Most important things for the gov exam

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What does the 1st amendment protect?

freedom of speech, religion, press, assembly, and the right to petition the government.

2nd amendment

protects the right to keep and bear arms.

3rd amendment

prohibits quartering of troops in private homes without consent.

4th amendment

protects against unreasonable searches and seizures, requiring a warrant supported by probable cause.

5th amendment

provides for the right against self-incrimination and double jeopardy, and ensures due process.

6th amendment

guarantees the right to a fair trial, including the right to counsel, a speedy trial, and an impartial jury.

7th amendment

provides for the right to jury trials in civil cases, ensuring that facts tried by a jury cannot be re-examined in any court.

8th amendment

no cruel or unusual punishment

9th amendment

rights not in the constitution are protected.

10th amendment

establishes that powers not delegated to the federal government are reserved for the states or the people.

11th amendment

no lawsuits against states.

12th amendment

establishes the procedure for electing the President and Vice President of the United States.

13th amendment

abolished slavery and involuntary servitude

14th amendnment

amendment granted citizenship and equal protection under the law.

15th amendment

prohibits the federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude."

16th amendment

allows Congress to levy an income tax without apportioning it among the states.

17th amendment

establishes the direct election of United States Senators by popular vote.

18th amendment

prohibited the manufacture, sale, and transportation of intoxicating alcohol, leading to Prohibition.

19th amendment

granted women the right to vote in the United States.

20th amendment

sets the terms of the President and Congress, commencing in January, and addresses presidential succession.

21 amendment

repealed the 18th amendment

22 amendment

limited the President to two terms in office.

23rd amendment

grants the District of Columbia electors in the Electoral College.

24th amendment

prohibits poll taxes in federal elections.

25th amendment

establishes the presidential succession process and addresses presidential disability.

26th amendment

grants 18-year-olds the right to vote in federal, state, and local elections.

27th amendment

limits congressional pay increases until the next election.

Marbury v Madison (1803)

Establish judicial review:· Not explicitly stated in the constitution but now supreme court can claim things as unconstitutional.· Allows the court to interpret things not stated in the Constitution.· Interpretations can change over time.

Dissenting opinion : Justice Thomas argued that the concept of judicial review lacks historical foundation.

Ruling number : 5-0 in favor of Marbury.

McCulloch v Maryland (1819)

Established the extent of federal power :Congress has the constitutional power to tax the states and to make a federal bank if they deem it necessary. Deals with: Supremacy clause, Necessary and Proper Clause, Interpretation of "Brutus" National government has implied powers that go beyond only the enumerated powers. Courts can limit the states' power if it undermines the supremacy clause.

dissenting opinion: Justice Thomas argued for the strict interpretation of the Constitution, asserting that Congress overstepped its authority.

ruling number: 6-3 in favor of McCulloch.

United States v Lopez (1995)

Limit Congress power to control commerce:- Argued that the Gun Free School Zones Act was an unconstitutional exercise of Congress's power.- Government cannot overuse their rights and throw their powers beyond the states- Congress exceeded its power to legislate under the Commerce Clause.

Dissenting opinion : Justice Breyer argued that the law was a valid exercise of federal authority to regulate commerce.

ruling number: 5-4 against Lopez.

Engel v Vitale (1962)

Cannot favor/discriminate any religion/no religion under the establishment clause :Public school read a prayer over the intercom every morning students said they were forced to practice this religion. Court sided with the students saying that they were being forced to listen involuntarily.· Free exercise clause: you can freely engage in any worship that you want/ or no religion· If you infringe upon other people's rights, then your free exercise clause is limited.

dissenting opinion : Justice Stewart argued that the decision undermined the nation's cultural and historical heritage regarding prayer.

ruling number: 6-1 against Engel. Established the principle of separation of church and state in public schools.

Wisconsin v Yoder (1972)

established Religion vs. Law Truancy Law: You have to go to school by law by a certain age. Yoder (Amish) believed the law infringed upon their religion by making them go to school The freedom of religion trumps the laws made by the state.

dissenting opinion: Justice Douglas argued that the state's interest in education outweighed religious freedom, emphasizing the importance of compulsory schooling for all children.

ruling number: 6-1 in favor of Yoder.

Tinker v Des Moines Independent Community School District (1969)

established that free speech can be symbolic Armbands- free speech Children were not allowed to show up to school with the armbands protesting the Vietnam war because it was against the dress code. The school said that it would distract the students from their studies. The Supreme Court sided with Tinker saying that the armbands are pure form of free speech and would do nothing to affect the learning of the students wearing them.

dissenting opinion : Justice Fortas argued that school authorities have the responsibility to maintain order and prevent disruptions in the educational process.

ruling number: 7-2 in favor of Tinker.

New York Times Co v United States (1971)

Defended Freedom of the Press against prior restraint against the government: Pentagon Papers were leaked and proved the government was lying about the status of the war. The court said that they could publish the papers because there was nothing in there that would directly hurt the public.

Dissenting opinion: Justice Blackmun argued that the government had a right to prevent publication to protect national security.

Ruling number:6-3 against the United States.

Schenck v United States

Established No freedom of speech DURING WAR if a clear and present danger is presented : People were handing out pamphlets against the drafts of WW1.Espionage Act: Made speaking out against the war effort a crime. (a few years before this)Sedition Act: people are not allowed to print things critical of the government.

Dissenting opinion: Justice Holmes argued that the First Amendment should protect speech, even if it is unpopular, and that the government must prove that the speech presents a clear and imminent danger.

Ruling number: 9-0 against Schenck.

