-> Basically states that those who are under labor or service like slaves, indentured servants or apprentices who flee to another state need to be returned to their owner or state from where they came from
IMPORTANCE: This clause caused widespread resistance which though later led to the passing of the Fugitive Slave Act many Northern states began passing laws to avoid and counter this act by the Southern states.
->These clauses were the most controversial laws of the early 19th century and sparked lots of resistance and hate for slavery which caused the beginning of the slave movement against slavery
->Another section of this law stated that those accused of being fugitive slaves were not tried in regular courts but had their fate decided by special commisioners = more people upset in free states and they believed that this process violated a person's basic legal rights
-> This was part of the compromise between free and slave states which helped prevent the southern slave states from seceding
CASE EXAMPLES:
US v. Kozminski -> Issue: Does the protection from involuntary servitude guaranteed by the 13th Amendment extend to the use of pshychological coercion (mental pain) (SC Decision: No it doesn't extend because involuntary servitude had never extended to cover labor compelled by psychological coercion.)
-> To get a better understanding of the term (coercion) its basically defined by the conditions of servitude that the 13th Amendment was meant to eradicate which were conditions similar tothose of slaves before the Civil War
Importation Clause
WHAT IT IS: This clause states that any person that is imported or migrated to any state won't be prohibited by Congress prior to the year 1808 but a tax may be placed on that person its maximum tax being 10 dollars each
-> Basically Congress won't stop the trade but let it continue but would possibly tax the imported people up to 10 dollars max
IMPORTANCE: This clause is important because it didn't require Congress to end the slave trade and became the cause for belief by almost everyone at the Convention that the South would grow faster compared to the rest of the nation and have enough political power by the end of 1808 to make sure that no one can interfere with the slave trade.
-> Lots of opposition to clause on both sides though this was a compromise
-> 1st independent restraint on congressional powers
-> After the year 1808 Congress did vote and try to block the slave trade but it still continued for another 60 years
WHY THIS CLAUSE WAS ADDED TO THE CONSTITUTION:
The Framers added this clause to the constitution in order to protect the slave trade until 1808.
Amendment 1
WHAT IT IS: This amendment prohibits any law creating one national religion, impeding (hindering) the free excercise of religion, depriving the freedom of speech, violating the freedom of the press, interfering with the right to peacefully gather/protest, or prohibiting the right to make a complaint to the gov't (petition to gov't)
-> Basically the 1st amendment is the people's right to freedom of speech, religion, press, the freedom to protest and lastly to assemble peacefully
IMPORTANCE: This amendment allows citizens to express themselves and voice out their opinion w/o worry about the gov't arresting them or possibly killing them (fear for their life)
->Because of this amendment though we disagree with our gov't officials we are still protected
-> When the constitution was made this was revolutionary and the first of its kind since Great Britain didn't allow this back then
WHY WAS THIS AMENDMENT ADDED INTO THE CONSTITUTION:
When America was still a growing nation the citizens demanded a guarantee of their basic rights and freedoms by the framers who were creating the constitution and so the framers wrote this amendment in as the first because it was the blueprint of our society
Amendment 2
WHAT IT IS: This amendment protects the right of the people to keep and bear arms (keep and use weapons)
-> Also states that this right is for a well organized Militia in order to protect and secure a free state
-> State, local, and federal gov'ts are limited on how much they limit this right
IMPORTANT: This amendment is important because it states that people are allowed to keep and use weapons when necessary
-> But there has been a lot of debate on this amendments meaning because of the "well organized Militia" phrase
-> This amendment was most important because it was a way for people back then to protect themselves from a tyrannical gov't (Basically a way to keep the gov't in check in a way)
-> At the time (back then) militias were a group of local men who could use military force when it was an emergency (e.g. fighting off invasions from foreign powers, self-defense against Indian raids, and help with law enforcement) since America was still a growing country and there was no stable military or law enforcement yet
WHY THIS AMENDMENT WAS ADDED TO THE CONSTITUTION:
The framers wanted to keep the gov't in the hands of the people. Unlike the British who were not allowed to have weapons with which they could use against the King the framers wanted the citizens to have that right to own weapons for their protection and for the gov't itself to be in the hands of the people
Amendment 3
WHAT IT IS: This amendment places or restricts quartering soldiers in private homes w/o the owner's consent during times of peace
->Basically this amendment bans the keeping of soldiers in ones home during times of peace without the homeowner's consent
-> Way of balancing private property rights and the potential wartime need for military housing
IMPORTANCE: This amendment is important because it prevents the military from entering a civilian's private property
-> Limits the military use of private property unless needed or in regards for national security
-> Safeguards civilians home from military intrusion
WHY THIS AMENDMENT WAS ADDED TO THE CONSTITUTION:
