Essentials Quiz #3

Fed. 78

Fed. 78

Written by Alexander Hamilton, focuses on the judicial branch and the concept of judicial review.

• argued that the judiciary should be independent and that judges should serve for life, provided they exhibit good behavior

• emphasizes that the courts are the weakest of the three branches of government, lacking both force and will, and that their primary role is to interpret laws and ensure they conform to the Constitution.

• laid the foundation for the power of judicial review

Gideon v. Wainwright

Supreme Court ruled that defendants in criminal cases have the right to an attorney, even if they cannot afford one,

• Sixth Amendment's guarantee of counsel

• ensured fair trials and significantly impacted criminal justice procedures across the United States.

• extended the right to counsel to state court proceedings

Engel v. Vitale (1962)

ruled that officially sponsored prayer in public schools violated the Establishment Clause of the First Amendment

• prohibits the government from establishing a religion.

• established a clear separation between religion and public education

• set a precedent for interpreting the Establishment Clause in cases involving state-sponsored religious activities.

Fed. 70

Authored by Alexander Hamilton, argues for a strong executive branch led by a single president.

• It advocates against a plural executive and emphasizes the need for energy, efficiency, and accountability in the executive office.

• influenced the structure and powers of the presidency as outlined in the U.S. Constitution

Marbury v. Madison

• Established judicial review: allowing the Supreme Court to declare laws unconstitutional.

• involved William Marbury's commission as a justice of the peace, which was not delivered.

• Article III, Section 2, Judicial Power Clause

Mculloch v. Maryland

• Confirmed the federal government’s implied powers

• upheld the constitutionality of the Second Bank of the United States.

• Maryland tried to tax the bank, but the Court ruled that states cannot tax federal institutions.

• Necessary and Proper Clause (Article I, Section 8)

• Supremacy Clause (Article 6)

US v. Lopez

• Limited Congress’s power under the Commerce Clause.

• The Court ruled that the Gun-Free School Zones Act exceeded Congress’s authority to regulate interstate commerce.

• Commerce Clause (Article I, Section 8)

Citizens United v. FEC

• Held that corporate funding of independent political ads in candidate elections cannot be limited under the First Amendment

• expanded the concept of free speech.

• Free Speech Clause (First Amendment)

Baker v. Carr

• Established the principle of “one person, one vote”, allowing federal courts to intervene in and decide redistricting cases.

• landmark case regarding equal protection in legislative division.

• Equal Protection Clause (Fourteenth Amendment)

Constitution

• The supreme law of the United States

• establishes the framework of the federal government

  • separation of powers

  • checks and balances

  • federalism.

• Necessary and Proper Clause

• Commerce Clause

• Supremacy Clause

• Judicial Power Clause

• Equal Protection Clause

DOI

• America’s “break up text” to Britain

• emphasized natural rights (life, liberty, and the pursuit of happiness)

• stated it is the right of the people to overthrow an unjust government

• Social Contract & Popular Sovereignty

AOC

• The first constitution of the United States

• established a weak central government and gave most powers to the states

• failed due to its inability to manage national issues like commerce and taxation

• State Sovereignty

Fed. 10

• Argues for a large republic to control factions

• emphasizes that a diverse society can prevent any one faction from dominating the government (pluarism)

• Factions

Fed. 51

• Argues for the separation of powers and checks balances within the government ( rule of law)

  • to ensure no single branch becomes too powerful.

• Separation of Powers

• Checks and Balances

Brutus 1

• anti-Federalist paper arguing against the ratification of the Constitution

• feared that a large republic would lead to tyranny

• Tyranny of Central Government

• Small Republic

1st Amendment

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

2nd Amendment

Protects the people's right to bear arms

3rd Amendment

No soldier can be quartered in a home without the permission of the owner

4th Amendment

Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause

5th Amendment

Protects rights of due process and the right to remain silent ("plead the 5th"), double jeopardy

6th Amendment

The right to a fair and speedy trial by a jury of one's peers; to have witnesses and to give a defense; loss of liberty/life

7th Amendment

The right to a trial by jury in civil cases for amounts of $20 or more

8th Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments

9th Amendment

People have other rights not specifically stated in the Constitution

10th Amendment

Gives all powers not specifically given to the United States government in the Constitution, to either the states or to the people

11th Amendment

Determines when and if a state can be sued; states cannot be sued by people from other states or by foreigners

12th Amendment

The Electoral College must vote for the President and the Vice President separately

13th Amendment

Abolished slavery and involuntary servitude

14th Amendment

Makes anyone born on US soil a citizen and guarantees equal protection under the law

15th Amendment

Gave all men the right to vote regardless of race or color or whether they had been slaves

16th Amendment

Created an income tax and gave the Federal government the power to collect it

17th Amendment

Creates the direct election by the people of Senators

18th Amendment

Prohibition of the drinking, manufacture, and sale of alcohol

19th Amendment

Gave women the right to vote

20th Amendment

Gives details on the terms of office for Congress and President; shortens "lame duck" period (time between election and inauguration)

21st Amendment

Repealed the 18th amendment (prohibition)

22nd Amendment

Limits the president to two terms in office (or 10 years)

23rd Amendment

Gave Washington, D.C. representatives in the electoral college so that citizens of D.C. could participate in the electoral process, even though it is not an official state

24th Amendment

Prohibited the poll tax

25th Amendment

Explains what happens when the President dies or is unable to continue in office (Succession)

26th Amendment

Sets the national voting age at 18, cannot be set any higher

27th Amendment

Any changes in Congressional salaries will take place after the next term starts