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Declaration of Independence
Drafted in 1776 by Thomas Jefferson, declared America's separation from Great Britain
Articles of Confederation
a governing document that created a union of thirteen sovereign states in which the states, not the government, were supreme.
Federalist No. 10
an essay in which Madison argues that the dangers of faction can be mitigated by a large republic and republican government
Federalist No. 51
an essay in which Madison argues that separation of powers and federalism will prevent tyranny
Federalist No. 70
Hamilton argues the need for a strong executive leader
Federalist No. 78
essay by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches
Brutus No. 1
an Antifederalist Paper arguing that the country was too large to be governed as a republic and that the Constitution gave too much power to the national government
Letter from a Birmingham Jail
Response from Dr. Martin Luther King Jr. to a newspaper letter criticizing civil rights demonstrations where he argues that he and his fellow demonstrators have a duty to fight for justice
The United States Constitution
the supreme law of the land that establishes the framework of the federal government, defines the separation of powers among the legislative, executive, and judicial branches, and guarantees fundamental rights for American citizens
Bill of Rights
a list of fundamental liberties and rights that individuals possess. The first ten amendments to the US Constitution are referred to as...
Privileges and Immunities Clause
constitutional clause that prevents states from discriminating against the people from out of state
Due Process Clause
clause in the Fourteenth Amendment that restricts state governments from denying persons their life, liberty, or property without legal safeguards
Equal Protection Clause
clause of the Fourteenth Amendment that requires the states to treat all persons alike with regard to application of the laws; clause that has been used to protect the civil rights of Americans from discrimination based on race, national origin, religion, sex, gender, and other characteristics
McCulloch v. Maryland
Supreme Court decision upholding the supremacy of the national government over the states under the Necessary and Proper Clause and the Supremacy Clause
United States v. Lopez
Supreme Court found that the 1990 Gun Free School Zones Act did violate the Constitution, claiming Congress was overreaching its powers granted under the Commerce Clause
Engel v. Vitale
The Supreme Court ruled school-sanctioned prayer in public schools is unconstitutional under the Establishment Clause in the First Amendment
Wisconsin v. Yoder
The Supreme Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the eighth grade because it would violate long-held religious beliefs under the Free Exercise Clause of the First Amendment
Tinker v. Des Moines
Supreme Court ruled that wearing black armbands in protest of the Vietnam War was symbolic speech, protected by the First Amendment Freedom of Speech
New York Times Co. v. United States
The Supreme Court reaffirmed its position of prior restraint, refusing to stop the publication of the Pentagon Papers, and strengthening freedom of the press, even in times of national security
Schenck v. United States
Supreme Court decision that speech was not protected during war time because it would create a clear and present danger, establishing a standard for measuring what would and would not be protected speech under the Espionage Act of 1917
Gideon v. Wainwright
Court ruled that in state trials, those who cannot afford an attorney will have one provided by the state under the Sixth Amendment and the Fourteenth Amendment's Due Process Clause
McDonald v. Chicago
The Supreme Court struck down a handgun ban at the state level, using judicial precedents of the Second Amendment's right to Bear Arms under the Fourteenth Amendment's Due Process Clause, strengthening citizens' rights to keep and bear arms for self-defense in your own home.
Brown v. Board of Education
Supreme Court decision that overturned Plessy v. Ferguson, ended legal segregation, stating that school segregation is unconstitutional through the Equal Protection's Clause of the Fourteenth Amendment and declaring that the "separate but equal" doctrine as unconstitutional
Citizens v. United v. Federal Election Commission
Supreme Court ruled that limiting the ability of business, unions, and other groups to fund their own efforts to elect or defeat candidates for office is unconstitutional under the First Amendment's Freedom of Speech and by using stare decisis
Baker v. Carr
The Supreme Court ruled that the reapportionment challenges are not political questions if brought under the Equal Protection Clause of the Fourteenth Amendment, establishing the One Person, One Vote idea
Shaw v. Reno
The Supreme Court ruled that legislative redistricting must be mindful of race and in compliance with the Voting Rights Act of 1965 and the Fourteenth Amendment's Equal Protection Clause
Marbury v. Madison
The Supreme Court case that established the principal of judicial review
Roe v. Wade
Supreme Court decision that reaffirmed the recognition of a constitutional right of privacy (1st, 3rd, 4th, 9th, and 14th amendments) for a woman to determine whether to terminate a pregnancy, while recognizing that the state may have a compelling interest in maternal life and health.
