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Supremacy Clause
Federal law is supreme over state law (Specifically the US Constitution, Treaties & Federal Laws are supreme over state laws and state constitutions.)
The Necessary & Proper Clause
This is the clause essentially allows for implied powers by expanding the power of Congress beyond it's enumerated/expressed ones, to also include other powers that are related to expressed/enumerated powers and might assist Congress in carrying out the expressed/enumerated ones.
Commerce Clause
Congress can regulate trade between nations, between states and among Indian tribes
Due Process Clause (14th Amendment)
State governments must observe fair procedures when they deny a person life , liberty, or property. (clause used to incorporate many of the Bill of Rights protections to the States)
Due Process Clause (5th Amendment)
The national government must observe fair procedures when it denies a person life, liberty, or property
Elastic Clause
Congress can exercise powers not specifically stated in the Constitution if those powers are "necessary and proper" for carrying out its expressed powers that are specifically stated
Free Exercise Clause
Congress cannot pass laws that ban freedom of worship (this applies to belief and to practice up to a point)
Ex Post Facto Clause
Congress cannot pass a law that punishes a person retroactively i.e. after the fact. In other words, a person cannot be punished for something he/she did that was not a crime when committed
Reserved Power Clause
Any power that is not granted to the national government, or denied to the states, automatically reverts to the states (the 10th Amendment!!!!)
Full Faith and Credit Clause
A state must recognize the validity of the public acts, records and court decisions of other states. For example, a state must recognize as valid the birth certificate issued by another state
Bill of Attainder Clause
Congress cannot pass a law that singles out a person or group for punishment without trial
Establishment Clause
Congress cannot establish an "official" religion (nor push or promote religion, or elevate one religion over another) creating, in effect, the separation of church and state (1st Amendment)
Suspension Clause / Habeas Corpus Clause
"The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." -- A writ of habeas corpus is an order by a court requiring the person holding a prisoner to demonstrate a legal basis for continuing to hold the prisoner.
Search and Seizure Clause
This is a protection against unreasonable search and seizure. found in the 4th Amendment. The authorities do not have a general power to search and arrest individuals at any time, at any place and in any manner, rather they can only do so according to specified procedures that must be "reasonable"
Takings Clause (Eminent Domain)
Government can take private property for a public purpose, but it must provide fair compensation to the owners of that property (located in the 5th Amendment, it restricts the government's power of eminent domain)
Marbury v. Madison (1803)
Established judicial review (the right to judge the constitutionality of laws)-under John Marshall, the 4th Chief Justice (a Federalist who worked to increase the powers of the federal government over states)
McCulloch v. Maryland (1819)
The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers
Brown v. Board of Education (1954)
The Supreme Court overruled Plessy v. Ferguson and declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.
Gideon v. Wainwright (1963)
Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.
Tinker v DesMoines Independent School District (1969)
SCOTUS ruled that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
United States v. Lopez (1995)
The national government's (specifically Congress) power under the commerce clause does not permit it to regulate matters not directly related to interstate commerce (in this case, banning firearms in a school zone)
New York Times v. US (1971)
The Supreme Court held that the government's urging of "security" did not trump the newspapers' freedom of press as guaranteed by the First Amendment. The Court held that in order to support an issuance of prior restraint, the government needs to prove that the newspaper publication would cause inevitable, direct, and immediate danger to the United States.
Baker v. Carr (1961)
Established "one man one vote". The ruling created guidelines for drawing congressional districts and guaranteed a more equitable system of representation to the citizens of each state.
Wisconsin v. Yoder (1972)
Compelling Amish students to attend school past the eighth grade violates the Free Exercise clause of the First Amendment.
Schenck v. United States (1919)
The freedom of speech protection afforded in the U.S. Constitution's First Amendment could be restricted if the words spoken or printed represented to society a "clear and present danger."
McDonald v. Chicago (2010)
The Second Amendment to the U.S. Constitution, which guarantees "the right of the people to keep and bear Arms," applies to state and local governments as well as to the federal government..
Shaw v. Reno (1993)
Legislative redistricting must be conscious of race and ensure compliance with the Voting Rights Act of 1965. If a reapportionment plan creates a district that is so irregular that the only reason for its creation is to separate voters based on race, then an Equal Protection challenge against that plan is valid.
Citizens United v. Federal Election Commission (2010)
Individuals, corporations, and unions can donate unlimited amounts of money to groups that make independent political expenditures to campaigns. Based on the 1st Amendment Freedom of Speech Clause.
Limited Government
The democratic ideal that suggests that certain restrictions should be placed on government to protect the natural rights of citizens.
Natural Rights
The democratic ideal that suggests that all humans are born with rights, which include the right to life, liberty, and property
Popular Sovereignty
The democratic ideal that proposes that it is the people who should hold absolute power
Social Contract
The democratic ideal that suggests people should give up some rights to their government in return for security
Declaration of Independence
The document that formally separated the United States from Britain and outlined the democratic ideals of the new country
Constitutional Convention
Meeting in 1787 of the elected representatives of the thirteen original states to form a new government
Brutus 1
A foundational document that says a large republic is inferior to small, locally-controlled states within a confederacy
Articles of Confederation
A foundational document that served as America's first government and provided sovereignty to the States
Shays' Rebellion
Rebellion in 1786 / 1787 that showed the weakness of the early federal government in maintaining order
Connecticut Compromise
System outlined by the Constitution that established two houses of Congress: the House of Representatives, in which representation is based on a state's share of the U.S. population, and the Senate, in which each state has two representatives.
