10 + Amendments + Foundational Documents

federalist no. 10

-danger of factions

-large, strong republic can prevent these dangers

-representatives could create of good balance of pure democracy and control

federalist no. 51

-checks and balances

-separation of powers

federalist no. 70

-executive branch should be led by a single president

-this would allow swift and decisive leadership, especially during times of crisis

-this would increase accountability by allowing the public to target a single person with scrutiny

federalist no. 78

-judiciary branch must be separate from the legislative and executive branches to effectively uphold the Constitution

-judicial review

-lifetime appointments for judges to shield them from political pressures and keep them unbiased

brutus no. 1

-critiques the proposed U.S. Constitution

-strong, centralized federal government would lead to tyranny and the erosion of individual liberties

-urges for a confederation of smaller, more localized governments

letter from a Birmingham jail

-segregation violates the 14th Amendment's Equal Protection Clause

-citizens have a moral responsibility to break unjust laws

-nonviolent direct action is the most useful tool of protest

-waiting almost never leads to action

1st Amendment

Freedom of religion, petition, speech, press, and assembly

2nd Amendment

Right to bear arms (it's just the 2 of us in this world, me and my gun)

4th Amendment

-Freedom from unreasonable searches and seizures (police are such squares trying to look for illegal items)

-must have warrant issued by a judge, based on probable cause to search and seize

5th Amendment

• Right to a Grand Jury (determines whether there is sufficient evidence—probable cause—to charge a person)

• Double Jeopardy: Prevents the government from prosecuting an individual for the same crime twice (ex. If John is tried for burglary and found not guilty, the state cannot try him again for that same burglary, even if new evidence arises later)

• Self-Incrimination: Protects individuals from being forced to testify against themselves, often referred to as "taking the Fifth" (ex. remaining silent and demanding an attorney)

• Due Process: Guarantees fair treatment under the law, preventing the government from depriving individuals of "life, liberty, or property, without due process of law".

6th Amendment

1. right to a trial by impartial jury for criminal cases

2. right to an attorney

3. right to use witnesses

8th Amendment

cruel and unusual punishment (8 looks like handcuffs)

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 (50 states, 10 is a factor of 50)

14th Amendment

• Citizenship Clause: Grants citizenship to all persons born or naturalized in the U.S.

• Privileges or Immunities Clause: Prevents states from reducing the rights of U.S. citizens.

• Due Process Clause: no state shall "deprive any person of life, liberty, or property, without due process of law,". This has been used to apply the Bill of Rights to state governments (selective incorporation)

• Equal Protection Clause: Mandates that states provide equal protection to all persons within their jurisdiction, forming the basis for landmark civil rights cases

15th Amendment

States cannot deny any person the right to vote because of race.

17th Amendment

Established the direct election of senators by state citizens (instead of being chosen by state legislatures)

19th amendment

guarantees women the right to vote, prohibiting voter denial on the basis of sex (the 9 looks like the side profile of a big-breasted woman)

24th Amendment

Abolishes poll taxes

26th Amendment

States cannot deny the right to vote based on age (18+) (2+6=8)

civil liberties

• constraints on government power

• fundamental freedoms of the Bill of Rights

• ex. freedom of speech

civil rights

-freedoms from discrimination (equality)

-ex. right to vote

due process clause

prohibits the federal (5th) and state (14th) governments from depriving any person of "life, liberty, or property, without due process of law"

equal protection clause

14th Amendment clause that prohibits states from denying any person within their jurisdiction "the equal protection of the laws”

selective incorportation

the Supreme Court, on a case-by-case basis, applies most liberties in the Bill of Rights to the states—not just the federal government—using the 14th amendment’s Due Process Clause ("...nor shall any State deprive any person of life, liberty, or property, without due process of law")

SPARP

1st amendment freedoms of:

• Speech

• Press

• Assembly

• Religion

• Petition

clear and present danger test

-established in Schenck v. United States (1919)

-determines when speech can be restricted under the First Amendment

-It allows the government to limit speech that creates an immediate, serious threat to safety or national security

-ex. inciting illegal acts or hindering war efforts

slander

-spoken false statements that damage a person’s reputation

-not protected under the First Amendment

libel

-written false statements that damage a person’s reputation

-not protected under the First Amendment

malicious intent

publisher must have knowledge of a statement's falsity or have reckless disregard for it’s accuracy to be labelled as libel instead of a simple mistake

reckless disregard for the truth

publishing defamatory information while highly aware of its probable falsity, part of the test for malicious intent

obscenity

sexually explicit material that is unprotected by the First Amendment

zoning laws

-divide land into specific districts (zones)—such as residential, commercial, or industrial—to control land use, density, and building development

-form of police power

-ex. separating factories from residential neighborhoods

symbolic speech

nonverbal, nonwritten communication that conveys a political or social message, protected under the First Amendment

ex. flag burning, armbands, or sit-ins

false advertising

misleading claims in promotional materials to entice consumers into purchasing a product or service, illegal according to FTC

preferred position

certain fundamental constitutional rights—particularly First Amendment freedoms like speech, press, and religion—are entitled to greater protection than others

prior restraint

prohibiting the government from censoring or restricting speech or publication before it occurs

censorship

government's suppression or regulation of speech, press, or public communication to control information

imminent danger

-stricter version of “clear and present danger” test

-allowing the government to limit free speech only if it is likely to incite immediate lawless action

-it replaced the looser "clear and present danger" test, requiring that potential harm be direct