Though this is isn't a big deal today this was a huge problem during the Revolutionary war because the British passed laws (Quartering Acts) that allowed soldiers to take over the homes of American colonists.So by the framers adding this amendment into the constitution it prevented any sort of military from invading American homes
Amendment 4
WHAT IT IS: This amendment prohibits unreasonable searches and seizures (taking) of property and requires a warrant by a judge who agreed with the claim and was supported by probable cause
-> Basically no one can be searched or have items taken from them without a valid cause
IMPORTANCE: This amendment is important because it keeps law enforcement in check and within certain parameters (borders) given by the law
-> Buffer between citizens and the intimidating power of law enforcement
-> Has 3 components:
1. Creates privacy interest by acknowledging the right of the citizen to be secure in their belongings
2. Protects privacy interests from UNREASONABLE searches and seizures w/o probable cause
3. No warrant can be issued by law enforcement unless it states the place, person and things that need to be taken
WHY THIS AMENDMENT WAS ADDED TO THE CONSTITUTION:
The framers added this amendment in response to their experience with British officials who took/collected their belongings for the King w/o any reasoning behind it. Tax collectors and officials were never questioned for taking an individual's items.
Amendment 5
WHAT IT IS: This amendment protects a person from having to witness against themselves in a criminal case(SELF INCRIMINATION)
-> Also known as "Pleading the fifth" a privilege that allows witnesses to decline answering a question
-> Basically this amendment is to protect someone from self incriminating and calls for law enforcement to give people their Miranda rights when arrested and brought in for questioning
IMPORTANCE: This amendment is important because it specifies legal safeguards for people that are accused criminally (basically protecting citizen's life, liberty and property
-> Has 5 distinct (clear) rights/liberties:
1. right to be charged by an impartial grand jury before being tried for a federal criminal offense
2. right to be free from multiple prosecutions or punishment for one criminal offense (No multiple trials for the same crime)
3. Right to remain silent when arrested for a crime
4. Right to have personal liberties protected by due process of law
5. Right to receive compensation when the gov't takes private property for public use
WHY THIS AMENDMENT WAS ADDED TO THE CONSTITUTION:
The framers created this amendment in response to the reaction of the Courts of Star Chamber by the British which beat the proof/confessions out of the suspected individual
Amendment 6
WHAT IT IS: This amendment guarantees a citizen the right to a speedy and public trial, a fair jury, a lawyer if the individual wants one, and the chance to know what crime they're being charged with and who the witnesses are that are speaking against them/accusing them
-> Basically,
1. speedy trial = person doesn't wait in jail for a long time before they are given a trial (e.g. 5 years wait)
2. public trial = state can't just lock the person up but the trial must be public so that its more fair
3. fair (impartial) jury = jury can't be biased or prejudiced against the individual
4. informed of what crime accused and who accused them = accused person has the right to know what they are being accused of and who is claiming that they did it
5. can obtain witnesses in their favor and have the assistance of counsel for defense = individual accused can ask or make anyone come to their trial to help his case this also means that if the accused wants a lawyer they could have one
IMPORTANCE: This amendment is important because it provides the framework for our criminal legal system
-> This gives the accused individual the chance to defend themselves and have a fighting chance against what is being accused against him/her and at the same time the system is fair
WHY THIS AMENDMENT WAS ADDED TO THE CONSTITUTION:
The framers added this amendment to the constitution because they wanted to protect people in America who were accused of a crime. They didn't want the people to suffer from the same abuses of power that the monarchy in England used.
Amendment 7
WHAT IT IS: This amendment guarantees a jury trial for civil cases and discourages courts from overturning a jury's findings of fact
-> Basically saying that most if not all civil cases will have a jury trial and that any findings found by a jury won't be reexamined at any other court in the US
IMPORTANCE: This amendment is important because it protects us from having our rights abused by the gov't and ensures that the gov't won't just put us into prison over flimsy charges which protects us from gov't tyranny
-> By allowing us to have a jury trial we can be tried with a jury of our peers who will ensure that the gov't actually has a real case against us and won't imprison or punish us without a good cause
WHY THIS AMENDMENT WAS ADDED TO THE CONSTITUTION:
In England the judges under the King were very biased and because of that the rulings were never fair. When King George got rid of trials by juries in the colonies the colonists were upset so in knowing that when the framers wrote the Bill of Rights they understood how important it was to have a fair court system. So by making sure that the right to have a jury trial was in the Bill of Rights it became a fundamental law of our country
Amendment 8
WHAT IT IS: This amendment prohibits the federal gov't from giving excessive bail/fines or cruel and unusual punishment
-> Also applies to states by SC Ruling
-> Basically the gov't can't give someone extreme fines or bail (doesn't mean bail will release an individual before a trial) and means that the gov't can't give cruel or unusual punishment (e.g. torture, burning at the stake, cruxifiction etc.)
