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Declaration of Independence
Justified separation from Britain; natural rights.
Articles of Confederation
Legislative Branch only, need all states to amend, lacked ability to pass legislation quickly or put down uprisings→ leads to the need for the Constitution.
Constitution
Framework of U.S. government; separation of powers & federalism.
Federalist No. 10
Factions are inevitable; large republic prevents tyranny.
Brutus No. 1
Anti-Federalist; feared centralized power and loss of liberty.
Federalist No. 51
Separation of powers & checks and balances.
Federalist No. 70
Strong, single executive needed for energy & accountability.
Federalist No. 78
Independent judiciary; power of judicial review.
Letter from Birmingham Jail
Just vs. unjust laws; civil disobedience.
Separation of Powers
Division among legislative, executive, judicial branches.
Checks and Balances
Each branch can limit the powers of the others.
Federalism
Division/Sharing of power between national and state governments.
Popular Sovereignty
Power comes from the people.
Limited Government
Government is restricted by the rule of law.
Republicanism
Citizens elect representatives to make decisions.
Participatory Democracy
A model where citizens have the power to make policy decisions directly or closely influence them.
Pluralist Democracy
A model where political power is distributed among many competing interest groups.
Elitist Democracy
A model where a small group of people hold the most power and influence decisions.
Engel v. Vitale (1962)
No school-sponsored prayer; establishment clause. (1st Amendment)
Marbury v. Madison (1803)
Judicial review established.
Wisconsin v. Yoder (1972)
Religious freedom > school attendance. (1st Amendment→ Free Exercise Clause)
McCulloch v. Maryland (1819)
Supremacy clause; implied powers.
Tinker v. Des Moines (1969)
Symbolic speech protected in schools. (1st Amendment → Free Speech)
U.S. v. Lopez (1995)
Limited Congress' power under the commerce clause.
Schenck v. U.S. (1919)
"Clear and present danger" test for free speech.
Baker v. Carr (1962)
One person, one vote; justiciability of redistricting.
NY Times v. U.S. (1971)
Prior restraint violates freedom of press.
Shaw v. Reno (1993)
No racial gerrymandering.
McDonald v. Chicago (2010)
Incorporated 2nd Amendment to the states.
Brown v. Board (1954)
Segregation violates equal protection clause.
Gideon v. Wainwright (1963)
Right to attorney in state trials.
Congress (Legislative)
Makes laws; bicameral (House & Senate); power of the purse.
President (Executive)
Enforces laws; commander-in-chief; veto power.
Bureaucracy
Implements policies; regulated through rulemaking.
Courts (Judicial)
Interprets laws; judicial review.
Necessary and Proper Clause
Allows Congress to pass laws needed to carry out enumerated powers.
Political Parties
Organize elections and coordinate policy.
Interest Groups
Influence policy via lobbying, litigation, and electioneering.
PACs/Super PACs
Fund campaigns; Super PACs cannot coordinate directly.
Electoral College
Presidential elections; winner-takes-all system in most states.
Voter Turnout
Influenced by registration laws, education, and age.
Trustee Model of Representation
Elected officials vote in whatever manner they feel best serves their constituents.
Delegate model of representation
Elected officials act as direct representatives of their constituents, expected to vote according to their will.
Politico model of representation
A hybrid approach where representatives balance acting as both delegates and trustees, influenced by constituents but also using their own judgment.
Bill of Rights
First 10 amendments protecting individual freedoms.
14th Amendment
Provides due process and equal protection; basis for incorporation.
Selective Incorporation
Applying Bill of Rights to states via 14th Amendment's Due Process Clause.
Civil Rights Act (1964)
Banned discrimination in public places.
Voting Rights Act (1965)
Outlawed literacy tests and voter suppression tactics.
Civil Liberties
Protections FROM the government.
Civil Rights
Protections BY the government.
Purpose of Civil Liberties
Protect freedoms.
Purpose of Civil Rights
Ensure equality.
Focus of Civil Liberties
Individual freedoms.
Focus of Civil Rights
Group protections.
Legal basis for Civil Liberties
Bill of Rights.
Legal basis for Civil Rights
14th Amendment (DPC) - incorporation to the states via SCOTUS cases.
Examples of Civil Liberties
Free speech, due process, protections against unreasonable search and seizure.
Examples of Civil Rights
Employment non-discrimination laws.
Proposal for Amending the Constitution
By 2/3 of both houses of Congress or by a national convention called by 2/3 of state legislatures.
Ratification for Amending the Constitution
By 3/4 of state legislatures or by 3/4 of state ratifying conventions.
1st Amendment
Freedom of speech, religion, press, petition, and assembly.
2nd Amendment
Right to bear arms.
3rd Amendment
Government cannot force citizens to house soldiers during peacetime.
4th Amendment
Protects against unreasonable searches and seizures.
5th Amendment
Right to a jury, protection against double jeopardy, and self-incrimination.
6th Amendment
Right to a speedy and public trial, to a lawyer, and to a jury.
7th Amendment
Guarantees the right to a jury trial in federal civil cases.
8th Amendment
Prohibits excessive bail, fines, or cruel and unusual punishments.
9th Amendment
Rights not listed in the Constitution are still protected.
10th Amendment
Powers not given to the federal government nor withheld from states are reserved to the states or the people.
15th Amendment
Cannot deny vote based on race, color, or previous condition of servitude.
17th Amendment
Direct election of U.S. Senators by the people.
19th Amendment
Women's suffrage.
23rd Amendment
Residents of D.C. can vote for President.
24th Amendment
Banned poll taxes in federal elections.
26th Amendment
Voting age lowered to 18.
Judicial Activism
Judges actively interpret the Constitution and laws to reflect current conditions and values.
Judicial Restraint
Judges limit their own power and avoid overturning laws unless clearly unconstitutional.