Studied by 3 people
guess who back, back again
First Amendment
Freedom of Religion (Establishment & Free Exercise Clauses), Speech, Press, Assembly and Petition
Second Amendment
The Right to Keep and Bear Arms
Third Amendment
No quartering of soldiers in homes during peace time
Fourth Amendment
No unreasonable searches and seizures without a warrant
Fifth Amendment
May have a grand jury, no double jeopardy, no self-incrimination
Sixth Amendment
Speedy and public trial, Miranda Rights, Assistance of Counsel
Seventh Amendment
Right to a jury in civil trials
Eighth Amendment
No excessive bail, no cruel and unusual punishment
Ninth Amendment
The rights of the people are not just the rights described in the Constitution
Tenth Amendment
The government only has the rights expressly written in the US Constitution
Necessary and Proper Clause (Elastic)
Congress can make any law that it feels is necessary and proper
Supremacy Clause
The national government is supreme and above state governments
Commerce Clause (Interstate)
Congress can regulate commerce with foreign nations and between different states
Full Faith and Credit Clause
All states have to follow the records made in other states
Due Process Clause (5th Amendment)
No person shall be deprived of life, liberty or property without due process of law
Due Process Clause (14th Amendment, Selective Incorporation)
Applies to states and no person shall be deprived of life liberty or property without due process of law
Equal Protection Clause (14th Amendment)
States must apply the law equally and can not discriminate against people or groups of people
Establishment Clause (1st Amendment)
Congress can not make a national religion
Free Exercise Clause (1st Amendment)
All people can practice their religion
US v. Lopez
The government does not have unlimited power under the Commerce Clause
Engel v. Vitale
1st Amendment, Establishment Clause - Public schools cannot require prayer in classrooms.
Tinker v. Des Moines
1st Amendment, Freedom of Expression - Students have the right to symbolic speech if it does not disrupt learning.
McCullough v. Maryland
The Necessary and Proper Clause allows Congress to pass "appropriate and legitimate" legislation
Wisconsin v. Yoder
1st Amendment, Free Exercise Clause - The government cannot restrict the free exercise of religion in public schools
Gideon v. Wainwright
6th Amendment - The Right to Counsel, paid for by the state
Schenck v. US
1st Amendment, Freedom of Speech - Limits on Free Speech if "Clear and Present Danger"
NY Times v. US
1st Amendment, Freedom of the Press - No prior restraint against the Press that restricts what they publish
McDonald v. Chicago
14th Amendment, Incorporation - States must incorporate the Second Amendment to all states
Roe v. Wade
14th Amendment, Implied Right to Privacy - An abortion is a woman's private decision
Baker v. Carr
One Man, One Vote - Courts have the right to review district lines and must be evenly drawn
Citizens United v. FEC
1st Amendment, Freedom of Speech - Corporations have the same free speech as any citizen
Shaw v. Reno
Drawing district lines based just on race is unconstitutional
Brown v. Board of Education
14th Amendment, Equal Protection Clause - "Separate but equal" is unconstitutional in public schools
Marbury v. Madison
SCOTUS has Judicial Review (the power to determine if cases are constitutional)
Note 
Flashcard (25)