IMPORTANCE: This amendment is important because again it helps protect us from a tyrannical gov't by prohibiting the gov't to impose excessive bail it means the gov't can't hold us for long periods of time. Without this amendment the gov't could just imprison people they don't like
->Important because this amendment can be used to challenge prison conditions (e.g. overcrowding, unsanitary, insuficient medical care, etc.) including them as cruel and unusual punishment)
-> SC Ruled death penalty is OK but that juveniles and those who are mentally retarded can't be put under the death penalty
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
Cruel and unusual punishments were part of the British gov't and were seen as unreasonable and were part of the reason for our revolution. So the framers added this to not only limit the power of the gov't but to also protect the rights of the citizens
Amendment 9
WHAT IT IS: This amendment states that there are other rights that individuals/citizens have that aren't listed in the constitution. But that doesn't mean that they can be violated
IMPORTANCE: This amendment is important because it maintains the rights of the people that aren't listed
-> Basically limiting the power of the federal gov't to make laws that make these rights illegal
-> Gives more power to the people and tells them they have more rights than those that were stated in the constitution
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
The framers added this amendment as a response to the fear of the Federalists that the gov't might be gaining more power over the people through the Bill of Rights and the Anti Federalists who wanted the Bill of Rights. The 9th amendment was a way for the gov'ts power to be limited but was also put in as a cautionary measure. This way the gov't couldn't take away the rights of the people though they weren't listed
Amendment 10
WHAT IT IS: This amendment states that the federal gov't only possesses the powers that were given to them by the constitution. The remaining powers are reserved to the states and/or the people
-> Basically the 10th amendment reserves to the states and the people all the powers that aren't given to the federal gov't by the constitution except for the powers that the states are forbidden to have as stated in the constitution
IMPORTANCE: This amendment is important because it restricts the amount of power that the federal gov't can have over the individuals of the US
-> Ensures that no gov't entity or body can take full control of the nation and that every gov't agency has another gov't agency behind them to balance their power out (CHECKS AND BALANCES)
-> Ensures that citizens get the majority of the power and control over a situation before the gov't is asked to step in to control the situation
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
The framers deeply distrusted gov't power and their goal was to prevent any type of gov't growth that was similar to the British. So by writing in the 10th amendment they emphasized the limited power that the federal gov't had. Therefore, the states and the people with small exceptions were free to continue exercising their power.
Amendment 11
WHAT IT IS: This amendment limits the power of federal courts to hear lawsuits against state gov'ts brought by the citizens of another state or the citizens of a foreign country
-> Also includes baring federal courts from hearing lawsuits instituted (started) by citizens of the state being sued and lawsuits started by the gov'ts of foreign countries
-> Basically the federal gov't can't hear lawsuits made by citizens of another state or country that are against the state gov't
IMPORTANCE: This amendment is importantbecause it gave state's sovereign immunity from being sued in federal court by a citizen from another state or country (basically can only be sued by someone in that state otherwise the state can't be sued by anyone out of state)
-> Prevents endless inconvenient/annoying suits and people from suing gov'ts in other states
->Sovereign immunity = only allows different states to sue each other
-> Also extends to people within the state as well
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
After the decision in Crisholm v. Georgia by the court there was a lot of people upset. As a result a senator put a proposal before Congress which became the 11th amendment. It was passed to stop a federal lawsuit from being brought against a state without its consent
Amendment 12
WHAT IT IS: This amendment provides the procedure for electing the president and vice president which is by the electoral college.
-> Basically this means that the electoral college elects the president. The bigger the state the more electors it has and then the electors all give their votes to the presidential candidate that wins the popular vote in each state (popular vote = total number of people that vote for each candidate)
IMPORTANCE: This amendment is important because it establishes voting protocols and procedures
-> It requires separate votes for candidates running for positions of president and vice president
-> It created a procedure if there was a tie which was basically give the House of Representatives the responsibility of choosing the candidates based on the votes received
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
This amendment was added to the constitution as a response to the election of 1800 and to fix the flaw. When Jefferson and Burr were elected they couldn't work together which led to violence between the two officers so with this amendment it made sure that there was a separate ballot for the president and the vice president.
