Studied by 16 people
Brown vs. Board (1954)
14th amendment: equal protection clause
Supreme Court decision that overturned the Plessy vs. Ferguson decision (1896)
Citizens United vs. FEC (2010)
Background: Citizens United want to drag Hillary Clinton through the mud by airing Hillary movie ads close to the primaries and FEC said no it was brought to SCOTUS
Clause: Freedom of Speech
Decision: Money is a form of speech and companies are allowed to donate to campaigns freely (independent Expenditure)
Engel vs. Vitale (1962)
1st amendment - establishment clause (no law can be made respecting an establishment of religion or prohibiting the free exercise of)
Case that said organized prayer is unconstitutional in school.
Gideon v. Wainwright (1963)
6th amendment: right to representation
5th and 14th amendment: no state shall deprive any person of life, liberty, or property without due process
Counsel must be provided in felony cases
Marbury vs. Madison (1803)
Article III, Section 2, Clause 2: Supreme court has original jurisdiction in cases affecting ambassadors, ministers, and consuls
Established judicial review
Judiciary acts of 1789 and 1803: Congress's restructuring of courts
McCulloch v. Maryland (1819)
Background: The federal government placed a national bank in the state of Maryland and Maryland thought they had the power to tax it.
Clause:
Necessary and Proper Clause
Supremacy Clause
Decision:
The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank
McDonald vs. City of Chicago (2010)
Background: The case challenged Chicago's handgun ban, asserting that the 2nd Amendment right to bear arms is applicable to the states through the 14th Amendment's Due Process Clause.
Clause: 14th amendment Due Process (selective incorporation)
Decision: The Supreme Court ruled that the right to keep and bear arms is fundamental and must be protected from state infringement. This ruling extended the Second Amendment's reach to state laws, affirming individual gun ownership rights.
New York Times vs. Us
Background: This landmark case involved the Nixon administration's attempt to prevent the New York Times from publishing the Pentagon Papers, which detailed the United States' political and military involvement in Vietnam.
Clause: 1st amendment: free press
Limited the governments "prior restraint" of the press and can't silence the press preemptively
Decision: The Supreme Court ruled that the government could not prevent the publication of the Pentagon Papers, emphasizing the importance of free press in a democratic society.
Schenck vs. US (1919)
1st amendment: free speech
Speech can be limited if there is a "clear and present danger"
Shaw vs. Reno (1993)
Background: This case arose from North Carolina's congressional redistricting plan, which aimed to create a majority-black district in response to the Voting Rights Act. The plan was challenged on the basis that it was an unconstitutional racial gerrymander.
Clause: 14th amendment: equal protection clause.
Decision: The Supreme Court ruled that redistricting based on race must meet a strict scrutiny standard, and that the North Carolina plan was unconstitutional as it was motivated predominantly by race, which violated the Equal Protection Clause.
Tinker Vs. Des Moines (1969)
1st amendment: free speech
Students retain their constitutional right to freedom of speech even in public schools
US vs. Lopez (1995)
Background: The case revolved around a high school student who brought a gun to school, leading to charges under the Gun Free School Zones Act. The question was whether Congress had the authority to enact this law under the Commerce Clause.
Clause: Commerce Clause
. Decision: The Supreme Court ruled that the Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce, thus limiting the scope of federal power.
Wisconsin vs. Yoder (1972)
14th amendment: equal protection and due process
1st amendment: free exercise clause
Amish children can leave public schools after the 8th grade. States interests don't outweigh the religious rights of the Amish.
Baker vs. Carr (1962)
Background: This case challenged the constitutionality of Tennessee's legislative apportionment, which had not been updated since 1901, resulting in unequal representation.
Clause: the 14th Amendment's equal protection clause.
Decision: The Supreme Court ruled that federal courts have the authority to hear cases related to legislative apportionment, and it established that unequal districts could violate the Equal Protection Clause.
Direct Democracy
allows citizens to directly govern and make laws. It is considered a chaotic and inefficient system, especially in societies with large populations. It also has significant risks like the majority violating the rights of the minority.
Participatory democracy
values broad based public participation in governing. In theory, it keeps government closest to the people and their opinions.
Representative democracy/republicanism
is a theoretically more efficient system that allows citizens to elect representatives who then govern for them. It allows a smaller and more manageable group to make decisions more quickly. Republicanism retains important elements of broad public participation in government while making governing less chaotic and more efficient.
