1/59
POL 104 Final exam
Name | Mastery | Learn | Test | Matching | Spaced |
|---|
No study sessions yet.
Declaration of independence
unalienable natural rights (Life, Liberty, Pursuit of Happiness), government by consent of the governed, the right to revolution against tyrannical rule, equality (though limited in practice), and the establishment of self-governance and sovereignty
Preamble of the Constitution
to declare that the power of government comes from the people ("We the People") and to state the fundamental purposes of the new government
Article 1, section 8
details the enumerated powers of Congress, outlining what the federal legislative branch can do, such as taxing, borrowing money, regulating commerce, coining money, establishing post offices, declaring war, and promoting science/arts (patents/copyrights)
Article 4
state citizenship, the relationship between states, and the admission of new states
Article 5
protects individuals from government overreach in legal proceedings, guaranteeing rights like Grand Jury indictment for serious crimes, protection from Double Jeopardy (being tried twice for the same crime), the right against Self-Incrimination
Article 6
the supremacy of federal law over state law, that federal laws and treaties are the supreme law of the land, and no religious test shall be required for public office
1 st Amendment
protecting fundamental rights from government interference, primarily focusing on freedom of religion, speech, the press, peaceful assembly, and the right to petition the government
2nd Amendment
protects the right for Americans to possess weapons for the protection of themselves, their rights, and their property
4th Amendment
protects people from unreasonable searches and seizures by the government
5th Amendment
protection from self-incrimination allows citizens to not have to testify in court if they feel that it might incriminate themselves
6th Amendment
to guarantee fair and speedy criminal trials, ensuring that people accused of crimes have crucial rights like a public trial by an impartial jury
8th Amendment
prohibit excessive bail, excessive fines, and cruel and unusual punishments, ensuring fair treatment and humane conditions within the criminal justice system
9th Amendment
people have fundamental rights beyond those specifically listed in the Constitution, and listing some rights doesn't mean others don't exist or aren't protected
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
13th Amendment
forbids chattel slavery across the United States and in every territory under its control, except as a criminal punishment.
14th Amendment
establish Citizenship for all born or naturalized in the U.S., guarantee Due Process (fair legal treatment), mandate Equal Protection of laws for everyone, and address Apportionment/Disqualification (representation, Confederate leaders)
15th Amendment
prohibit the federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude," granting voting rights to African American men after the Civil War and ensuring Black men's suffrage nationwide
17th Amendment
direct election of U.S. Senators by popular vote
19th Amendment
granting women the right to vote
24th Amendment
abolition of the poll tax, a fee required to vote, ensuring that citizens cannot be denied the right to vote in federal elections
26th Amendment
lowering the voting age to 18 for all U.S
Marbury v. Madison (1803)
Court Case: the establishment of judicial review, the principle that the Supreme Court has the authority to declare an act of Congress unconstitutional, making the judiciary a co-equal branch of government and the ultimate interpreter of the Constitution
Dred Scott v. Sandford (1857)
Court Case: the Supreme Court ruled that Black people, free or enslaved, were not U.S. citizens and had no right to sue
McCulloch v. Maryland (1819)
Court Case: established the supremacy of federal laws over state laws and defined the broad scope of Congress's implied powers under the "necessary and proper" clause, ruling that states couldn't tax a federal entity (the Bank of the United States) because the Constitution established federal power as supreme, famously stating, "the power to tax involves the power to destroy"
Plessy v. Ferguson (1896)
Court Case: the courts are to approve of racial segregation if facilities reserved for African Americans were deemed equal to those reserved for white people.
Schenck v. U.S. (1919)
Court Case: the First Amendment's protection of free speech isn't absolute and can be limited when speech creates a "clear and present danger" to national security, especially during wartime, as established by Justice Holmes' famous analogy of falsely shouting "fire" in a crowded theater.
Everson v. Board of Education (1947)
The Supreme Court upheld bus fare reimbursements for private school students in the first case to use the Fourteenth Amendment to apply the First Amendment's establishment of religion clause to the states.
Brown v. Board of Education (1954)
Court Case: racial segregation in public schools is unconstitutional
Mapp v. Ohio (1961)
Court Case: The high court said evidence seized unlawfully, without a search warrant, could not be used in criminal prosecutions in state courts.