Article I
article of the Constitution that discusses the Legislative Branch
Article II
article of the Constitution that discusses the Executive Branch
Article III
article of the constitution that discusses the Judicial Branch
Article IV
article of the constitution that discusses Intergovernmental Relationships (interactions between federal, state, and local governments)
Article V
article of the Constitution that discusses the amendment process
Article VI
article of the Constitution that discusses the supremacy of the Constitution
Article VII
article of the Constitution that discusses the ratification process of the Constitution itself through numerous conventions
Article 1 Section 8 (Enumerated Powers)
powers specifically granted to the national government's legislative branch through the Constitution. These powers include the powers to:
1. Regulate foreign and interstate commerce
2. Coin and print money
3. Provide an army and navy
4. Declare war
5. Establish federal courts below the Supreme Court
6. Make all laws "necessary and proper"
7. Regulate immigration and naturalization
necessary and proper clause/ elastic clause
clause that grants the federal government the authority to pass laws required to carry out its enumerated powers; language in Article 1, Section 8 granting Congress the power necessary to carry out its enumerated powers
Article 1 Section 9 (Powers Denied)
powers prohibiting the government from taking specific actions. The powers that they are denied are:
1. Prohibiting slave trade before 1808
2. Suspending habeas corpus
3. Passing bills of attainder and ex post facto laws
Article II Section 2 (Expressed Powers)
powers specifically granted to the national government's executive branch. These powers include the powers to: 1. Conduct foreign relations
2. Acquire and govern US territories and admit new states
supremacy clause
clause or constitutional provision that establishes the Constitution and the laws and treaties of the federal government passed under its authority as the highest laws of the land
First Amendment
constitutional amendment that guarantees freedom of religion, speech, press, assembly, and petition
Second Amendment
constitutional amendment that ensures the right to keep and bear arms
Third Amendment
constitutional amendment that sets conditions for quartering of troops in private homes
Fourth Amendment
constitutional amendment that provides protections from unlawful search and seizure
Fifth Amendment
constitutional amendment that addresses protections against self-incrimination, guarantees of due process, eminent domain, and grand jury indictment for capital crimes
Sixth Amendment
constitutional amendment that guarantees rights to a speedy, public trial and an impartial jury; to confront witnesses; and to have an attorney
Seventh Amendment
constitutional amendment that preserves the right to a jury trial in civil cases where the value exceeds $20
Eighth Amendment
constitutional amendment that ensures no excessive bails or fines, nor cruel and unusual punishment
Ninth Amendment
constitutional amendment that explains that there are unenumerated rights of the people
Tenth Amendment
constitutional amendment that reserves powers not delegated to the national government to the states and the people; the basis of federalism
Eleventh Amendment
constitutional amendment that restricts lawsuits against states
Twelfth Amendment
constitutional amendment that provides for election of president and vice president by separate ballot in electoral college
Thirteenth Amendment
constitutional amendment passed in 1865 that prohibits slavery within the United States
Fourteenth Amendment
constitutional amendment passed in 1868 that provides that persons born or naturalized in the United States are citizens and prohibits states from denying persons due process of equal protection under the law; places restrictions on state laws that sought to abridge the privileges and immunities of citizens of the United States
Fifteenth Amendment
constitutional amendment passed in 1870n that prohibits the denial of voting rights on the basis of race, color, or previous condition of servitude, which gave Black male citizens the right to vote
Sixteenth Amendment
constitutional amendment that authorizes income tax
Seventeenth Amendment
constitutional amendment that establishes direct election of senators by popular vote
Eighteenth Amendment
constitutional amendments that prohibits intoxicating liquors
Nineteenth Amendment
constitutional amendment granting women the right to vote
Twentieth Amendment
constitutional amendment that sets terms and sessions of executive and legislative branches; "lame duck"
Twenty-First Amendment
constitutional amendment that repeals prohibition (18th amendment)
Twenty-Second Amendment
constitutional amendment that limits presidential terms of office
Twenty-Third Amendment
constitutional amendment that allows for voting rights in District of Columbia in presidential elections
Twenty-Fourth Amendment
constitutional amendment that prohibits Congress from imposing poll taxes as a condition for voting in federal elections
Twenty-Fifth Amendment
constitutional amendment that addresses presidential succession, disability, and vice-presidential vacancies
Twenty-Sixth Amendment
constitutional amendment that allows those eighteen years old and older to vote
Twenty-Seventh Amendment
constitutional amendment that addresses congressional pay
checks and balances
a design of government in which each branch has powers that can prevent the other branches from making policy
separation of powers
a design of government that distributes powers across institutions in order to avoid making one branch too powerful
federalism
the sharing of power between the national government and the states
limited government
a system in which the authority of the government is not absolute
popular sovereignty
the idea that the government's right to rule comes from the consent of the people
natural rights
the right to life, liberty, adn property, which government cannot take away
free enterprise
an economic system in which the market determines the prices and availability of products and services, and the government intrudes as little as possible in the economic transactions among citizens and businesses
rule of law
the principle that no one is above the law and that every person, even those in power, is accountable and must follow the laws that govern society
social contract
an agreement between the people and the government where the people give up some freedom sand allow their government to rule over them to ensure an orderly and functioning society
democracy
a system of government where power is held by the people, including free and fair elections and civil rights and liberties
republicanism
a system in which the people give authority to government and exercise their power by delegating it to representatives chosen by them through the election process
civil liberties
constitutionally established guarantees that protect the fundamental rights and freedoms of individuals from unreasonable interference by the government
civil rights
protections for individuals from discrimination based on race, national origin, religion, sex, and other characteristics, ensuring equal treatment under the law
selective incorporation
the process through which the supreme court applies fundamental rights in the Bill of Rights to the states on a case-by-case basis