Elite democracy/elitism
favors allowing the best educated and most qualified members of society to govern in the best interests of the country. This system favors having a small group of the best-informed people to govern.
Majoritarian democracy
promotes majority rule. It places power in the hands of the majority and allows them to govern based on their ideals, and values efficiency in governing and decisive elections. Critics of majoritarian democracy argue that majorities can easily violate the rights of minorities if sufficient safeguards are not in place. They also argue that majoritarian democracy’s winner-take-all elections make politics a zero-sum game where candidates and groups are encouraged to do whatever it takes to win.
The Declaration of Independence
created by the Second Continental Congress on July 4, 1776, declares the British Colonies in North America to be a free and independent country. Authored by Thomas Jefferson and others, the Declaration of Independence relies heavily on the concepts of Natural Rights, Popular Sovereignty, and Social Contract Theory to argue that the former colonies are empowered to create their own government because of the abuses suffered under British rule.
Natural rights
These rights are inherent to all individuals and cannot be taken away or given up, typically including life, liberty, and property.
Popular sovereignty
is a concept that people are the highest level of power in society. The power of government to govern comes from the people. When people consent to be governed, government gains its legitimacy.
Social contract theory
states that people should consent to be governed and in exchange the government will provide protections and certain public goods to the people
The Articles of Confederation and Perpetual Union
was the United States’ first constitution. Created by the Second Continental Congress on November 15, 1777, it created the first national government for the United States. Like the Declaration of Independence, the Articles of Confederation relied heavily on John Locke’s theory of natural rights and very limited government roles. The Articles also gave our country its name, The United States of America.
Confederation
a form of government where smaller government units, in this case the states, are the sovereign—or the highest level of authority. States empower the national government to do very limited tasks while maintaining most of the control at the state level. This idea is borrowed from Native Americans.
Under the Articles of Confederation, the national government’s size, power, and role was very limited. The national government under this document was structured as follows:
• One branch of government—Congress.
• Equal representation from each state in Congress
• All laws must be passed with a super-majority
• Congress has the power to create a national currency, borrow money in the name of the United States, declare war, raise an army, and establish relations with foreign countries
The Articles of Confederation is known more for its failures than its successes. Under the Articles, the national government did not have:
• An executive branch
• A national judiciary
• The power to tax
• The power to compel states to obey national laws or contribute funding
• Any power that was not “expressly delegated” or specifically written in the Articles
Shays’ Rebellion
was an uprising in western Massachusetts to protest economic conditions, high taxes, and abusive debt and tax collections.
Showed the weakness of the articles of confederation
What was the aftermath of Shay’s Rebellion?
a constitutional convention was called in the summer of 1787. The constitutional convention featured a series of proposals and compromises that allowed the new government to be formed.
What were the 2 plans developed from the constitutional convention of 1787?
The Virginia Plan and the New Jersey Plan. The Virginia Plan proposed a strong central government with a bicameral legislature based on population, favoring larger states. It included three branches of government: executive, legislative, and judicial. In contrast, the New Jersey Plan favored smaller states and proposed a unicameral legislature with equal representation for each state, regardless of size. This plan aimed to preserve the autonomy of states while maintaining a limited federal government. The debate between these two plans ultimately led to the Great Compromise, which established a bicameral legislature combining elements from both plans.
Virginia representation plan
The original proposition consisted of 15 resolutions and advocated for a strong central government with three branches: executive, legislative, and judicial.
New Jersey representation plan.
Its most significant proposal called for equal representation for states in a unicameral legislature in order to avoid awarding states with larger populations, such as New York and Virginia, a greater number of representatives and therefore a greater share of power.
Three-Fifths Compromise
The compromise states that 3/5 of the African American population will count for state representation.
Great Compromise, also known as the Connecticut Compromise
created a bicameral, or two-house legislature, with the House of Representatives being based on population and the Senate being based on equal representation from each state.
separation of powers
Drawing on the ideas proposed by French political philosopher Charles Montesquieu, the national government was separated into three branches: the executive branch, the legislative branch, and the judicial branch. Each branch of government was given specific and unique powers that could not be exercised by the other branches
checks and balances
In addition to separation of powers, each branch of government was given certain powers over the other branches.
Electoral College
places a buffer between the people and the powerful position of president of the United States. As originally designed, the Electoral College selects the president and may or may not vote with how the people of their state voted
enumerated and implied powers
.Enumerated powers are those powers specifically listed in the Constitution; they are augmented by powers that are not specifically mentioned but implied in certain phrases in the constitutional text.