Amendment 13
WHAT IT IS: This amendment abolished slavery and involuntary servitude except as punishment for a crime (e.g. community service) in the US
IMPORTANCE: This amendment is important because it ended slavery in all American states
-> No one had to work involuntarily unless as a punishment
CASE EXAMPLES:
1. Bailey v. Alabama -> Issue: Did the Alabama law violate the 13th amendment by convicting and sentencing Bailey to 136 days of hard labor under the Alabama peonage law (SC Decision: The court argued that the law was a restriction on personal rights and judged by its effect the law violated the 13th amendment)
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
When Abe Lincoln passed the Emancipation Proclamation at the start of the Civil War. He and other Republicans knew that it would only be temporary and didn't technically free and slaves. As a result knowing he didn't have enough legal authority to independently end slavery he used all his political influence and skill in campaigning for the passage of this amendment.
Amendment 14
WHAT IT IS: This amendment is one of the Reconstruction Amendments and deals with citizenship rights and equal protection of the law
-> This was proposed in response to issues related to former slaves following the Civil War
-> Basically this amendment guarantees African Americans citizenship and all its privileges (INCLUDES DUE PROCESS AND EQUAL PROTECTION CLAUSES)
-> Also this amendment has four sections:
1. Anyone born or naturalized in the US are citizens with full rights and privileges
2. Representatives will be given to states according to their numbers (if your 21 years old you can vote (CHANGED TO 18 NOW))
3. You can't be a part of the gov't or any gov't held position (higher ups) if you were a criminal or terrorist
4. The gov't will be the only one to pay for any damages regardless if the damage was done by terrorists, a rebellion, etc.
5. Congress has the power to enforce all the sections that were listed above
IMPORTANCE: This amendment is important because it finally gave African Americans the right to be citizens and have the same rights that everyone else had
-> Gov't couldn't violate the rights given to them
-> This amendment defines what being a citizen really means
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
This amendment was added into the constitution as a way to guarantee African Americans their rights after the civil war (Basically as ensurance and so that the Southerners wouldn't be left with the fate of former African American slaves
Amendment 15
WHAT IT IS: This amendment prohibits the federal and state gov'ts from denying a citizen their right to vote based on that citizen's race, color, or previous condition of servitude
-> Basically, gave African Americans the right to vote
IMPORTANCE: This amendment is important because it gave African American men the right to vote (starting point for African Americans to get their rights)
-> Though there were many ways to stop African Americans from voting (e.g. literacy tests, poll taxes, etc.)
-> Wasn't until 1965 when Voting Rights Act was passed that African Americans could really vote
-> Also gave African Americans the right to be elected to public office = passed laws that would help their community (e.g. integrate schools, inter-racial marriage, etc.)
WHY THIS AMENDMENT WAS ADDED TO THE CONSTITUTION:
This was during the time of radical reconstruction and lots of change was happening. African Americans had begun to join as a community to finally "fight" for their rights and this was the last of the reconstruction amendments to be passed. This was a huge time of change and lots of African Americans were supporting those who would grant them their rights.
Amendment 16
WHAT IT IS: This amendment allows the Congress to impose an income tax w/o dividing it among the states or basing it on the census (population)
-> Basically this amendment talks about income tax which is the tax that is charged on the money that you've earned through a job, from a business, from stocks or investments and/or rental property
-> Any income received, earned or made is taxed
IMPORTANCE: This amendment is important because it establishes one of the powers Congress is able to have
-> This tax is the primary source for where the gov't gets its income
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
Americans liked the idea of an income tax and wanted to especially tax the rich so following the lead of the people and after President Taft proposed a 2% tax on big corporations Congress wrote the 16th amendment and after reviewing and agreeing to the rules of income tax was sent to the states to be voted on.
Amendment 17
WHAT IT IS: This amendment states that there are 2 senators for each state who will serve 6 years in Congress. They each have one vote and anyone who can vote in their state elections can vote for their senator and if a senator leaves then the governor can appoint someone to fill the position as long as the state lets the governor to do this.
