Foundational Documents of American Government, Key Constitutional Clauses and Their Significance

Declaration of Independence

Formal statement declaring 13 colonies' independence from Britain.

Natural Rights

Rights inherent to all individuals, protected by government.

Popular Sovereignty

Authority of government derived from the consent of the governed.

Grievances

Complaints listed against King George III and Parliament.

Articles of Confederation

America's first constitution, established a weak federal government.

Unicameral Congress

Single legislative body without separate chambers.

Shay's Rebellion

Uprising exposing weaknesses of the Articles of Confederation.

U.S. Constitution

Governing document replacing Articles, establishing federal powers.

Bicameral Legislature

Legislative body with two chambers, House and Senate.

Checks and Balances

System ensuring no branch of government becomes too powerful.

Federalist Papers

Essays promoting ratification of the U.S. Constitution.

Brutus No. 1

Anti-Federalist essay expressing fears of federal power.

Factions

Groups with shared interests potentially harmful to democracy.

Tyranny of the Majority

Situation where majority factions infringe on minority rights.

Federalist No. 10

Essay arguing a large republic controls factionalism better.

Federalist No. 51

Explains separation of powers to prevent government tyranny.

Energy in the Executive

Need for a strong, decisive president to govern effectively.

Federalist No. 70

Advocates for a single, energetic executive leader.

Judicial Review

Power of courts to assess constitutionality of laws.

Federalist No. 78

Argues for lifetime terms for federal judges for independence.

Bill of Rights

First ten amendments protecting individual liberties.

Constitutional Federal Republic

Government structure combining federal and state powers.

Great Compromise

Agreement creating a bicameral legislature in Congress.

Preamble

Introduction to the Constitution stating its purposes.

Anti-Federalists

Opponents of the Constitution fearing federal overreach.

Sovereignty

Supreme power or authority within a territory.

Marbury v. Madison

established the principle of judicial principle

McCulloch v. Maryland

confirmed the supremacy of the federal over state law and the implied powers of congress

Dred Scott v. Sanford(1857)

denied citizenships to african american slaves/fugitive slave act

Plessy v. Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal

Schenck v. US

A United States Supreme Court decision concerning the question of whether the defendant possessed a First Amendment right to free speech against the draft during World War I. Ultimately, the case served as the founding of the "clear and present danger" rule.

Korematsu v. US

1944 Supreme Court case where the Supreme Court upheld the order providing for the relocation of Japanese Americans. It was not until 1988 that Congress formally apologized and agreed to pay $20,000 2 each survivor

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Mapp v Ohio

established that evidence obtained in violation of the fourth's amendment is inadmissible in state courts

Baker v. Carr

case that est. one man one vote. this decision created guidelines for drawing up congresional districts and guaranteed a more equitable system of representation to the citizens of each state

Engel v. Vitale

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.

Gideon v. Wainwright (1963)

Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

Tinker v. Des Moines

Students have the right to symbolic speech at school as long as it is not disruptive

New York Times v. US

The President argues that the publication of the Pentagon Papers is in violation of executive privilege. Result: The barring of the publication of these papers is in violation of the 1st A. Publication does not imperial the public.

Winsconsin v Yoder

1972 - Case in which the United States Supreme Court found that Amish children could not be placed under compulsory education past 8th grade.
Teachers Description: Amish do not have to go to school- free exercise.

Roe v. Wade

(1973) legalized abortion on the basis of a woman's right to privacy

United States v. Nixon

The 1974 case in which the Supreme Court unanimously held that the doctrine of executive privilege was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions

Regents of the University of California v. Bakke

A 1978 Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race.

Hazelwood v. Kuhlmeier

School newspapers can be censored by teachers and administrators

Texas v. Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

Shaw v. Reno

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

US v. Lopez

Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.

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

U.S. Supreme Court case that upheld that the Second Amendment protects an individual's right to possess a firearm

McDonald v. Chicago

The right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the due process clause of the 14th Amendment and applies to the states.

