The Constitution Test 12/10

Article 1

about making the law, the legislative branch, necessary and proper clause, McCulloch v Maryland, Gibbons v Ogden

Necessary and proper clause

allows congress the ability to make laws or to act where the constitution doesn't give it authority to act.

McCulloch v Maryland

government court case that discussed whether Congress could incorporate a bank of the United States; the court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government.

Gibbons v Ogden

court case from early 1800's, right after Mcculloch; Congress has power to regulate commerce and federal law takes precedence over state laws

Article 2

implementing the law (executive branch)

Executive privilege

the authority of the President to withhold documents or information in his possession or in the possession of the Executive Branch from the Legislative or Judicial Branch of the government

Emergency powers

power of president to be able to do anything, even unconstitutional, while under emergency situations

US v Nixon

the Court held that the President does not have executive privilege in immunity from subpoenas or other civil court actions.

Article 3

interpreting the law (judicial branch)

Marbury v Madison

the Supreme Court, for the first time, struck down an act of Congress as unconstitutional; decision created judicial review and est. the Supreme Court of the United States as chief interpreter of the Constitution

Article 4

relations between states, full faith and credit clause, privileges and immunities clause, extradition clause

Full faith and credit clause

states must respect and acknowledge other states' rules and documents

Privileges and immunities clause

deals with how a state deals with individuals from other states; individuals are subject to the laws of the state they are in

Extradition clause

if an individual commits a crime in Illinois then flees to another state, the state is expected to return them to Illinois for trial

Article 5

amending the constitution

Article 6

relations between national and state governments, supremacy clause

Supremacy clause

when there is a contradiction between national and state law, the national law is supreme over the state

Article 7

ratification of the constitution

Bill of Rights

first ten amendments of the constitution.

Amendment 1

right to religion, expression, assembly

Establishment clause

defined as separation between church and the state, traditional practices like "In God We Trust" on money, "Under God" in the pledge of allegiance, and prayer to open congressional sessions.

• Engle v Vitale

(1962) court outlawed official school prayer on the grounds that it favored one religion (in this case Chrisitanity) or all others. Prior to this decision, the government cannot establish an official religion. Following this decision, the government cannot favor one religion over the other.

• Tinker v Des Moines

(1969) the right of public school students to express themselves through symbolic means; allowed public school students to wear armbands in protest of the Vietnam War

• Texas v Johnson

burning of the American flag is an act of symbolic speech and is therefore protected by the 1st Amendment.

Imminent lawless action

ties in with Brandenburg v OH; whatever is said will result in imminent action

Brandenburg v OH

free speech can be limited if what you are saying is intended to incite a violation of the law that is both imminent and likely

Amd 2

right to bear arms

Heller v DC

(2008) 2nd Amendment protects right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes (ex: self-defense at home); opens the path for concealed carry

Amd 3

quartering troops

Amd 4

no unreasonable search and seizure

Exclusionary rule

illegally seized evidence may not be used in court

Mapp v OH

illegally seized evidence may not be used in court (exclusionary rule)

Terry v OH

officer may stop and detain an individual based on reasonable suspicion of involvement in a punishable crime; if it is suspected reasonably that the person is armed, officer may "pat down" person

Amd 5

no self-incrimination, no double jeopardy, eminent domain, Miranda v. AZ, Kelo v. New London

Self-incrimination

allows for "pleading the fifth", or refusing to answer a question in court

No Double Jeopardy

cannot be tried more than once for a particular incident or crime

Eminent domain

government's authority to seize private property for public uses; must justly compensate for possession that is taken

Miranda v AZ

Court ruled that before a person is questioned for crime, they must be informed of their rights. This is calling the "Miranda Warning"

Kelo v New London

Supreme Court ruled that transfer of land from one private owner to another to further economic development is permitted as an exercise of eminent domain. Court held that general benefits a community enjoyed from economic growth qualified redevelopment plans as permissible "public use" under the Takings Clause

Amd 6

trial rights of people accused of committing a crime; what a fair trial involves: Right to public trial, Speedy trial, Trial by jury of peers, Right to present defense witnesses, Right to cross-examine adverse witnesses, Right to a lawyer

Gideon v Wainwright

unanimous decision that state courts are required, under the 6th amendment, to provide counsel (an attorney) in criminal cases for defendants who are unable to afford to hire one on their own

Amd 8

cruel and unusual punishment

Furman v Georgia

capital punishment found to be unconstitutional because it was being used in a racially biased way; Court found that blacks who killed whites were far more likely to receive the death penalty than whites who killed blacks

Gregg v Georgia

capital punishment is not inherently cruel and may be administered fairly; juries may be racially biased, therefore they are no longer used to determine sentences

Amd 9

all of the people's natural rights are protected even if they are not explicitly stated

• Griswold v CN

states had no right to ban contraception for married couples

• Roe v Wade

the Supreme Court decided that the right to privacy implied in the 9th Amendment protected abortion as a fundamental right

• Cruzan v Missouri

The court found that Missouri law did not give Nancy Cruzan's parents, as guardians, the right to authorize the termination of her nutrition and hydration; established that individuals have the right to a natural death

Amd 10

reserved powers

Amd 13

abolish slavery

Amd 14

citizenship of those born in US

Amd 15

freedmen voting

Amd 19

women vote

Amd 20

inauguration date moved up

Amd 22

president only has 2 terms

Amd 24

no poll tax on voting

Amd 25

government succession

Amd 26

18-year-olds vote

Direct Democracy

Aristotle, used in ancient athens; all people directly influence public policy (attending meetings,etc)

Indirect Democracy/Republic

Plato's idea; voters choose delegates to create the laws of government- what the United States uses; also known as the republic

Unitary system

national government breaks apart government into as many states or provinces as they want; national government tells these states what to do

Confederal system

the smaller governments within a larger political unit have the major power, and the central government has very limited powers

Federal system

a system of government in which the same territory is controlled by two levels of government

Separation of powers

the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another

Checks and balances

principle of government under which separate branches are empowered to prevent actions by other branches and are induced to share power.

Declaration of Independence

the Declaration of Independence states the principles on which our government, and our identity as Americans, are based

Articles of Confederation

creates a confederal government (opposite of unitary system); many independent sovereign states who have the power; states create the national government and tell it what to do; consequence of a weak government is riots and rebellion and the economy cannot be regulated

Philadelphia convention

The gathering that drafted the Constitution of the United States in 1787

Pluralism

anticipates that people with different interests, beliefs, and lifestyles will coexist peacefully and be allowed to participate in the governing process.

Bicameral

having two houses or branches of legislation

Express (enumerated) powers

powers of the national government explicitly listed in the Constitution.

Implied powers

political powers granted to the United States government that aren't explicitly stated in the Constitution.

War Powers Act

a U.S. federal law designed to limit the president's ability to engage in military actions without Congressional approval; requires the president to notify Congress within 48 hours of deploying armed forces and restricts military operations to 60 days (with a 30-day withdrawal period) unless Congress authorizes an extension.

De facto segregation

people are separated by race but not as a result of a law or policy

De jure segregation

people are separated by race because a law or policy requires it