Gideon v Wainwright (1963)

Selectively incorporated the right to council: Criminals should have the right to have legal representation even if they cannot afford a lawyer. The 6th and 14th Amendment guarantee this right to have a legal counsel if accused of a crime.

Dissenting opinion: Justice Harlan argued that the right to counsel should not be extended to all criminal cases, emphasizing the importance of state discretion.

Ruling number: 9-0 in favor of Gideon.

Roe v Wade (1973)

Established right to an Abortion due to the constitutional right to privacy- The Supreme court claimed that the Constitution conferred the right to have an abortion- Struck down Texas laws against abortion.- Due process clause of the 14th amendment says that the state laws cannot violate someone's personal privacy.

Dissenting opinion: Justices argued that the Constitution does not explicitly guarantee a right to abortion and that the issue should be left to the states to decide. The ruling number was 7-2 in favor of Roe.

McDonald v Chicago (2010)

Established the Compelling State interest· If the government wants to take away a state right, they must have good reason· Chicago violated citizen's right to bear arms Article 4: Full faith and credit clause says: "Judicial acts, records, and proceedings transfer from one states to another state (paraphrased)"Privileges and Immunities: "all Privileges and Immunities in one state are transferable to other states" Extradition: The state is required to turn you back to the state where you committed the crime.

Dissenting opinion: Justice Thomas argued that the right to bear arms should not be limited to federal jurisdiction and emphasized that the Second Amendment applies to the states.

Ruling number: 5-4 in favor of McDonald.

Brown v Board of Education (1954)

separating children in public schools on the basis of race was unconstitutional under the 14th amendment· Supreme court ruled that the segregation of schools was unconstitutional even if the schools are otherwise equal in quality.· Overruled the "separate but equal" phrase from Plessy v. Fergusson· Used the Equal protection clause in the 14th amendment.

Dissenting opinion : Justice Jackson expressed concern that the Court's decision would further entrench racial divisions and emphasized the importance of gradual change.

Ruling number: 9-0 in favor of Brown.

Citizens United v Federal Election Commission (2010)

Established the fact that limiting financial donations was a violation of the 1st amendment.· Supreme court ruled that people can spend their own money on campaigns, but only a limited amount.· This allows small groups and donors to use dark money to influence elections.· 1st amendment prohibits the restriction of amount of money allowed to be paid by corporations, allowing individuals to pay a campaign through these organizations.

dissenting opinion: Justices argued that the decision would lead to increased corruption in politics and undermine the integrity of elections.

Ruling number: 5-4 in favor of Citizens United.

Baker v Carr (1961)

Established Federal Redistricting Review:· Redistricting: redrawing congressional district lines, trying to correct malapportionment.· They made the citizens in the rural places more powerful than in the cities.· Tennessee calls the 10th amendment as a defense to protect the state's rights.· Established the rights of the federal court to reexamine redistricting issues.

Dissenting opinion: Justice Frankfurter argued that political questions should be handled by the legislative branch, not the judiciary, expressing concern over federal intervention in state matters.

Ruling number: 6-2 in favor of Baker.

Shaw v Reno (1993)

Racial Redistricting can be subject to strict scrutiny under the equal protection clause · The federal government under voting rights acts encouraged states with high minority populations to try to draw a minority majority district. To encourage minority representation.· South Carolina claimed it was trying to abide by the Voting Right Act but the Supreme Court said that it was unconstitutional and they used Gerrymandering for their own sake instead of for the sake of districting principles.· Legislative redistricting must be conscious of race and ensure compliance with the Voting Rights Act of 1965

Dissenting opinion: Justice O'Connor expressed concern that the ruling may inhibit states' ability to consider race in redistricting, potentially undermining efforts to encourage minority representation.

ruling Number : 5-4 in favor of Shaw.

What dangers of factionalism did Madison address in Federalist #10?

Madison argued that a large republic ensures multiple factions to avoid any one faction taking control, which could suppress minority opinion.

What is the main argument of Federalist #51 regarding government structure?

Madison argued that separation of powers and checks and balances would prevent any one faction from taking total control of the national government and increase efficiency.

What does Hamilton propose about the Executive Branch in Federalist #70?

Hamilton argued for a single president in the Executive Branch, using the British king as an example, and proposed term limits as a check on executive power.

How did Hamilton address concerns about the federal judiciary in Federalist #78?

Hamilton argued that the judicial branch would have the least power under the Constitution but would possess judicial review to check Congress.

What were the main critiques presented in Brutus #1?

Brutus #1 critiqued the proposed Constitution for giving too much power to the national government, the potential for a standing army to diminish liberty, and the belief that representatives would not truly represent the people.

What fundamental principle does the Declaration of Independence assert about men?

The Declaration states that all men are created equal and have basic human rights, which the government exists to protect, including 'life, liberty, and the pursuit of happiness'.

What are some key features of the Constitution?

The Constitution includes separation of powers, three branches of government, the necessary and proper clause (elastic clause), federalism, delegated powers, reserved powers, concurrent powers, checks and balances, and an amendment process.

What were the pros and cons of the Articles of Confederation?

Pros included the idea of federalism and the Northwest Ordinance; cons included inability to draft soldiers, control interstate trade, lack of a Supreme Court, no executive branch, and no national currency.

What is the main argument presented in the Letter from a Birmingham Jail?

The letter defends the strategy of non-violent resistance to racism, emphasizing that 'injustice anywhere is a threat to justice everywhere' and that 'justice too long delayed is justice denied'.

What does the phrase 'society must protect the robbed and punish the robber' imply in the context of the Letter from a Birmingham Jail?

This phrase implies that society has a responsibility to uphold justice by protecting victims of injustice and holding perpetrators accountable.