Citizens United v. Federal Election Commission

ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures.

social contract

A voluntary agreement among individuals to cooperate for social benefits

Rule of law

principle that the law applies to everyone, even those who govern

due process

fair treatment through the normal judicial system, especially as a citizen's entitlement.

Equality under the law

all individuals are treated equally

natural rights and natural law

rights that people supposedly have under natural law, including life, liberty, and pursuit of happiness

federalism

an institutional arrangement that creates two relatively autonomous levels of government, each possessing the capacity to act directly on the people with authority granted by the national constitution

Constitutionalism

The theory developed in early modern England and spread elsewhere that royal power should be subject to legal and legislative checks.

replucanism and representative democratic government

a philosoppy advocating ffor elected representatives erving at the will of the people

majority and minority rules

principle that the decisions of the majority rule while respecting the rights of the minority

term limits

legally prescribed limits on the number of terms an elected official can serve

age of house member

25

Age Senators must be

30

age of president

35

legislation

conflicts and compromises
territorial expansion (Homestead Act, Pendleton Act
expansion/restriction of civil rights
expansions/restrictions of social programs
environmental protections
expansion of presidential and war powers

executive actions

foreign policy
territorial expansion(Louisiana purchase)
civil rights restriction/expansions(Japanese-american internment,when they didn't have rights;treated them like shit)
use of executive orders(military desegregation)
bully pulpit
presidential war powers

Constitution

the supreme law of the us,establishing the national government and fundamental laws

article1

legisative bracnh:establises congrss and its legislative powers

article II

the executive branch: defines the role and powers of the president

article III

the judicial branch: establishes the Supreme Court and other federal courts

article IV

Addresses state powers and limits, the Full Faith and Credit Clause, and the admission of new states.

article V

amendment process details the process for amending the constitution

article VI

supremacy clause: estav=blishes the constitution as the supreme law of the land

Aticle VII

ratification: addresses the process for ratification of the constitution

expressed/enumerated/delegated and implied powers

Powers explicitly listed in the Constitution and powers that are implied by necessary and proper clauses.

nill of rights and other amendments

the first ten amendments and subsequent amendments to the contitution

Federalists/Anti-Feds

-Federalists: the new constitution is necessary (John jay, James madison, Alexander Hamilton)
-Anti feds: mad that the constitution was changed completely (Samuel adams, Thomas Paine, Patrick Henry)

claues of the untied states consittution

specific provision within the constitution that address various legal and government issues

1st amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd amendment

Right to bear arms

Necessary and Proper Clause

The Congress shall have power . . . To make all laws which shall be necessary and proper for carrying into execution the foregoing powers ...

Elastic Clause

Congress has the authority to make laws that are necessary and proper for carrying out its enumerated powers, even if those laws address matters not explicitly mentioned in the Constitution.

Commerce Clause

The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

Due Process Clause (5th Amendment)

No person shall ... be deprived of life, liberty, or property, without due process of law;

Due Process Clause (14th Amendment)

nor shall any state deprive any person of life, liberty, or property, without due process of law.

Equal Protection Clause

...nor shall any state ... deny to any person within its jurisdiction the equal protection of the laws.

Establishment Clause

Congress shall make no law respecting an establishment of religion.

Free Exercise Clause

Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof ...

Full Faith and Credit Clause

Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.

Search & Seizure Clause

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.

Supremacy Clause

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land.

3rd amendment

No quartering of soldiers

4rth amendment

No unreasonable searches and seizures without a warrant; right to privacy

5th amendment

The Right to Remain Silent/Double Jeopardy, right to due process

14th amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

19th amendment

Gave women the right to vote

Fed 10

A strong republic is needed to guard us from the rise of factions. (James Madison)

fed 51

Checks and balances, separation of powers. "If all men were angels..."

fed 70

Executive Branch