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The articles of confederation
went into effect in 1781
weaknesses
lack of central authority
inability to levy taxes
no executive branch
difficulties passing laws due to the requirement for a unanimous vote
significance
represented the first attempt at a national government
underscored the challenges of federalism
Brutus No.1
written by robert yates
argued that a strong central government could threaten individual liberties and state sovereignty
opposed the ratification of the Constitution
Constitution
written in 1788
established a government with separation of powers, checks and balances, and federalism
Federalist No.10
written by James Madison
argued that a strong federal government can protect liberty because it guards against the danger of control by a narrow interest
a large republic will dilute the influence of any single faction
The Declaration of Independence
written in 1776 by Thomas Jefferson
argued for natural rights, the social contract, and the right of the people to overthrow an unjust government
Federalist No. 51
written by James Madison
necessity of checks and balances
separation of powers to prevent tyranny
provides a rationale for the structure of the government laid out in the constitution
Federalist No. 70
written by Alexander Hamilton
benefits of a single executive over a plural executive
quick, decisive
provides a rationale for the presidential system established in the constitution
Federalist No. 78
written by Alexander Hamilton
need for judicial independence and the introduction of judicial review
outlines the reasoning behind the lifetime appointment of judges and establishes the judiciary’s role in the system of checks and balances
Letter from a Birmingham jail
written by Martin Luther King Jr.
wrote the letter in response to a public statement of concern and caution issued by eight white southern religious leaders of the time
king defends the strategy of nonviolent resistance to racism, argues against the slow approach to racial equality, and explains the moral imperative for nonviolent direct action
Marbury v. Madison
right before adams left office, Congress passed the Judiciary Act of 1801 to create new courts and add judges to keep adams’ influence alive
the appointments were not valid until the appointed judges were delivered their commissions by Jefferson and one of the judges never got theirs
the court held that the commission should have been delivered, the clause of the judiciary act was unconstitutional
practice of judicial review was established
McCulloch v. Maryland
Maryland tried to pass a law that imposed taxes on the national bank
James McCulloch decided not to pay the tax
The state court had ruled that the Bank was unconstitutional, and the federal government did not have the authority to charter a bank
Congress concluded, based on the necessary & proper clause, that Congress is not limited by its expressed powers
concluded, based on the supremacy clause, that because the national laws were superior to state laws, the states were not allowed to tax the federal government
Schenck v. United States
a pair of socialists distributed leaflets that stated the draft violated the 13th amendment
the leaflet wanted people to disobey the draft and schenck was charged with violating the espionage act
supreme court held that the espionage act did not violate the first amendment and it was an appropriate exercise of Congress’ wartime authority
Brown v. Board of Education
African American students had been denied admittance to public schools because of these segregation laws, and many argued that this was in violation of the Constitution
court held that separate but equal is inherently unequal and therefore racial segregation of public schools is unconstitutional
segregated schools allowed by the previous Plessy case were declared unconstitutional
Baker v. Carr
an old law that detailed apportionment for Tennessee’s General Assembly had been ignored and stated that reapportionment did not take into account the significant change that the state had gone through
chief justice and court concluded that because of the fourteenth amendment issues that the case seemed to address, the supreme court did not have authority to hear this case
Engel v. Vitale
short but voluntary prayer would be recited at a school
Several organizations filed suit against the Board of regents, claiming that the prayer violated the Constitution
The court held that states could not hold prayers in public school, even if it was voluntary, and even if the prayer did not adhere to a specific religion
school sponsorship of religious activities = violation of first amendment
Gideon v. Wainwright
gideon was charged with a felony and requested he have a court appointed lawyer, however florida state law only gave lawyers to capital crimes/cases
gideon filed a habeas corpus suit, stating that the court’s decision violated his rights to be represented
holding was that the sixth amendment’s right to counsel applies to state court defendents via the fourteenth amendment
Tinker v. Des Moines Independent Community School District
a group of students decided to wear black armbands in order to protest the vietnam war
after wearing the armbands to school, the students were sent home and decided to sue
supreme court held that students still have free speech rights at school and in order to justify the suppression of speech, the speech must substantially interfere with school operations
New York Tikes Co. V. United States
nixon administration tried to prevent the New York times from publishing material that belonged to a defense department study about US intervention in Vietnam
nixon stated that it was necessary to national security to prohibit it before publication
court bolstered freedom of the press
Wisconsin v, Yoder
Amish parents refused to send their children to school after the 8th grade because their religion did not agree with high school attendance
They were charged under a Wisconsin law that required students to attend school until age 16
The court held that the requirement to send children to school beyond the eighth grade was unconstitutional
states that an individuals interest in the free exercise of religion was more powerful than federal interest in sending children to school beyond the eighth grade
Shaw v. Reno
Several North Carolina residents challenged a proposed, unusually shaped district. they believed that the only purpose of the district was that it would definitely elect African-American representatives
supreme court held that because the district was shaped in such an odd way, it was enough to prove that there was a very apparent effort to separate voters racially
United States v. Lopez
a guy brought a gun into his school
federal charges were soon imposed because of the violation of the Gun-Free School Zones Act
Act states that individuals could not possess firearms within school zones based on the premise of the commerce clause
law was considered unconstitutional since having a gun in the school zone did not substantially affect interstate commerce, which is a clear provision in the commerce clause
reaffirmed the tenth amendment
McDonald v. Chicago
chicago passed a handgun ban law and several suits were filed against the city challenging the ban
court stated that the handgun ban was unconstitutional
because the right to self-defense was fundamental, the 2nd amendment was incorporated to the states through the fourteenth amendment’s due process clause
Citizens United v. federal election commission
bipartisan campaign reform act had banned corporations from independent political spending and direct contributions to campaigns or politcal parties
the holding was that corporations should be considered people and therefore their funding of “independent political expenditures cannot be limited”
considered a form of political speech, which is protected by the free speech portion of the first amendment
led to the development of super PACS and significant increase in the amount of money contributed to political campaigns
1st
freedom of religion, speech, press, assembly, and petition
2nd
right to keep and bear arms
3rd
bans quartering of soliders
4th
bans unreasonable searches and seizures
5th
right to due process, no self-incrimination, no double jeopardy
6th
right to fair and speedy trial
7th
right to trial by jury
8th
bans cruel and unusual punishment, no excessive fines or bails
9th
unenumerated rights; government cannot infringe people's rights
10th
powers to states
11th
immunity of states being sued by non-residents of that state
12th
president and vice are elected separately
13th
abolishes slavery
14th
defines citizenship, naturalization and equal protection
15th
universal male suffrage
16th
allows congress to collect income tax
17th
senate is elected directly
18th
prohibition of alcohol (repealed by 21st)
19th
women's suffrage
20th
"lame duck" - fixes dates of term commencements of congress and president
21st
repeals 18th amendment
22nd
limits president to 2 terms
23rd
provides representation for DC
24th
prohibits poll taxes
25th
defines process of presidential succession
26th
18 is national voting age
27th
changes in congressional salary take effect on its next term