Article I of the Constitution
Article I of the Constitution establishes the legislative branch of the U.S. government, outlining the powers, structure, and functions of Congress.
Speaker of the House
a constitutionally defined position, is the most powerful person in Congress. The Speaker leads the House of Representatives and is selected by its members.
Census
It requires the population be counted at least every 10 years; from this count, representation is apportioned to each state based on population. Since currently there are 435 members of the House, each member represents approximately 700,000 people.
House of Representatives Powers
The House of Representatives possesses several critical powers, which include: 1) The authority to initiate impeachment proceedings, allowing them to formally accuse federal officials of misconduct. 2) The power to originate all revenue-related bills, ensuring that taxation and government spending begin in the House. 3) The capability to elect the President of the United States in the event of an Electoral College tie, adding an essential role in the election process.
House of Representatives term length?
Members serve two-year terms, with no limit on re-election.
Bills on rasing taxes must:
All bills raising taxes must originate in the House but can be amended by the Senate.
senators term length?
6 years with no term limits,
how often do we vote on senators? why is that?
The Senate is divided into three classes, so that one-third of the Senate is up for election every two years.
Senate Powers
The Senate possesses several key powers, including: 1) the authority to confirm presidential appointments, such as judges and cabinet members; 2) the power to ratify treaties, requiring a two-thirds vote; 3) the ability to conduct impeachment trials and remove officials from office; and 4) the power to propose legislation and amendments.
Qualifications to run for senate:
To serve as senator, one must be at least 30 years of age, a citizen of the United States, and a resident of the state they represent.
powers of congress in Article I, Section 8:
tax, regulate commerce, regulate immigration, coin money and regulate the value thereof, create the post office, create patents, create all courts below the Supreme Court, declare war, create the army, create the navy, directly govern Washington, DC, make all laws necessary and proper to execute their enumerated powers.
Article II of the constitution
Article II of the Constitution establishes the executive branch of the U.S. government, outlining the powers and responsibilities of the President.
qualifications to run for president:
To be president a person must be a natural born citizen of the United States and at least 35 years of age. Before entering office, the president must take an oath that is prescribed by the Constitution.
President responsibility?
The president is commander in chief of the army and Navy and the state militias when called in the service of the United States. They have the power to create treaties, which then must be ratified by a two-thirds vote in the Senate. The president has the power to appoint officials to the executive branch and to the judicial branch, but those appointments must be confirmed by the Senate. Except in cases of impeachment, the president has the power to pardon convictions of federal law and commute sentences
Reasons presidents can be impeached.
The president, vice president, and all members of the executive and judicial branches can be impeached for treason, bribery, or other high crimes and misdemeanors. If convicted by the Senate, Article II says they shall be removed from office.
Article III of the constitution
Article III of the Constitution establishes the judicial branch of the United States government, outlining the powers and structure of the federal courts.
judicial review.
The Supreme Court and lower courts created by Congress are empowered with “judicial power.” In the Supreme Court case Marbury v. Madison, this judicial power was interpreted as the power of judicial review, meaning only the courts have the power to interpret law and the constitution
how long are federal judiciary terms?
Life or until they decide to retire
The Supreme Court of the United States has both original an appellate jurisdiction,
meaning certain cases involving states ambassadors and executive branch officials can be theoretically taken to the Supreme Court directly under original jurisdiction, although most cases make their way to the court under appeal or appellate jurisdiction.
what is only crime specifically defined in the constitution? It is found in article 3.
Treason
Article IV
Article IV expanded on the idea of federalism, noting what states owe to each other and what the national government owes to the states.
It borrows language from the Articles of Confederation, and states that full faith and credit public records, acts, and judicial proceedings of each state shall be respected by the other states.
guarantees that the citizens of the United States shall be entitled to all privileges and immunities of citizens in every state
What does Article IV prohibit as far as admitting new states into the union? Unless….
the formation of a new state by using part of a current state or combining two states, unless approved by both state legislatures in the Congress.
Article V
provided two methods for amending the Constitution, through bills passed by two thirds of each house of Congress or by convention of the states
Who can amend the constitution?
