Unit 3 Vocabulary

Articles of the Confederation

first US governing document — established a very weak central government, lead to many problems

Brutus 1

anti-federalist document, argued against the constitution

• federal government would be too far from the people to represent them

Declaration of Independence

declares independence from Great Britain

• establishes ideals

• explains to the world

Federalist 10

argued for US Constitution

• large republic would prevent against factions — each one would drown each other out

Federalist 51

Humans inherently want more power

• separation of powers makes it so any attempt to limit the power of one branch would limit the power of another

  • people wouldn't change

Federalist 70

strong executive is necessary

• someone to blame

  • person to look to in conflict

Federalist 78

a republic needs a independent judiciary

• Judicial Review - keep sure the constitution is above all

  • unlimited terms allows judiciary to be independent

MLK Letter from Birmingham Jail

written by MLK in birmingham jail

• promotes violating unjust laws

• importance of peaceful protest

Marbury v. Madison

establishes judicial review

McCulloch v. Maryland

states that the commerce clause does not allow the regulation of guns in schools since it does not concern interstate commerce

Schneck v. US

the US govt can restrict free speech if it could harm the US

• Schneck provided materials that taught people how to violate the draft

Brown v. Board

undoes Plessy v. Ferguson. Separate is not equal

Baker v. Carr

one man one vote, courts can rule on legislative maps. districts must be equal in population

Engel v. Vitale

school sponsored religious activity is not allowed

Gideon v. Wrainright

a lawyer must

Tinker v. Des Moines

students are permitted to protest in schools, non disruptively

New York Times v. US

limited prior restraint, govt must show heavy burden

Yoder. v. Wisconsin

state cannot force Amish kids to go to school — would violate free exercise

United States v. Lopez

limits the commerce clause, gun-free schools does not concern commerce

McDonald v. Chicago

override Chicago city-wide handgun ban, incorporated the 2nd amendment to states

Citizens United v. FEC

companies are people, limiting money limits speech

The Bill of Rights

first ten amendments — provide rights to citizens

1st Amendment

RAPPS - religon assembly press petition speech

2nd Amendment

protects right to bear arms, create well regulated militia

3rd Amendment

quartering is banned during peace

4th Amendment

no unreasonable search and seizure

5th Amendment

• due process

• self-incrimination

• grand jury

• eminent domain

• double jeopardy

6th Amendment

• right to a lawyer

• speedy trial

• question witnesses

• know charges

• jury (criminal)

7th Amendment

lawyer (civil)

8th Amendment

no cruel/unusual punishment/ excessive bail

9th Amendment

rights not in the constitution are given to people

10th Amendment

powers not in the constitution belong to states

14th Amendment

• due process to states

• equal protection clause

  • citizenship clause

Selective Incorporation

applying bill of rights to state, one right at a time

Due Process

following the rules established

Affirmative Action

providing certain benefits to certain races

Civil liberities

freedoms provided to the people

Civil Rights

protection from discrimination

Establishment Clause

govt cannot establish a religion

Free Exercise Clause

govt must allow free exercise of relgion

Procedural Due Process

due process (specifically with the procedures in a case)

Exclusionary Rule

evidence gathered unconstitutionally cannot be used.