Required Foundational Documents, Supreme Court Cases, and Important Constitutional Clauses

Flashcards of vocabulary terms from lecture notes on required foundational documents, supreme court cases, and important constitutional clauses.

Declaration of Independence

Declared Independence from Britain and identified Natural Rights - Life, Liberty, Pursuit of Happiness and the government's job to protect them.

Articles of Confederation

Confederal Government with a weak Congress not given many powers and a Unicameral Legislature. No Executive / No Judicial and No power to raise an army.

U.S. Constitution

Outlines the structure of the government with Three branches of government w/ check and balances, Relationships between states, and an Amendment process

27 amendments( including the Bill of Rights)

Federalist No. 10

Factions are inevitable, so must manage them. A Large Republic is the best form of government to address factions. Pluralism --> many factions competing for influence leads to only the best ideas being enacted.

Brutus 1

Constitution gives too much power to central government and is Too large a country for Congress to represent local concerns.

Federalist No. 51

Power is divided between three branches of government and national/ state government with checks and balances.

Federalist No. 70

Argues for a single, “energetic” executive (president) because energy in the executive is the leading character in the definition of good government.”

Federalist No. 78

The least dangerous branch is the Judiciary because it is Independent and inherently weaker than the other 2 branches.

Letter from a Birmingham Jail

Justice delayed is justice denied: “Injustice anywhere is a threat to justice everywhere. …” and “Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed."

a letter made by dr Martin Luther king Jr in prison, he expressed how he is disappointed with many people and how they have been oppressed and marginalized in the fight for civil rights. He emphasizes the necessity of nonviolent resistance to achieve true justice.

Marbury v. Madison

Established judicial review as constitutional affirming checks and balances and separation of powers.

McCulloch v. Maryland

Affirmed the supremacy of the federal government and the US Constitution over the states and state laws.

United States v. Lopez

Congress may not use the commerce clause, Article I Section 8, to make possession of a gun in a school zone a federal crime

Engel v. Vitale

School sponsorship of religious activities violates the establishment clause in the 1st amendment

Wisconsin v. Yoder

Forcing Amish students to attend school past 8th grade violates the free exercise clause of the 1st amendment

Tinker v. Des Moines School District

Public school students retain 1st amendment freedom of speech/expression while on campus, as long as it doesn't disrupt the learning environment

New York Times v. United States

Ensures freedom of press clause of the 1st amendment by limiting prior restraint except in most extreme cases of national security.

Schenk v. US

Speech that represents a “clear and present danger" is not protected speech under the freedom of speech clause in the 1st amendment

Gideon v. Wainwright

Decided that those who cannot afford an attorney will be provided with one, incorporated to the states via the due process clause of the 14th amendment.

McDonald v. Chicago

The 2nd amendment prevents states from limiting gun ownership for self-protection, incorporated to the states via the due process clause of the 14th amendment.

Brown v. Board of Education

School segregation violates the equal protection clause of the 14th amendment - overturned Plessy v. Ferguson's separate but equal doctrine

Baker v. Carr

Used the equal protection clause in the 14th amendment to apply to redistricting and established "one person one vote" doctrine

Shaw v. Reno

Used equal protection clause in the 14th amendment to prohibit states from racial gerrymandering

Citizen United v. Federal Election Commission

Political spending by corporations and organizations is protected speech under the 1st amendment and cannot be limited by government

Judicial Review

Reviews constitutionality of laws and Executive Orders

Commerce Clause

Congress has the power to regulate "interstate commerce" (with foreign nations, among the several states, and with the Indian tribes)

War Powers Clause

Congress has the power to

Necessary & Proper Clause

Congress has the power to make all laws "necessary and proper for carrying into execution the foregoing powers.”

Full Faith & Credit Clause

Court rulings/records/government documents (such as drivers licenses, etc.) have to be recognized state to state

Privileges & Immunities Clause

Have to enforce laws equally to citizens and non-citizens of your state

Supremacy Clause

Constitution and federal laws made under it are supreme law of the land. In a fight between federal law and state/local law, federal wins

Establishment Clause

Prohibits federal government from establishing a national religion. Extends to appearing to favor one religion over the other.

Free Exercise Clause

Prohibits federal government from interfering with the practice of one's religion

Due Process Clause

No state shall deprive any person of life, liberty, of property, without due process of law. U sed to justify Civil Liberties (Bill of Rights) & through the 14th amendment, incorporation of those to the states

Social Contract Theory

People live together in society in accordance with an agreement that establishes moral and political rules of behavior

Pluralist Theory of Democracy

Model of democracy in which competition among all affected interests shape public policy

Devolution

The process of power being handed down to the states by the federal govemment

Civil liberties

Protection FROM the government given to individuals (Bill of Rights)

Judicial Activism

The theory that the Constitution is to be interpreted as needed for the present time, and a belief that judges are to feel free to strike down laws that they believe don't fit that interpretation of the Constitution.

Judicial Restraint

The theory that the Constitution should be interpreted as the founders intended, and limits the powers of judges to strike down a law, believing that the court should uphold all acts and laws of Congress and legislatures unless they very clearly oppose the United States Constitution

Conservatism

A belief in limited government and economic freedom. Uphold traditional values.

Liberalism

A belief in greater government control with a focus on equality and justice

Civil Rights Act of 1964

Banned discrimination in public acomodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment.

War Powers Act (1973)

The president is limited in the deployment of troops overseas to a sixty-day period in peacetime unless Congress explicitly gives its approval for a longer period.