The Constitution can be amended by a two-thirds vote of each house of Congress, and then ratification by three-fourths of state legislatures. The Constitution can also be amended by two thirds of state legislatures petitioning to create a constitutional convention. All amendments proposed by the constitutional convention must then be ratified by three-fourths the state legislatures
Article VI
Article VI guaranteed the debt of the United States that was taken on under the articles of Confederation. Section 2 of Article VI states that the constitution, federal law, and treaties shall be the “supreme law of the land.” This means that the Constitution and federal law supersede state law and state constitutions, when federal laws are being exercised appropriately.
Article VII
Article VII of the Constitution set forth the ratification process for the constitution. It initially required that 9 of 13 states ratify the Constitution for it to take effect.
Federalists
After the constitution was drafted, a campaign to ratify it began in the states. Those in favor of ratification
Anti-Federalist
Those opposed to ratification
The Federalist Papers
a series of articles published in support of the Constitution. written by James Madison, John Jay, Alexander Hamilton.
Federalist 10
Madison argues that a republican government with separation of powers controls factions, which are either too small to dominate or constrained by the government's structure from gaining excessive power.
Importance of the 78th paper
In Federalist No. 78, Alexander Hamilton articulates the fundamental role and organization of the judicial branch within the American government framework. He argues that the judiciary is the least dangerous branch, as it possesses 'neither force nor will, but merely judgment,' meaning that it lacks the power to enforce its decisions or enact laws. Hamilton emphasizes the importance of an independent judiciary as a protector of individual rights against legislative encroachment, ensuring that laws do not violate the Constitution. This paper sets the groundwork for understanding the judiciary's role in safeguarding liberty and maintaining the rule of law.
Anti-Federalists also published a series of articles under what name?
Brutus
what did the anti-federalist papers do?
These articles warned that the proposed new national government was too powerful and too far removed from the people. Brutus preferred that government power be kept in the states and closer to the people. This theory, that the lowest level of government capable of performing a task should be the one to perform a task, is called subsidiarity.
subsidiarity?
Principle stating that decisions should be made at the most local level possible, only involving higher levels when necessary.
Bill of rights
first 10 amendment.
first amendment
"Protects freedom of religion, speech, press, assembly, and petition. Ensures government cannot establish a national religion or limit individual expression."
Establishment Clause
part of first amendment declaring separation of church and state
Free Exercise Clause
Free Exercise Clause: Part of the First Amendment that protects individuals' right to practice their religion without government interference.
Wisconsin v. Yoder
in 1972, the Supreme Court found that for the government to limit the free exercise of religion, it must prove that it is pursuing a compelling government interest in doing so by the least restrictive means
strict scruitiny
strict scrutiny, places the burden of proof on government and significantly expands the right of free exercise of religion.
Engel v. Vitale
in 1962, the Supreme Court found that school sponsored prayer in public schools violated the Establishment Clause.
Concurrent Powers
Powers shared by both the federal and state governments, such as the ability to tax, build roads, and create lower courts.
Cooperative Federalism
A concept of federalism where state and federal governments work together to solve problems and implement policies, often through shared responsibilities and funding.
Dual Federalism
A concept of federalism where state and federal governments operate independently within their own spheres of authority, often likened to a "layer cake" model.
Unitary System
A government that gives all key powers to the national or central government
Block grants
Federal money given to the states with limited spending guidelines. Allows the states power to decide how to spend funds within relatively loose guidelines. Ex: funds for transportation and state chooses how to allocate.
Categorical Grants
Federal money given to the states with specific spending guidelines. Gives the federal government the power to decide how funds are spent within the state. Ex: funds for highway repairs, cannot be used for other purposes.
Devolution
The transfer of power from a high level political office to a lower level; central government to regional, state, or local governments. Example-Welfare Reform Act of 1996
Ratification
The Constitutional process by which the states must approve amendments to the Constitution. Three-quarters of the states must approve an amendment before it is ratified and officially becomes part of the Constitution. Another example of federalism in the Constitution's structure.
Judicial Review
The power of the courts to declare laws unconstitutional
Judicial Restraint
justices should be cautious at overturning laws
Appellate Jurisdiction
Authority of court to review a decision of a lower court
Federalist 70
By Alexander Hamilton- US requires a strong, energetic executive; plural executive is dangerous
Pocket Veto
A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it.
Bully Pulpit
the president's use of his prestige and visibility to guide or enthuse the American public to put pressure on other branches of Congress
Iron Triangle
A close relationship between an agency, a congressional committee, and an interest group in order to achieve policy goals
bureaucratic discretion
bureaucrats' use of their own judgment in interpreting and carrying out the laws of Congress
Congressional Oversight
