Flashcards on Key Court Cases and Constitutional Amendments in Political Science

1st Amendment

Freedom of Religion (Free Exercise and Establishment clause), Speech, of the Press, Assembly, and Petition

2nd Amendment

Protects the people's right to bear arms

3rd Amendment

No soldier can be quartered in a home without the permission of the owner

4th Amendment

Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause

5th Amendment

Protects rights of due process and the right to remain silent, double jeopardy

6th Amendment

The right to a fair and speedy trial by a jury of one's peers; to have witnesses and to give a defense

7th Amendment

The right to a trial by jury in civil cases for amounts of $20 or more

8th Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments

9th Amendment

People have other rights not specifically stated in the Constitution

10th Amendment

Gives all powers not specifically given to the United States government in the Constitution to either the STATES or to the PEOPLE (reserved powers)

11th Amendment

Determines when and if a state can be sued; states cannot be sued by people from other states or by foreigners

12th Amendment

The Electoral College must vote for the President and the Vice President separately

13th Amendment

Abolished slavery and involuntary servitude

14th Amendment

Declares that all persons born in the U.S. are citizens (citizenship clause), Privileges and Immunities Clause (all citizens retain the same rights across states), Due Process Clause (all citizens are entitled to the fair process of justice), and Equal Protection Clause (all citizens are entitled to equal protection under the law). Used to selectively incorporate the Bill of Rights to the states.

15th Amendment

Gave all men the right to vote regardless of race or color or whether they had been slaves

16th Amendment

Created an income tax and gave the Federal government the power to collect it

17th Amendment

Creates the direct election of Senators by the people (instead of state legislators)

18th Amendment

Prohibition of the drinking, manufacture, and sale of alcohol

19th Amendment

Gave women the right to vote

20th Amendment

Gives details on the terms of office for Congress and President; shortens "lame duck" period (time between election and inauguration)

21st Amendment

repealed the 18th Amendment and prohibition of alcohol

22nd Amendment

Limits the president to two terms in office (or 10 years)

23rd Amendment

Gave Washington, D.C. representatives in the electoral college so that citizens of D.C. could participate in the electoral process, even though it is not an official state

24th Amendment

Prohibited the poll tax

25th Amendment

Explains what happens when the President dies or is unable to continue in office (Succession)

26th Amendment

Sets the national voting age at 18, cannot be set any higher

27th Amendment

Any changes in Congressional salaries will take place after the next term starts

Marbury v. Madison

Establishes the principle of judicial review, giving the Supreme Court the authority to interpret the Constitution and declare acts of Congress unconstitutional.

McCulloch v. Maryland

Confirms the constitutionality of the Bank of the United States and establishes the supremacy of federal law over state law. Topic: federalism (shared power between states and national government)

- Supremacy Clause and Necessary and Proper Clause - expanded federal government power

Dred Scott v. Sandford

Equal Protection clause

the U.S. Supreme Court stated that enslaved people were not citizens of the United States and, therefore, could not expect any protection from the federal government or the courts

Plessy v. Ferguson

Equal Protection Clause and 13th Amendment

Legalizes racial segregation with the "separate but equal" doctrine, allowing states to maintain segregated facilities for different races.

Schenck v. U.S.

First Amendment - freedom of speech is not absolute.

Sets limits on free speech during wartime, establishing the "clear and present danger" test for restricting First Amendment rights.

Korematsu v. United States

5th amendment due process and equal protection clause in 14th amendment

Upholds the constitutionality of Japanese internment during World War II, even though it involved the relocation and detention of U.S. citizens.

- set a controversial precedent for potential civil rights violations during times of national security.

Brown v. Board

Equal Protection Clause of the fourteenth amendment

the Supreme Court ruled that separating children in public schools on the basis of race was unconstitutional. Separate is not equal. Overturned Plessy v. Ferguson

Mapp v. Ohio

4th amendment

strengthened the Fourth Amendment protection against unreasonable searches and seizures, making it illegal for evidence obtained without a warrant to be used in a criminal trial in state court.

Baker v. Carr

Equal protection clause of the 14th amendment

Establishes the principle of "one person, one vote," requiring legislative districts to be roughly equal in population.

Engel v. Vitale

Strikes down organized prayer in public schools, ruling that it violates the Establishment Clause of the First Amendment.

Gideon v. Wainwright

6th amendment - due process

Establishes the right to counsel for criminal defendants who cannot afford an attorney, ensuring a fair trial. (Florida man!)

Miranda v. Arizona

5th and 6th amendments (no self incrimination)

Requires law enforcement to inform individuals of their constitutional rights, including the right to remain silent and the right to an attorney, during custodial interrogations.

Tinker v. Des Moines

First amendment - freedom of speech

Upholds the free speech rights of students in public schools, declaring that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

- Schools can limit free speech only if it disrupts the educational environment

New York Times v. United States

First amendment-

Protects the freedom of the press by allowing the publication of classified documents related to government decisions, such as the Pentagon Papers.

- Prior Restraint is unconstitutional

Wisconsin v. Yoder

Free exercise clause, first amendment

Recognizes the right of parents to educate their children in a way that is consistent with their religious beliefs, even if it contradicts compulsory education laws.

- Amish schoolchildren could leave public school after 8th grade due to religious beliefs

Roe v. Wade

Legalizes abortion nationwide, establishing a woman's right to choose in the first trimester of pregnancy. Expanded federal government power and the right to privacy.

- Based on the precedent in Griswold v. Connecticut that established a Right to Privacy that can be inferred in the Constitution

United States v. Nixon

Rules that executive privilege cannot be used to withhold evidence needed in a criminal trial, leading to a President's resignation.

Regents of the University of California v. Bakke

Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964.

Affirms affirmative action but strikes down the use of racial quotas in university admissions.

Hazelwood v. Kuhlmeier

First amendment freedom of press

Allows school officials to censor school-sponsored publications, such as student newspapers, for legitimate educational purposes

Texas v. Johnson

First amendment free speech

Protects flag burning as a form of symbolic speech under the First Amendment.

Shaw v. Reno

14th amendment equal protection clause

Declares that redistricting based on race must be held to a standard of strict scrutiny, aiming to prevent racial gerrymandering.

Bush v. Gore

Use of 14th Amendment's equal protection clause to stop the Florida recount in the election of 2000.

District of Columbia v. Heller

Second amendment

established that the Second Amendment of the U.S. Constitution protects an individual right to gun ownership

U.S. v. Lopez

Commerce clause of Article 1

Limits the federal government's power under the Commerce Clause by striking down a federal law prohibiting gun possession near schools.

- Expanded state government power. Topic: federalism (shared power between states and national government)

McDonald v. Chicago

Fourteenth amendments due process clause and 2nd amendment

Extends the Second Amendment's right to bear arms to the states, prohibiting them from enacting laws that would infringe on this right.

- Selective Incorporation - applies the decision in DC v Heller to the state governments

Citizens United v. FEC

First amendment - freedom of speech

Allows corporations and unions to spend unlimited funds on independent political expenditures, deeming it a form of protected free speech under the First Amendment.

- Campaign Finance case, struck down parts of the Bipartisan Campaign Reform Act (BCRA)

Selective Incorporation

For example, a person's freedom of speech and freedom of religion, guaranteed in the First Amendment, applies to the states. As a result, if a state were to try and pass a law that deprives its citizens of the freedom of speech or the freedom of religion, that law would be unconstitutional.