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1st Amendment
Freedom of Speech, Religion, Press, Assembly, and Petition
2nd Amendment
Right to bear arms
3rd Amendment
No quartering of soldiers
4th Amendment
Protection against unreasonable searches and seizures
5th Amendment
Double Jeopardy, Self-Incrimination, Due Process, Eminent Domain
6th Amendment
Speedy public trial, right to an attorney, habeas corpus
7th Amendment
Right to jury trial in civil cases
8th Amendment
No cruel or unusual punishment; no excessive bail
9th Amendment
Rights not listed belong to the people
10th Amendment
Powers not given to federal government go to states (same as nine but to the states)
13th Amendment
Abolition of Slavery
14th Amendment
Citizenship, equal protection, due process
15th Amendment
ALL males can vote (no matter their race)
16th Amendment
Income Tax
17th Amendment
Direct election of senators
18th Amendment
Prohibition of Alcohol
19th Amendment
Women’s suffrage
20th Amendment
Shortened the gap between election and inauguration
21st Amendment
Repealed prohibition (18th Amendment)
22nd Amendment
Two-term limit for president
24th Amendment
Abolished poll taxes
25th Amendment
Presidential succession and disability; VP takes over
26th Amendment
Voting age lowered to 18
27th Amendment
Congressional pay raises take effect after next election
James Madison
Who wrote the Bill of Rights?
Free Exercise Clause
The government may not interfere with an individual’s right to practice his or her faith as described
Establishment Clause
Congress may not establish an official church of the US nor give a particular faith or sect preferential treatment over others
Schenck v. United States (1917)
Case associated with he “clear and present danger” test
Prior Restraint
Crossing out sections of an article before publication
Exclusionary Rule (4th Amendment)
Holds that all evidence unlawfully gathered must be excluded from judicial proceedings
Hobbes
Humans left alone fall into chaos; best protection is an absolute monarch
Locke - Natural Right
Life, liberty, and property
Locke - Right of Revolution
People may overthrow a government that fails to protect their natural rights
Montesquieu
Advocated separation of powers
Rousseau
Best government is formed with consent of the people
Popular Sovereignty
Government derives power from the people
Social Contract
Government exists to protect liberties of those who follow its rules
Declaration of Independence
1776 document asserting natural rights and consent of the governed.
Grievances Against Britain
Taxation without representation, unjust trials, quartering soldiers, abolishing assemblies.
Statement of Separation
Colonies had no choice but to break away.
Articles of Confederation
First U.S. government; weak national government.
Weaknesses of the Articles
No tax power, no army, no courts, no executive, no national currency.
Positives of the Articles
Federalism beginnings, Treaty of Paris, Northwest Ordinance.
Shay’s Rebellion
Farmer uprising exposing weakness of Articles.
Confederal Government
States retain sovereignty.
Constitutional Convention (1787)
Meeting to revise Articles; created Constitution.
Virginia Plan
Representation based on population.
New Jersey Plan
Equal representation for states.
Great Compromise (Connecticut)
House = population; Senate = equal representation.
3/5 Compromise
Slaves counted as 3/5 for representation.
Electoral College
State electors = representatives + senators.
Federalists
Supported Constitution; strong national government.
Anti-Federalists
Feared strong government; demanded Bill of Rights.
Federalist 10
Large republic controls factions.
Federalist 51
Separation of powers prevents tyranny
Federalist 51
Separation of powers prevents tyranny.
Federalist 70
Strong single executive needed.
Federalist 78
Judicial branch is least dangerous.
Brutus 1
Warned Constitution gave too much power to national government.
Separation of Powers
Government divided into 3 branches.
Checks and Balances
Each branch limits the others.
Judicial Review
Courts can declare laws unconstitutional.
Marbury v. Madison
Established judicial review.
Participatory Democracy
Broad citizen involvement.
Pluralist Democracy
Interest groups compete to influence policy
Elite Democracy
Power held by wealthy elites
Interest Groups
Organizations influencing government policy
Trustee Model
Representatives use their own judgment.
Delegate Model
Representatives follow constituents’ wishes.
Politico Model
Combination of trustee and delegate models.
Constituent Service Model
Members help constituents with government-related issues.
Federalism
Shared power between federal and state governments.
Supremacy Clause
Federal law overrides state law.
Necessary and Proper Clause
Congress can make laws needed to carry out powers.
Delegated/Enumerated Powers
Federal powers (declare war, coin money, regulate commerce).
Reserved Powers
State powers (licenses, intrastate commerce, elections).
Concurrent Powers
Shared powers (taxing, courts, borrowing).
Dual Federalism
Federal and state governments operate separately.
Cooperative Federalism
Federal and state governments work together.
Marble-Cake Federalism
Mixed federal/state responsibilities (New Deal).
New Federalism
Returning power to states (Nixon, Reagan).
Categorical Grants
Federal money for specific purposes
Block Grants
Federal money for broad purposes
Unfunded Mandates
Federal requirements without funding
Advantages of Federalism
Mass participation, autonomy, innovation.
Disadvantages of Federalism
Inconsistency, inefficiency, bureaucracy
McCulloch v. Maryland (1819)
Congress can create national bank; states cannot tax it; established implied powers + federal supremacy.
U.S. v Lopez (1995)
Gun-Free School Zones Act unconstitutional, limited commerce clause.
Baker v. Carr (1962)
Reapportionment is justiciable; established one-person-one-vote.
Shaw v. Reno (1993)
Racial gerrymandering violates Equal Protection Clause.
Congress
Legislative branch of government.
House of Representatives
435 members; 2-year terms; age 25; population-based.
Senate
2 per state; 6-year terms; age 30
House Debate Rules
More formal; must stay on topic; limited speaking time.
Senate Debate Rules
Less formal; unlimited debate; can speak off-topic.
Speaker of the House
Most powerful House member; controls debate and committees.
Majority Leader
Helps achieve party’s legislative goals.
Minority Leader
Leads the minority party; organizes opposition strategy.
Whip
Enforces party discipline.
President of the Senate
Vice President; breaks ties.