IMPORTANCE: This amendment is important because it allowed the people of each state to choose who would represent their state in the US Senate instead of State legislators choosing who would represent the state
-> Also provides a way for the states to fill in a senate seat if it becomes vacant during the middle of a term
-> Gave the people a voice
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
Before the 17th amendment was passed the Senate was known as "the millionaires'club" because to get in was through the legislature which were corrupt at the time so the Senate became who could buy their way in.This amendment was added to the constitution as a way to try and solve that problem along with the fact that the framers wanted state gov'ts to have some kind of role in the national gov't and get the people to believe in the system once again
Amendment 18
WHAT IT IS: This amendment basically prohibited alcoholic drinks by declaring the production, transport, and sale of alcohol illegal
-> Basically banned the sale and drinking of alcohol in the US
-> Also known as the Prohibition Era
IMPORTANCE: This amendment is important because it opened the doors to organized crime during the 1920s which resulted in aw enforcement being overwhelmed and later on caused the abolishment of this amendment
-> Only amendment that was abolished as stated in the 21st amendment
-> By prohibiting people from drinking this caused people to want to drink more = more violence and crime = more people arrested
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
This amendment was added because of the belief by religious activists that alcohol created problems and violence that affected American families. So this ammendment was a result of those activists and their desire to make a better society by outlawing alcohol
Amendment 19
WHAT IT IS: This amendment basically prohibits any US citizen from being denied the right to vote on the basis of their sex (male/female)
-> Basically giving/granting American women the right to vote
-> Also known as women's suffrage
IMPORTANCE: This amendment is important because it gives women the right to vote = same rights as men to get their voice heard
-> This is important because it led to a more democratic gov't since more people are properly represented
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
During this time the movement for women's rights was continously growing and when activists formed organizations it raised public awareness and helped sway the gov't into granting them (women) their right to vote
Amendment 20
WHAT IT IS: This is a simple amendment that sets the dates at which federal gov't elected offices end and states who takes over if the president dies
-> There are 5 sections:
Sections 1: After an election year the president and vp end their term on Jan. 20 while Congressmen end their term earlier on Jan. 3 (dates effective after an election year/towards end of a term)
Section 2: Congress starts to meet on Jan. 3 unless they pass a lwa that states otherwise
Section 3: VP is next in line for presidency and the VP may assume temporary Presidential authority/power if the President isn't able to fulfill his/her duties in office even for a few hours
Sections 4: In rare cases Congress may choose the next president if the electoral college fails to elect a president
Section 5: Sections 1 and 2 take effect on the 15th of October following the approval of this article (basically sections 1 and 2 dates are changed to October 15)
IMPORTANCE: This amendment is important because it gives guidelines or instructions for if anything happened (like a back up plan) its also important because it gives a specific date on when the elected officials in gov't have ended their term
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
This amendment was added to the constitution in response to "lame ducks" which meant that elected officials who weren't reelected were still elected so by adding this amendment in the constitution it got rid of this problem and also helps to ensure that there are fall backs to if and when a president is not able to fulfill his duties (possibly because of death)
Amendment 21
WHAT IT IS: This amendment repealed or abolished the 18th amendment of the constitution which prohibited the consumption and sale of alcohol.
-> It's the only amendment in all of the 27 amendments to repeal a previous amendment and was approved by state ratifying convention
IMPORTANCE: This amendment is important because it was the only amendment to abolish a previous amendment
-> Allowed states to set their own laws for licensing and the consumption of alcohol (Basically letting states regulate alcohol)
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
Due to the fact that support for prohibition (the banning of alcohol) was dwindling, costing billions and was difficult for law enforcement to enforce Congress passed this amendment in order to repeal/cancel out the 18th amendment. (This just goes to show how if you prohibit something the more people will try to do the opposite of what you tell them)
Amendment 22
WHAT IT IS: This amendment states the limit on how long the term of a president will be in office which is 4 years for one term
-> Limit number of terms is 2 (Basically 8 years in total)
IMPORTANCE: This amendment is important because it limits the power of a president and makes sure that they won't be a "President for life" which defeats the purpose of a democracy and won't abuse their power while in office
-> In other words it relates back to the idea of the checks and balances system keeping the president's power in order = no abuse and no one branch of gov't to powerful
EXAMPLES:
1. President FDR (Franklin D Roosevelt) was the only president to break this tradition by serving 4 terms or 16 years because of the crisis of WW2 and The Great Depression.