Electoral College
System outlined by the Constitution that provides for a body of people representing the states of the US, who formally cast votes for the election of the president and vice president.
3/5 Compromise
System outlined by the Constitution that slaves would be worth 3/5 of a person for counting a State's population
Amendment Process for the Constitution
Requires a 2/3 vote in Congress or in a Constitutional Convention to propose, and a 3/4 vote by the states to be ratified
Concurrent Powers
The powers held jointly by the national and state governments.
Reserved Powers
Powers that the Constitution does not give to the national government that are kept by the states
Unfunded Mandates
Programs that the Federal government requires States to implement without Federal funding.
Categorical Grants
Federal grants given to states for specific purposes, such as for education programs
Block Grants
Federal grants given to states that leave most of the decisions about how the money will be used to the states
Civil Liberties
Constitutional freedoms guaranteed to all citizens
Bill of Rights
The first ten amendments to the Constitution
Prior Restraint
A government preventing material from being published.
Libel
A written defamation of a person's character, reputation, business, or property rights.
Slander
A spoken defamation of a person's character, reputation, business, or property rights.
Symbolic Speech
Using actions and symbols rather than words to convey an idea.
Commercial Speech
Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.
Probable Cause
Reasonable grounds for issuing a search warrant or making an arrest; more than mere suspicion.
Unreasonable Search and Seizure
Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th amendment.
Exclusionary Rule
A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct.
Self- Incrimination
The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.
Plea Bargaining
A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.
Cruel and Unusual Punishment
Governmental penalties against convicted criminal defendants which are barbaric, involve torture and/or shock the public morality.
Equal Protection Clause
Clause in the Fourteenth Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws.
Selective Incorporation Doctrine
Judicial doctrine that applies the Bill of Rights (one right at a time) to state and local governments by incorporating them into the concept of liberty in the 14th Amendment's Due Process Clause (which is binding on the states).
Engel v. Vitale (1962)
Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause.
Roe v. Wade (1973)
Certain state criminal abortion laws violate the Due Process clause of the 14th Amendment, which protects against state action the (implied) right to privacy in the Bill of Rights. Abortion cannot be banned in the 1st trimester, states can regulate the 2nd trimester, 3rd trimester - abortion is illegal except to save the life of the mother
1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
2nd Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
3rd Amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
4th Amendment
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, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
5th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
6th Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
7th Amendment
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
9th Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed due process and equal protection of the laws.
Civil Rights
Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.
Reconstruction Amendments
Three amendments (13th, 14th, and 15th), adopted after the Civil War from 1865 through 1870, that eliminated slavery (13), gave blacks the right to vote (15), and guaranteed due process rights for all (14).
13th Amendment
Abolished slavery and involuntary servitude, except as punishment for a crime.
15th Amendment
Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude.
19th Amendment
Extended the right to vote to women in federal and state elections.
24th Amendment
Eliminated the poll tax as a prerequisite to vote in national elections.
Scott v. Sandford, 1857 (Dred Scott Case)
Supreme Court case between a freed slave and his master. The slave left Missouri for Illinois, where he was free, and then returned to Missouri, where he claimed he should remain free. The Court ruled against him, finding that the Constitution only referenced African-Americans as property, not people/citizens, so he had no right to bring the case.
Plessy v. Ferguson (1896)
Legalized segregation in publicly owned facilities on the basis of "separate but equal."
Obergefell v. Hodges (2015)
Ruled that same-sex couples have a constitutional right to marry.
Civil Rights Act of 1964
This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.
Voting Rights Act of 1965
A law designed to help end formal and informal barriers to African-American suffrage
Americans with Disabilities Act of 1990
A law that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment.
Suffrage
the legal right to vote
Title IX of Education Act of 1972
Prohibited gender discrimination in federally funded education programs
Poll Tax
A requirement that citizens pay a tax in order to register to vote
White Primary
A state primary election that restricts voting to whites only; outlawed by the Supreme Court in 1944.
Comparable Worth
The issue raised when women who hold traditionally female jobs are paid less than men for working at jobs requiring comparable skill.
Affirmative Action
A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities
Martin Luther King Jr.
U.S. Baptist minister and civil rights leader. A noted orator, he opposed discrimination against blacks by organizing nonviolent resistance and peaceful mass demonstrations. He was assassinated in Memphis, Tennessee.
"Letter from a Birmingham Jail," 1963
Martin Luther King, Jr., wrote on April 16, 1963. In the letter, King defended the nonviolent protests that he participated in for the fight against racial injustice
Congress
Common Name for The Legislative Branch
Senate
The upper house of Congress, consisting of two representatives from each state
House of Representatives
The lower house of congress based on state population
Constituencies
A body of voters in a specified area who elect a representative to a legislative body.
Coalitions
A combination or alliance, especially a temporary one between persons, factions, states
Formal Powers of the President
Veto power, command armed forces, pardoning power, appointment powers, make treaties, convene Congress
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