-ex. inciting a riot

neutrality

foreign policy of impartiality, where the U.S. avoids taking sides

clarity

-regulations on speech must be clear and viewpoint-neutral

-no suppressing speech based on its message

-ex. permits for parades, noise level regulation

least restrictive means

-if a law is content-based (restricts speech based on content), it must be justified by a compelling government interest and be the least restrictive means to achieve it

-ex. an entire TV channel with adult content can’t be struck down because there are parental control options with TVs

free exercise clause

portion of the First Amendment that prohibits the government from interfering with an individual's right to practice their religion

establishment clause

1st amendment prohibits the government from establishing an official religion, favoring one religion over another, or favoring religion over non-religion

wall of separation

strict separation between church and state, based on the First Amendment's Establishment Clause

exclusionary rule

prohibits the government from using evidence obtained in violation of the Fourth Amendment's protection against unreasonable searches and seizures in a criminal trial

search and seizure

legal process under the Fourth Amendment where law enforcement examines person/property and collects evidence of a crime, requires a warrant based on probable cause

search warrant

legal document from grand jury authorizing law enforcement to search a suspect, requires probable cause

probable cause

-based on Fourth Amendment

-requires law enforcement to have sufficient evidence to believe a crime has been committed before making an arrest or conducting a search

-higher than suspicion but lower than proof beyond a reasonable doubt

miranda rights

-Right to remain silent

-Anything said can be used in court

-Right to an attorney

-If the suspect cannot afford an attorney, one will be provided

-Rooted in the 5th Amendment (self-incrimination) and 6th Amendment (counsel)

good faith exception

allowing evidence obtained in violation of the Fourth Amendment to be admitted in court if law enforcement acted with an honest and reasonable belief that their actions were lawful, it limits the exclusionary rule

public safety exception

allows law enforcement to question suspects in custody without administering Miranda warnings if there is an immediate, objective need to protect the public or officers from danger

inevitable discovery

-exception to the Exclusionary Rule that allows illegally obtained evidence to be admissible in court if the prosecution can prove it would have inevitably been discovered through legal means

-ex. a police officer having a warrant to search for drugs and instead finding a dead body and submitting that dead body as legal evidence

military court v. civilian court

-Military courts (courts-martial) are designed to maintain discipline within the armed forces

-civilian courts, part of the traditional judiciary, focus on public safety and individual rights

real id act

-response to 9/11

-prohibits federal agencies, including the TSA, from accepting non-compliant IDs for boarding domestic flights or entering secure federal facilities

-example of an unfunded mandate, forcing states to comply with federal standards for ID issuance (e.g., verifying social security, legal presence), but does not fully fund the implementation, placing the administrative burden on state DMVs

Foreign Intelligence Surveillance Act (FISA)

-procedures for physical/electronic surveillance of foreign agents suspected of espionage or terrorism

-It requires intelligence agencies to obtain warrants from a specialized court

jus soli

-"right of the soil"

-birthright citizenship, regardless of their parents' nationality or legal status

jus sanguinis

-"right of blood”

-allows children born abroad to one or more American citizen parents to automatically acquire U.S. citizenship

dual citizenship

recognized as a citizen by two different countries at the same time

naturalization

-foreign-born individual (alien) becomes a U.S. citizen after birth

-Requirements (USCIS):

• Be at least 18 years old.

• Be a Lawful Permanent Resident (Green Card holder) for 3-5+ years.

• Demonstrate good moral character.

• Pass the U.S. Citizenship Civics Test (history and government).

• Demonstrate proficiency in English.

• Take the Oath of Allegiance.

racial profiling

law enforcement agents target individuals based on race rather than specific behavior

police power

-not directly granted to the federal government; they are reserved for the states

-create and enforce laws that protect the public health and safety

-ex. regulating zoning, gambling, traffic safety

hyde amendment

-bans the use of federal funds (such as Medicaid) for abortion services

-exceptions only for rape, incest, or life endangerment

rational basis

-The default standard of judicial review for cases not involving fundamental rights or suspect classifications

-law must be "rationally related" to a "legitimate government interest"

-Very easy for the government to pass

-rational basis (least extreme), intermediate scrutiny (somewhat extreme), strict scrutiny (most extreme)

intermediate scrutiny

-Judicial review that generally applies to cases involving gender/sex discrimination

-law that seems discriminatory must serve an "important government interest" and the means must be "substantially related" to that interest

-gov. can sometimes pass law

-rational basis (least extreme), intermediate scrutiny (somewhat extreme), strict scrutiny (most extreme)

-(ex. In United States v. Virginia (1996), the Supreme Court ruled that a state university’s male-only admission policy violated equal protection because the government failed to provide an "exceedingly persuasive justification" for the exclusion)

strict scrutiny

-judicial review used for cases involving fundamental rights (e.g., voting, free speech) or race, nationality, religion, etc.

-law must be "narrowly tailored" to achieve a "compelling government interest" using the "least restrictive means"

-government rarely wins

-rational basis (least extreme), intermediate scrutiny (somewhat extreme), strict scrutiny (most extreme)

affirmative action

-targeted recruitment, training, and consideration of diversity designed to promote equal opportunity and increase the representation of underrepresented or disadvantaged groups

-ex. colleges going out of their way to admit black students

reverse discrimination

affirmative action policies, intended to boost minority representation, unfairly disadvantage members of majority groups

equality of results

-policies designed to ensure equal economic or social standing among different groups, rather than just equal opportunity

-instead of people starting at the same spot (ex. only having anti-discrimination laws in hiring), they end in the same spot (ex. meeting diversity goals in the student population)

-ex. affirmative action in college admissions, progressive tax rates

equal opportunity

-belief that all individuals should have an equal chance to succeed, free from systemic barriers

-ex. Civil Rights Act