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27 Amendments, Notable Court Cases, and Key Terms
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Bill of Rights
First 10 amendments to the US Constitution
1st Amendment
Freedom of religion, speech, press, assembly, and petition
2nd Amendment
Right to bear arms
3rd Amendment
Prohibits quartering of soldiers in homes during peacetime
4th Amendment
Protects against unreasonable searches and seizures
5th Amendment
Protects against double jeopardy, self-incrimination, and deprivation of life, liberty, or property without due process
6th Amendment
Right to a speedy trial, jury trial, and attorney
7th Amendment
Right to a jury trial in civil cases
8th Amendment
Prohibits excessive bail, fines, and cruel and unusual punishment
9th Amendment
Protects non-enumerated rights
10th Amendment
Reserves powers not granted to the federal government to the states or people
11th Amendment
Limits federal court jurisdiction in suits against states
12th Amendment
Modifies the electoral college process, electors must cast separate votes for president and vice president
13th Amendment
Abolishes slavery
14th Amendment
Guarantees citizenship, due process, and equal protection
15th Amendment
Grants African American men the right to vote
16th Amendment
Authorizes federal income tax
17th Amendment
Allows for direct election of senators
18th Amendment
Prohibits the sale of alcohol (Prohibition)
19th Amendment
Grants women the right to vote
20th Amendment
Sets terms for President, Vice President, and Congress; establishes succession
21st Amendment
Repeals Prohibition
22nd Amendment
Limits presidents to two terms
23rd Amendment
Grants the District of Columbia electoral votes
24th Amendment
Prohibits poll taxes
25th Amendment
Addresses presidential succession and disability
26th Amendment
Lowers the voting age to 18
27th Amendment
Limits congressional pay raises during a session
Marbury v. Madison
Established the power of judicial review
Gibbons v. Ogden
Federal government has power to regulate interstate commerce
Barron v. Baltimore
Bill of Rights only restricts the powers of the federal government not the state governments
Gitlow v. New York
Government can limit speech that threatens national security
Lemon v. Kurtzman
Government aid to religious schools must have a secular purpose
Zelman v. Simmons-Harris
Government vouchers for private schools, including religious ones, are constitutional
Engel v. Vitale
School-sponsored prayer in public schools is unconstitutional
School District of Abington Township v. Schempp
Bible readings in public schools are unconstitutional
Near v. Minnesota
Government cannot censor the press in advance
Schenck v. United States
Speech can be limited if it presents a clear and present danger
Obscenity
Material not protected by the First Amendment
Prurient interests
Sexual desires or interests
Libel
False statement damaging a person's reputation
Flag burning
Protected symbolic speech
Search warrant
Authorization to search premises
Exclusionary rule
Illegally obtained evidence cannot be used in court
Miranda rights
Rights read to suspects before questioning
Gideon's right
Right to a lawyer if cannot afford one
Death penalty
Not inherently cruel and unusual punishment
Racial bias
Prejudice based on race
Abortion rights
Protected under the Constitution
Undue burden
Standard for evaluating restrictions on abortion
Slave rights
No rights as a citizen if escaped to a free state
Segregation
Separation of races
Equal protection
Guarantee under the Fourteenth Amendment
Discrimination
Unfair treatment based on characteristics
Legal segregation
Ended by Brown v. Board of Education
Hispanic protection
Extended by Hernandez v. Texas
United States (1944)
A 1944 Supreme Court decision upholding the internment of Americans of Japanese descent during World War II.
Reed v. Reed (1971)
Landmark 1971 case where the Supreme Court upheld a claim of gender discrimination.
Craig v. Boren (1976)
1976 ruling establishing the 'intermediate scrutiny' standard for gender discrimination.
Regents of the University of California v. Bakke (1978)
1978 decision allowing race consideration in admissions but not setting aside spots for specific racial groups.
Adarand Constructors v. Pena (1995)
1995 decision deeming race-based federal programs unconstitutional.
Scott v. Sandford (1857)
1857 ruling denying rights to escaped slaves in free states.
Plessy v. Ferguson (1896)
1896 decision justifying segregation under 'separate but equal.'
Brown v. Board of Education (1954)
1954 decision deeming school segregation unconstitutional.
Hernandez v. Texas (1954)
1954 decision extending discrimination protection to Hispanics.
Korematsu v. United States (1944)
1944 decision upholding internment of Japanese Americans during WWII.
Constitution
A nation's fundamental law establishing political institutions, powers, and citizen guarantees.
Unwritten
Can be either written or unwritten
Supersedes
Ordinary law
Individual rights
Guaranteed by constitutional law
Checks on power
Allow for decentralization and guarantee individual rights
Declaration of Independence
Formal document declaring independence of American colonies from Great Britain
Natural Rights
Basic freedoms every person is born with
Consent of the Governed
Government gets power from people and rules with their approval
Limited Government
Government with rules limiting its power to protect people's rights
Articles of Confederation
First set of rules for governing the US after independence
Shays' Rebellion
Protest showing weakness of government under Articles of Confederation
U.S. Constitution
Set of rules governing the US today, replaced Articles of Confederation
Factions
Groups working together with similar ideas to achieve goals
New Jersey Plan
Organized US government with equal state power
Virginia Plan
Organized US government with power based on state population
Connecticut Compromise
Combined New Jersey and Virginia Plans to create current government
Writ of Habeas Corpus
Legal document protecting people from unfair imprisonment
Separation of Powers
Government divided into legislative, executive, and judicial branches
Checks and Balances
System where each government part limits power of others
Republic
Government where people elect representatives to make decisions
Federalists
Supporters of the US Constitution and strong federal government
Anti-Federalists
Opponents of the US Constitution wanting more state power
Federalist Papers
Essays explaining and defending the US Constitution
Equal Rights Amendment
Proposed change guaranteeing equal rights for women
Judicial Review
Power of Supreme Court to decide law constitutionality
Federalism
System with shared power between federal and state governments
Unitary Governments
Centralized power with no power sharing
Intergovernmental Relations
Cooperation among federal, state, and local governments
Supremacy Clause
Federal law highest, overrides state law in conflicts
Tenth Amendment
Powers not federal belong to states or people
Maryland
Famous court case establishing implied powers of the federal government
Enumerated Powers
Specific powers listed in the federal Constitution
Implied Powers
Inferred powers to carry out enumerated powers at the federal level
Elastic Clause
Also known as the Necessary and Proper Clause, grants Congress the power to make laws needed to execute its other powers