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
This amendment was added to the constitution to prevent a situtation where a President would act and become a dictator rather than a President. After President FDR who was the only one to serve 4 terms died lawmakers realized and felt that it was too much power to give to one man especially since they were the ones to nominate and assign judges in the Supreme Court
Amendment 23
WHAT IT IS: This amendment gives the residents of Washington D.C. the right to vote for representatives in the Electoral college though D.C. isn't a state
-> Specifically the amendment states:
SECTION 1: Washington D.C. can appoint as many electors in the Electoral College as if it were a state with the limit of 3 electoral votes regardless of the population. The status and position of the electors will be the same as other electors and holds the same amount of responsibility
SECTION 2: Congress has the authority to enforce this amendment
IMPORTANCE: This amendment is important because it gives the residents of D.C. the right to vote in federal elections and be represented in the electoral college which they didn't have the right to before.
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
When D.C. was only a starting city not that many people lived there but was known that the city would be where the center of the gov't would be. As years passed more people began to live within D.C. they had no real local gov't and had no right to vote since it was only a federal district. As a result to the growing population and the fact that the citizens living in the city had to pay taxes and serve in the military and had no right to vote the 23rd amendment was made as a way to solve this issue.
Amendment 24
WHAT IT IS: This amendment basically gets rid of poll taxes which were barriers put in place to stop voting and states that citizens have the right to elect their representatives in national, state, local and primary elections
-> Also gives Congress the power to enforce this amendment
IMPORTANCE: This amendment is important because it helped African Americans who wanted to vote to actually vote because there was nothing stopping them from voting anymore
-> Also important because it gave citizens the freedom and right to vote without having to worry about paying a tax just so that they could vote
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
This amendment was added into the constitution as a way to protect people specifically African Americans from barriers which hindered voting because during that time after slavery was abolished laws were placed to keep African Americans from voting and poll taxes were one example. This law ensured that barriers like the poll tax would be repealed so that no barriers would be kept and ensured citizens their right to vote
Amendment 25
WHAT IT IS: This amendment specifically states who takes over if the President dies or is unfit to fulfill his duties which is the Vice President
-> Specifically it states;
SECTION 1: The process where the VP becomes Pres. if the current Pres. dies, resigns, or is removed from office becomes official
SECTION 2: If the VP becomes vacant the Pres. can choose a new VP who must be voted and approved by COngress before the candidate can have the position
SECTION 3: The Pres. can make the VP temporary Acting Pres. w/ a written declaration which lasts until a 2nd declaration is made that ends this condition
SECTION 4: Emergency provision which allows the VP and members of cabinet to declare the Pres. unfit to carry out his duties as Pres.
IMPORTANCE: This amendment is important because it defines who will lead after something happens to the first president and ensures that there will always be someone to lead our gov'tif something does happen
-> Basically informing us who takes over and is in charge if anything or any situation comes up
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
This amendment was passed so that in case of emergencies if there was any situation the gov't knew what to do and how to transfer the power from the President to the VP and if needed to find a new VP and knew the specific process for that.
Amendment 26
WHAT IT IS: This amendment states that 18 year olds are able to vote
-> Specifically it states;
SECTION 1: Any American citizen who is 18 years old or above has the right to vote and participate in any election (Can't be stopped from voting because of age)
SECTION 2: Congress has the power to enforce this amendment and make sure that nothing prevents 18 year olds from voting or getting voting discrimination because of their age)
IMPORTANCE: This amendment is important because it dropped the voting age from 21 years old to 18 years old during the Vietnam war where young people couldn't vote yet but were sent off to fight and die for their country
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
During this time America was fighting in the Vietnam war and many young men were being drafted into the war and most weren't even 21 years old yet so they couldn't vote and decide that they didn't want to leave home, fight and die in a war that they didn't believe in. Congress added this amendment into the constitution as a response to student activism against the Vietnam War and to partially overrule the SC's decision in Oregon v. Mitchell
Amendment 27
WHAT IT IS: This amendment deals with pay raises or decreases for members of Congress
-> Specifically it states: that no law that would pay representatives more or less in salary or other income will be allowed to take effect until after there is another election
IMPORTANCE: This is important because it prevents members from Congress from granting or giving themselves a pay raise or other change in compensation w/o the consent of the American Public
-> the change in pay only happens after another election takes place
-> Only controls how a raise for members in Congress is implemented. Doesn't control pay increases for Congress due to the cost of living adjustments (also known as COLA)
WHY WAS THIS AMENDMENT ADDED TO THE CONSTITUTION:
This amendment was added into the constitution because its purpose was to limit the power of Congress to pass laws that would affect pay increases in their salaries. In this way this restriction helped Congress keep in mind the needs of the people of the US and not their own interests