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Federalist #10
arguing for ratification and deals with factions
Federalist #51
government must have checks and balances and separation of powers
Federalist #70
Executive Branch must be created for a strong central government (Hamilton)
Federalist #78
judicial branch/judicial review
Declaration of Independence
formally announced the 13 original colonies were separating from Great Britain, listing grievances against King George III
signed in 1776
Articles of Confederation
the first U.S. Constitution which created a weak national government with most power in the states- lacked the ability to regulate tax/trade
Article 1 of the Constitution
legislative branch
Article 2 of the Constitution
executive branch
Article 3 of the Constitution
judicial branch
Article 4 of the Constitution
states rights and reserved powers
Article 5 of the Constitution
amending process
Article 6 of the Constitution
supremacy clause
Article 7 of the Constitution
ratification
Letters from Birmingham Jail
letter by MLK Jr. defending nonviolent protest and arguing that individuals have a moral duty to disobey unjust laws
Brutus #1
opposition to the U.S. Constitution
McCulloch v Maryland (1819)
confirmed implied powers and ruled states cannot tax the national bank
U.S. v Lopez (1995)
limited Congress’s Commerce Clause power; gun free school zones exceed federal authority
Engel v Vitale (1962)
school led prayer in public schools violates the Establishment Clause
Wisconsin v Yoder (1972)
Amish students can be exempt from schooling past 8th grade for religious reasons
Tinker v Des Moines (1969)
students have free speech rights in school if it does not disrupt learning
New York Times v U.S. (1971)
protected press freedom; government cannot block publication of Pentagon Papers
Schenck v U.S. (1919)
established “clear and present danger” limit on free speech
Gideon v Wainwright (1963)
guaranteed right to an attorney in criminal felony cases
Roe v Wade (1973)
womans right to privacy
Gitlow v New York (1925)
applied first amendment protections to states through incorporation doctrine
McDonald v Chicago (2010)
applied second amendment right to bear arms to states (due process)
Plessy v Ferguson (1896)
upheld “separate but equal”, legalizing segregation
Brown v Board of Education I (1954)
ruled segregation in public schools unconstitutional
Brown v Board of Education II (1955)
ordered desegregation to proceed with deliberate speed
Buckley v Valeo (1976)
upheld limits on campaign contributions but allowed unlimited personal spending
Citizens United v FEC (2010)
ruled corporations and unions can spend unlimited money on political speech
popular sovereignty
the idea that government gets its power from the people
federalism
a system of government where power is divided between a national government and state governments
separation of powers
a system that divides government into three branches (legislative, executive, and judicial) so no single branch has too much power
House Representation (how, term)
by people, 2 years
Senate Representation (how, term)
state legislation, 6 years
President Representation (how, term)
electoral college, 4 years
Courts Representation (how, term)
president/Senate, life
checks and balances
a system where each branch of government can limit the power of the other branches to prevent any one from becoming too powerful
judicial review
power of the Supreme Court to declare laws or acts as unconstitutional
limited government
a principle that government power is restricted by law and the Constitution so it cannot become too powerful and must respect individual rights
1st amendment
protects freedoms of religion, speech, press, assembly, and petition
2nd amendment
the right to bear arms
3rd amendment
no mandatory quartering of soldiers
4th amendment
no unreasonable search and seizure
5th amendment
the right to remain silent- protection from self-incrimination and double Jeopardy, guarantees due process of law
6th amendment
Habeus Corpus- right to be informed of charges, right to a fair and speedy trial, right to an attorney
7th amendment
right to a trial by jury
8th amendment
no cruel and unusual punishment
9th amendment
protected rights not listed in the Constitution
10th amendment
states rights
11th amendment
suits against states
12 amendment
President and VP are elected through the Electoral College
13th amendment
abolishes slavery
14th amendment
equal protection
15th amendment
right to vote regardless of race
16th amendment
income tax
17th amendment
established direct elections of U.S. Senators by the people
18th amendment
prohibition of alcohol
19th amendment
right to vote regardless of sex
20th amendment
moves inauguration dates and says what happens if a president-elect dies or is unable to take office before being inaugurated
21st amendment
repeals prohibition of alcohol
22nd amendment
2 term limit for the president
23rd amendment
D.C. suffrage
24th amendment
no poll tax
25th amendment
replacing dead/disabled president
26th amendment
moves voting age to 18
27th amendment
congressional salaries
amending process
2/3 vote in both houses, ratified by ¾ of the states
Virginia Plan
proposed at the Constitutional Convention, called for a strong national government based and representation in Congress based population
*favored large states
New Jersey Plan
proposed at the Constitutional Convention, called for a strong central government and equal representation for all states in Congress
*protected small states
Connecticut Compromise (Great Compromise)
an agreement that created bicameral legislature- House of Representations based on population, Senate based on equal representation for each state
3/5’s Compromise
counted slaves as 3/5’s of a person for representation in Congress and tax purposes
slave trade
an agreement at the Constitutional Convention that allowed Congress to regulate trade but prevented it from banning the importation of enslaved people (for 20 years until 1808)
suffrage
the right to vote in elections
commerce and trade
the exchange of goods and services especially between states or countries
Congress has the power to regulate economic activity under the Commerce Clause
Free Exercise Clause
protects people’s rights to practice religion freely without government interference
Establishment Clause
prevents the government from establishing an official religion or favoring on religion over another
Lemon Test
3-part test used by courts to decide if a law violates the Establishment Clause
it must have a secular purpose
it must not advance/inhibit religion
it must not cause excessive government entanglement with religion
Clear and Present Danger
allows the government to limit speech if it creates a serious and immediate threat of harm or illegal action
*from Schenck v U.S.
Symbolic Speech
nonverbal actions that express ideas or opinions, most protected by the 1st Amendment
No Prior Restraint
government action that stops speech or publication before it happens, which generally is unconstitutional under the 1st Amendment
Assembly
the 1st Amendment right for people to gather peacefully in groups for protests, meetings, or demonstrations
due process
requires just and fair treatment of everyone, regardless of background, if their life, freedom, or property is at risk
Ex Post Facto
a law that imposes criminal liability or increases criminal punishment retroactively
double jeopardy
you cannot be tried twice for the same crime for the same offense
habeus corpus
there must be a valid legal reason for a person to be detained
bills of attainder
a law that punishes a specific person or group without a trial
exclusionary rule
if police get illegally find evidence it cannot be used in court (decided by Mapp v Ohio)
selective incorporation
process by which the Supreme Court applies the Bill of Rights to the States, on a case-by-case basis (based on 14th amendment)
Lemon v Kurtzman
created the Lemon test, used to decide if a government action involving religion is constitutional
Texas v Johnson
burning the American flag is a protected symbolic speech
Near v Minnesota
prior restraint is unconstitutional- the government cannot censor a newspaper before it publishes
Mapp v Ohio
evidence found illegally cannot be used in court
National Supremacy Clause
the Constitution is the supreme law of the land
enumerated (delegated) powers
powers specifically written in the Constitution
implied/expressed power
The phrase implied powers refers to the abilities and powers that a government branch has that are not explicitly stated in the U.S. Constitution but are suggested to be applicable in some or all cases
Reserved Powers
powers that belong only to the states
Concurrent Powers
powers shared by both the federal and state governments
Denied Powers
powers that one part of the government gets