AP Gpv - fed & 1st amendment

Amending the Constitution

Methods include proposal by 2/3 of Congress or states and ratification by 3/4 of states through legislatures or conventions.

Most-used amendment path

Proposal by 2/3 of Congress and ratification by 3/4 of state legislatures.

Equal Rights Amendment (ERA)

Proposed amendment guaranteeing gender equality that failed ratification.

Runaway convention fear

Concern that a constitutional convention could rewrite the entire Constitution.

Dual federalism

Federal and state governments have separate and distinct powers.

Layer cake federalism

Clear division of powers between federal and state governments.

10th Amendment

Powers not delegated to the federal government are reserved to the states.

Cooperative federalism

Federal and state governments share responsibilities. general welfare clause

General Welfare Clause

or else they take fed money

Categorical grants

Federal funds with strict conditions attached.

Block grants

Federal funds with few restrictions, giving states flexibility.

Welfare reform (1996)

Shift from categorical grants to block grants.

US v Butler

Congress may spend for general welfare but cannot coerce states.

South Dakota v Dole

Federal government may attach conditions to grants.

FAIR v Rumsfeld

Federal government can require compliance in exchange for funding.

NFIB v Sebelius

general welfare cannot be too harsh if states dont follow "strings"

Regulated federalism

Federal government regulates states directly - commerce clause

Commerce Clause

Congress may regulate interstate commerce. - anything to do w buying/selling

Unfunded mandates

Federal requirements imposed on states without funding.

Gibbons v Ogden

Federal government has broad power over interstate commerce.

NLRB v Jones & Laughlin

Commerce power includes activities with a substantial effect.

Wickard v Filburn

Local activity can be regulated if it affects interstate commerce.

Heart of Atlanta Motel

Congress can ban discrimination under commerce power.

US v Lopez

Congress cannot regulate non-economic activity.

Gonzales v Raich

Federal drug laws override state laws.

New federalism

Effort to return power to the states.

Contract with America

Political movement supporting block grants and devolution.

McCulloch v Maryland

Established implied powers and federal supremacy.

Necessary and Proper Clause

Allows Congress to pass laws needed to carry out enumerated powers.

Full Faith and Credit Clause

States must recognize other states' laws and court decisions.

Defense of Marriage Act (DOMA)

Allowed states to refuse recognition of same-sex marriage.

Hollingsworth v Perry

Dismissed for lack of standing; same-sex marriage allowed in California.

US v Windsor

Struck down DOMA's federal definition of marriage.

Obergefell v Hodges

Legalized same-sex marriage nationwide.

Separation of powers

Division of government power among three branches.

Federalist No. 51

Madison argues separation of powers prevents tyranny.

Privileges and Immunities Clause

States must treat citizens of other states equally.

Civil liberties

Protections from government interference.

Civil rights

Protections against discrimination.

14th Amendment Due Process

Guarantees fair legal procedures.

14th Amendment Equal Protection

Laws must apply equally to all citizens.

Barron v Baltimore

Bill of Rights originally applied only to the federal government.

Slaughterhouse Cases

Limited the Privileges or Immunities Clause.

Procedural due process

Fair methods and procedures.

Substantive due process

Protection of fundamental rights.

Incorporation

Application of the Bill of Rights to the states.

Rights not incorporated

3rd Amendment, 7th Amendment, grand jury clause.

DC v Heller

Recognized an individual right to bear arms.

McDonald v Chicago

Incorporated the Second Amendment to the states.

NY Rifle & Pistol Assn v Bruen

States cannot require special need for concealed carry.

Right to privacy

Implied from penumbras of the Bill of Rights.

Griswold v Connecticut

Protected access to contraception.

Roe v Wade

Established trimester system for abortion.

Dobbs v Jackson

Overturned Roe v Wade.

Preferred position doctrine

Speech is highly protected under the First Amendment.

Pure speech

Verbal expression.

Schenck v United States

Speech may be limited if it poses a clear and present danger.

Brandenburg v Ohio

Speech protected unless it incites imminent lawless action.

Chaplinsky v New York

Fighting words are not protected speech.

RAV v St Paul

Government must be content-neutral.

Miller v California

Established test for obscenity.

Tinker v Des Moines

Student speech protected unless it disrupts school.

Bethel v Fraser

Schools may restrict lewd student speech.

Hazelwood v Kuhlmeier

Schools may regulate school-sponsored speech.

Morse v Frederick

Schools may restrict pro-drug messages.

Mahanoy v BL

Schools have limited authority over off-campus speech.

Establishment Clause

Prevents government from establishing religion.

Wall of Separation

Government must not promote or endorse religion.

Nonpreferentialism

Government may accommodate religion neutrally.

Engel v Vitale

School-sponsored prayer is unconstitutional.

Lemon test

Three-part test for establishment clause violations.

Free Exercise Clause

Protects religious beliefs absolutely but practices conditionally.

Wisconsin v Yoder

Allowed religious exemption from compulsory education.

Employment Division v Smith

Neutral laws of general applicability are constitutional.