The ultimate U.S. constitution study guide

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

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Repealed the 18th amendment (prohibition)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

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Gibbons v. Ogden

Regulating interstate commerce is a power reserved to the federal government

McCulloch v. Maryland

- An important decision of the Supreme Court in 1819 that established the key concepts of implied powers, broad construction of the Constitution, and supremacy of the national government

Plessy v. Ferguson

Supreme Court case (1896) Legalized segregation under the Constitution with the concept of "separate but equal."

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.

Korematsu v. United States

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 to each survivor.

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.

Mapp v. Ohio

A landmark case in the area of U.S. criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts, as well as federal courts.

Dred Scott v. Sanford

1857 Supreme Court decision that stated slaves were not citizens: slaves were property no matter where they were living; also declared the Missouri Compromise unconstitutional

Gideon v. Wainwright

1963 ruling that a defendant in a felony trial must be provided a lawyer free of charge if the defendant cannot afford one.

Roe v. Wade

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

Schenck v. United States

Supreme court decides that any actions taken that present a "clear and present danger" to the public or government isn't allowed, this can limit free speech

New Jersey v. TLO

Supreme court case in which it was decided that a student may be searched if there is "reasonable ground" for doing so.

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.

Escobedo v. Illinois

1964--Ruled that a defendant must be allowed access to a lawyer before questioning by police.

Tinker v. Des Moines

U.S. Supreme Court case that upheld a student's First Amendment right to engage in symbolic speech in school

Legislative Branch

Makes laws; Article I

Executive Branch

Enforces laws; Article II

Judicial Branch

Interprets the laws; Article III

Speaker of the House

the leader of the House of Representatives (from majority party); 2nd in the line of succession

Vice President

President of the Senate

Popular Sovereignty

A belief that ultimate power resides in the people.

Federalism

A system in which power is divided between the national and state governments

Separation of Powers

the division of power among the legislative, executive, and judicial branches of government

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Judicial Review

The power of the courts to declare laws unconstitutional; created by Marbury v. Madison

Limited Government

The idea that certain restrictions should be placed on government to protect the natural rights of citizens.

Divine Right Theory

The idea that the gods chose the person or family to rule. To oppose the monarch was to oppose god.

Social Contract Theory

A voluntary agreement between the government and the governed

John Locke

All people are born with NATURAL RIGHTS - life, liberty, property. Government should work to protect those rights. If the government is not protecting those rights, the people have the right to overthrow that government.

Montesquieu

Government power should be divided into branches - Separation of Powers. This will ensure a balance of power in government.

Rousseau

Social Contract Theory. Government should work for the common good, not for the wealthy few. All people are equal and should be treated equally in society.

Representative Democracy

A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people.

Articles of Confederation

1st Constitution of the U.S. 1781-1788 (weaknesses-no executive branch, no judicial branch, no power to tax, no power to regulate trade, no power to raise an army)

Constitutional Convention (1787)

A meeting in Philadelphia in 1787 that produced a new constitution

Virginia Plan

"Large state" proposal for the new constitution, calling for proportional representation for each state in Congress. The plan favored larger states.

New Jersey Plan

"Small state" proposal for the new constitution, calling for equal representation for each state in Congress. The plan favored larger states.

Connecticut Compromise (Great Compromise)

Agreement at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators.

Article I of the Constitution

Establishes Congress as the legislative branch of Federal Government and lists the powers of Congress.

Article II of the Constitution

This article describes the role and power of the Executive Branch. The President and Vice President.

Article III of the Constitution

creates the Supreme Court but allows Congress to establish lower courts.

Article IV of the Constitution

addresses relationship between the federal and state governments

Article V of the Constitution

describes the process for amending the Constitution

Article VI of the Constitution

Supremacy Clause; States the Constitution, and federal law supersedes states or local laws.

Article VII of the Constitution

Describes the requirements that were needed for Congress to ratify the Constitution

Expressed Powers of Congress (Enumerated Powers)

Powers given to the government (Congress) directly in the Constitution. Example: Collect taxes

Implied Powers of Congress

Assumed powers of Congress, not necessarily specifically given in the Constitution, deriving from the enumerated powers. Example: Creating a National Bank - comes from the power to collect taxes.

Concurrent Powers

Powers BOTH the federal government and state governments have. Examples: Collect taxes, create court systems

Reserved Powers of the States

Powers that belong to states because they are not given directly to the federal government in the Constitution. Example: public education, local election laws, traffic laws.

Quorum

The minimum number of members who must be present in the House or Senate before taking official action. Example: Senate - 51 = quorum

Census

The official count of the U.S. population; taken every ten years.

Re-apportionment

After census is taken every 10 years, seats in the house of representatives must be readjusted to reflect population changes per state. Sometimes states lose a seat, sometimes they gain - depends on population changes.

Writ of Habeas Corpus

A court order that requires police to bring a prisoner to court to explain why they are holding the person

Suffrage

the right to vote

Two Party System - United States

A political system dominated by two major parties; Republican Party (Conservative) and Democratic Party (Liberal)

Party Platforms

The statement of policies of a national political party.

Electoral College System

The system responsible for electing the president. The number of delegates in each state is the sum of their representatives and senators. Example: Missouri: 8 Reps + 2 Senators = 10 total Electoral College Votes

General Election Day

the Tuesday after the first Monday in November in even-numbered years

Paths to U.S. Citizenship

being born on U.S. soil, complete naturalization process

Naturalization Process

1. Sign a declaration of intent. 2. Live in the U.S. for 5 years 4. apply for citizenship 5. Interview with USCIS 6. Exam. 7. USCIS decision 8. Oath & Fees

Qualifications to be a U.S. Representative

25 years of age, US citizen 7 years, reside in state & district you represent

Qualifications to be a U.S. Senator

30 years of age, US citizen 9 years, reside in state you represent

Term length for U.S. Senators

6 years

Term length for U.S. Representatives

2 years

Representation based on state population...

House of Representatives

Equal representation among the states...

Senate

Leader of the US Senate

Vice President

Leader of the House of Representatives

Speaker of the House

standing committee

A permanent committee established in a legislature, usually focusing on a policy area

select committee

A temporary legislative committee established for a limited time period and for a special purpose.

conference committee

Committee appointed by the presiding officers of each chamber to adjust differences on a particular bill passed by each in different form.

joint committee

A standing committee composed of members of both houses

Has the power to "advise and offer consent" to the President as well as the power to act as the "jury" during impeachment trials

Senate