FCLE review

Amendment 1

Freedom of Religion, Speech, Press, Assembly, and Petition

Amendment 2

Right to Bear Arms

Amendment 4

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause

Amendment 5

Grand Jury, Double Jeopardy, Self Incrimination, Due Process, no taking of private property for government use

Amendment 6

Right to Speedy Trial by Jury, Witnesses, Counsel

Amendment 8

Excessive Fines, Cruel and Unusual Punishment

Amendment 14

Citizenship Rights, Equal Protection, Apportionment

Amendment 19

Wamens can vote don’t ask why the fuck it took this long

Magna Carta

Magna Carta was the first document to put into writing the principle that the king and his government was not above the law. It sought to prevent the king from exploiting his power, and placed limits of royal authority by establishing law as a power in itself

Judicial Review

The actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary

Federalist papers 10

an essay arguing for the ratification of the U.S. Constitution. Madison contends that a strong, large republic best controls the damage caused by political factions—groups with interests contrary to the rights of others

Federalist papers 51

explains how the U.S. Constitution's structure creates a system of checks and balances and a separation of powers to prevent tyranny

Articles of Confederation

The article did not allow for raising an army or collecting taxes. We needed 16th amendment added, to give Congress the power to collect income taxes

Brown v. Board of Education, 1954

Separate but equal educational facilities for racial minorities is inherently unequal, violating the Equal Protection Clause of the Fourteenth Amendment

Plessy. Ferguson, 1896

Justice Brown conceded that the 14th Amendment intended to establish absolute equality for the races before the law, but held that separate treatment did not imply the inferiority of African Americans. Coined term separate but equal

Gibbons v. Ogden Commerce Clause, 1824

regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power reserved to and exercised by the Congress under the Commerce Clause.

McCulloch v. Maryland National Bank, 1819

Chief Justice Marshall noted that Congress possessed powers not explicitly outlined in the U.S. Constitution. Marshall redefined “necessary” to mean “appropriate and legitimate,” covering all methods for furthering objectives covered by the enumerated powers. Marshall also held that while the states retained the power of taxation, the Constitution and the laws made in pursuance thereof are supreme and cannot be controlled by the states.

Gideon v. Wainwright, 1963

The Sixth Amendment's guarantee of a right to assistance of counsel applies to criminal defendants in state court by way of the Fourteenth Amendment. In a unanimous opinion the Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own.

Mapp v. Ohio, 1961

that all evidence obtained by searches and seizures in violation of the Fourth Amendment is inadmissible in a state court.

Engel v. Vitale, 1962

The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion. (BC we all know prayer is code for Christ crap)

Separation of Church and State

The government cannot have an official religion or push Christian crap on people

Miranda v. Arizona, 1966

The Fifth Amendment requires that law enforcement officials advise suspects of their right to remain silent and to obtain an attorney during interrogations while in police custody

Schenck v. the United States, 1919

Articulating for the first time the “clear and present danger test,” Holmes concluded that the First Amendment does not protect speech that approaches creating a clear and present danger of a significant evil that Congress has power to prevent

West Virginia State Board of Education and Barnette, 1943

the Court found that the First Amendment cannot enforce a unanimity of opinion on any topic, and national symbols like the flag should not receive a level of deference that trumps constitutional protections

Texas v. Johnson, 1989

The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature. The fact that an audience takes offense to certain ideas or expression, the Court found, does not justify prohibitions of speech. The Court also held that state officials did not have the authority to designate symbols to be used to communicate only limited sets of messages

District of Columbia. v. Heller, 2008

The ban on registering handguns and the requirement to keep guns in the home disassembled or nonfunctional with a trigger lock mechanism violate the Second Amendment.The Court held that the first clause of the Second Amendment that references a “militia” is a prefatory clause that does not limit the operative clause of the Amendment. Additionally, the term “militia” should not be confined to those serving in the military, because at the time the term referred to all able-bodied men who were capable of being called to such service. To read the Amendment as limiting the right to bear arms only to those in a governed military force would be to create exactly the type of state-sponsored force against which the Amendment was meant to protect people

United States v. Nixon, 1974

The Court held that neither the doctrine of separation of powers, nor the generalized need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified, presidential privilege. The Court granted that there was a limited executive privilege in areas of military or diplomatic affairs, but gave preference to "the fundamental demands of due process of law in the fair administration of justice

Executive privilege

the power claimed by the U.S. President and high-level executive branch officials to keep certain internal communications, documents, and discussions secret from the legislative and judicial branches. It is not written directly in the U.S. Constitution, but is based on the separation of powers

Watergate Scandal

operatives associated with Nixon's 1972 re-election campaign were caught burglarizing and planting listening devices in the Democratic National Committee headquarters at Washington, D.C.'s Watergate complex. Nixon's efforts to conceal his administration's involvement led to an impeachment process and his resignation in August 197

Marbury v. Madison, 1803

Established the law of judicial review

Hazelwood v. Kuhlmeier, 1988

the Court held that the First Amendment did not require schools to affirmatively promote particular types of student speech. The Court held that schools must be able to set high standards for student speech disseminated under their auspices, and that schools retained the right to refuse to sponsor speech that was "inconsistent with 'the shared values of a civilized social order.'" Educators did not offend the First Amendment by exercising editorial control over the content of student speech so long as their actions were "reasonably related to legitimate pedagogical concerns.

Requirements to become House representative

25 min age 7 years citizen

Requirements to become Senate Representative

30 year age minimum 9 years citizen

Bush v gore 2000

3/5 compromise

three out of every five enslaved people or 60% of slaves would be counted for state population totals

Tinker V des moines 1969

The Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property. In order to justify the suppression of speech, the school officials must be able to prove that the conduct in question would "materially and substantially interfere" with the operation of the school

Establishment Clause

Congress cannot make laws that respect an establishment of religion

Free Exercise Clause

Protects people's rights to practice any faith or no faith at all without government limits.

During the 6th century B.C.E., the ancient Athenians divided the powers of their government between two assemblies and guaranteed certain political rights to all male citizens. How do these political reforms best illustrate how societies develop

by limiting government authority

Which article of the U.S. Constitution grants the power to coin money, make treaties, and levy import duties

Article 1

Article 3

Gives Congress the power to make lower federal courts, sets lifetime terms for judges, defines federal court jurisdiction, and explains the crime of treason.

Article 4

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof

Article 5

Ammendmnet Process

Article 6

Debts, Supremacy clause

Article 7

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same

Best Descriptor for Preamble of Constitution?

Governments are accountable to citizens they rule over

Which philosophical movement represents US Constitution

Enlightenment

Author of Consitution

Madison

Great Compromise

Establi8shed a two-part Congress. Large states got power based on population in the House, while small states got equal votes in the Senate