Engel v. Vitale (1962)
Court Case: state-sponsored, school-led prayer in public schools violates the Establishment Clause of the First Amendment, even if the prayer is nondenominational and participation is voluntary
Gideon v. Wainwright (1963)
Court Case: was that the Sixth Amendment's guarantee of a right to counsel in criminal cases applies to states, meaning states must provide lawyers for poor (indigent) defendants facing serious charges if they can't afford one, establishing legal representation as a fundamental necessity for fair trials, not a luxury
Sherbert v. Verner (1963)
Court Case: established the "Sherbert Test", a major principle for the Free Exercise Clause of the First Amendment, ruling that a state cannot deny unemployment benefits to someone
Heart of Atlanta Motel v. U.S. (1964)
the constitutionality of the Civil Rights Act of 1964's ban on racial discrimination in public accommodations, specifically hotels, with the Supreme Court ruling that Congress had the power to prohibit such discrimination under the Commerce Clause because the motel's business, serving interstate travelers, substantially affected interstate commerce, thereby validating federal authority to regulate local activities that impede national flow of commerce.
Griswold v. Connecticut (1965)
Court Case: was the establishment of a constitutional right to privacy, specifically protecting married couples' right to use contraception, invalidating a state law that banned it
Miranda v. Arizona (1966)
the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination
Tinker v. Des Moines (1969)
established that students don't lose their First Amendment free speech rights at the schoolhouse gate; the main theme is that student expression, even symbolic acts like wearing armbands to protest the Vietnam War, is protected unless it materially and substantially disrupts the educational environment, affirming students' constitutional rights within public schools.
New York Times v. U.S. (1971)
or the "Pentagon Papers" case, is the powerful affirmation of freedom of the press (First Amendment) against government attempts at prior restraint, establishing a high bar for censorship, and balancing national security with the public's right to know
Lemon v. Kurtzman (1971)
Supreme Court decision that established that aid to church-related schools must (1) have a legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not support excessive government entanglement with religion.
Wisconsin v. Yoder (1972)
The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the eighth grade because it would violate long-held religious beliefs
Roe v. Wade (1973)
court case: whether the U.S. Constitution protects a pregnant woman's right to an abortion
U.S. v. Nixon (1974)
centered on President Nixon's refusal to release Watergate tapes, forcing the Supreme Court to rule on executive privilege versus judicial power, ultimately establishing that executive privilege is not absolute and the President is not above the law, requiring him to comply with a subpoena for evidence in a criminal investigation, which led to his resignation after the tapes revealed his obstruction of justice.
Texas v. Johnson (1989)
established that burning the American flag as a form of protest is protected symbolic speech under the First Amendment, ruling that the government cannot prohibit expression just because society finds it offensive
Employment Division v. Smith (1990)
United States Supreme Court case that held that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote even though the use of the drug was part of a religious ritual.
U.S. Lopez (1995)
The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce
Bush v. Gore (2000)
Supreme Court Case: was the constitutional challenge to the manual recount procedures of Florida's presidential election votes, specifically the lack of uniform standards across the state
Citizens United v. FEC (2010)
is that political spending by corporations and unions is a form of protected speech under the First Amendment, meaning the government cannot ban independent expenditures by these entities to support or oppose political candidates
Shelby County v. Holder (2013)
was the Supreme Court striking down the formula used to determine which states needed federal approval ("preclearance") for voting changes, arguing it was outdated and violated states' equal sovereignty, effectively gutting a key part of the Voting Rights Act and opening the door for potentially discriminatory voting laws
Obergefell v. Hodges (2015)
the U.S. Supreme Court ruled that all same-sex couples are guaranteed the right to marry
Dobbs v. Jackson Women’s Health Organization (2022)
Supreme Court Case: rejection of a constitutional right to abortion
Judiciary Act of 1789
federal act which established the lower federal courts and other functions of the federal judiciary
Social Security Act of 1935
the new Act created a social insurance program designed to pay retired workers age 65 or older a continuing income after retirement.
National Labor Relations Act of 1935
was created to protect workers' rights to organize, form unions, and bargain collectively with employers
Civil Rights Act of 1964
outlaw discrimination based on race, color, religion, sex, or national origin, ensuring equal rights and ending segregation in public accommodations, employment, and federally funded programs
Voting Rights Act of 1965
Act: is to enforce the constitutional right to vote and eliminate racial discrimination in voting
Freedom of Information Act of 1966
to ensure an informed citizenry by granting the public the right to access records and information from federal government agencies, promoting government transparency, and holding officials accountable
Equal Rights Amendment
to guarantee equal legal rights for all American citizens regardless of sex
Title 9 of the 1972 Education Amendments
prohibits sex-based discrimination in any education program or activity receiving federal funding, ensuring equal opportunities in admissions, financial aid, student services, and athletics for all genders, including protections against sexual harassment and violence
Americans with Disabilities Act of 1990
is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities
USA Patriot Act of 2001
(the Act) is intended to make it more difficult for terrorists to launder money in the United States
Affordable Care Act of 2010
Act: expand health insurance coverage to millions of uninsured Americans, improve the quality and affordability of health insurance, and slow the growth of healthcare costs