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Declaration of Independence:

Declaration of Independence:

• Natural rights: fundamental rights and liberties that belong to ppl and can’t be taken away

  • Life liberty and pursuit of Happiness

• Social Contract: Purpose gov is to protect rights of people, even if ppl give up some ppl

• Popular Sovereignty: gov exists bc ppl allow it to have some power

• Limited government

Articles of Confederation

• States were sovereign

• Weak federal gov with no executive or judicial branch

  • Single branch legislative each state one vote

• Congress couldn't:

  • Lay and collect taxes

  • Regulate interstate commerce

• States could:

  • Coin money & establish currencies

  • Refuse to recognize federal treaties

  • Impose tariffs on goods from other states

Constitution

• Republican government

• Article 1: Legislative Branch

  • A1S8: Enumerated powers of Congress:

    • Lay and collect taxes

    • Borrow money

    • Coin money

    • Declare war

    • Raise and support armies  

    • Maintain a navy

    • Necessary and Proper clause

• Article 2: Executive Branch

  • Electoral college

  • President powers:

    • Commander in chief

  • A2S3: Pres execute laws

• Article 3: Judicial Branch

  • Judiciary act of 1789: establish other courts

  • Original Jurisdiction: Hear the case for the first time

  • Appellate Jurisdiction: Appeals from lower courts

• Article 4: State Relations

• Article 5: Amendment Process

  • Proposal: ⅔ of both Houses of Congress propose or ⅔ of state legislatures can propose

  • Ratify: ¾ of states have to agree

• Article 6: National Supremacy

  • Supremacy clause: Federal law is supreme law of the land

• Article 7: Ratification Process

Federalist 10

• A large republic is best way to control the negative effects of factions

  • To control factions, have more factions so harder for majority

• Factions r bad

• Large republic led by educated ppl

Brutus 1

• Necessary and proper clause is too much power

• Powers reserved to states will be taken by federal gov

• 13 small republics r better

• US is too big to be under 1 republic

Federalist 51

• Seperation of powers

• Checks and balances

  • Each branch wanna be more powerful, but they also wanna protect their power from other branches which ensures none of the 3 branches will be too powerful

• Congress is most powerful thus divided into two

• Seperation of powers, checks and balances, and federalism help maintain a limited government

Federalist 70

• Defend unitary executive

• Good gov needs active and decisive executive

• More effective

• 1 person to hold accountable

Federalist 78

• Life tenure for judges is needed to maintain a independent judiciary that has the power of judicial review

• Judiciary must be independent of the other branches; life tenure provides that independence

  • Dont need to worry about president or congress

• Lays out the importance of an independent judiciary in ensuring the protection of individual rights and liberties and preventing abuses of power by the other branches of government

Letter from Birmingham Jail

• Direct civilian action is needed to address injustice

• Civil disobedience

• Unjust law is no law at all

• Injustice may be rooted out by strong, persistent, and determination 

McCulloch v Maryland

• Congress has implied powers and can establish a national bank based on the necessary and proper clause

• States cannot tax the federal government due to the supremacy clause

• Necessary and proper clause & Supremacy Clause

US v Lopez

• Struck down the gun free school zones act, limiting congress’ commerce clause powers, reaffirmed that the 10th amendment reserves some powers to states

• Commerce clause

Marbury v Madison:

• Established judicial review, the power of the Court to rule on the constitutionality of congressional laws, executive actions, and state laws

• Supremacy clause

Baker v Carr:

• Banned malapportionment

• Established one person one vote principle of equal representation

• Equal protection clause

Shaw v Reno:

• Banned racial gerrymandering

• Promoted a color blind interpretation of the constitution

• Equal protection clause

Engel v Vitale:

• States cannot promote prayer in public school, even if participation is voluntary

• Establishment clause

Wisconsin v Yoder:

• Compelling Amish students to attend public schools beyond 8th grade violated the free exercise clause

• Free exercise clause

Tinker v Des Moines:

• Students have free speech

• Symbolic speech is pure speech

• Protected speech: Symbolic speech & Hate speech

• Free speech at school

Schenck v US

• Speech can be limited if it creates a clear and present danger

• Allowed for time, place, and manner restrictions on speech

• Unprotected speech:

  • Libel & Slander: written & spoken lies

  • Obscenity

  • Speech intended to incide imminent illegal actions and likely to produce such a result

• Free speech: clear and present danger is not protected by first amendments

New York Times Co v US

• Because of the freedom of press there is a heavy presumption against prior restraint

• Government couldn’t block publication of the Pentagon Papers

• Prior restraint: press censorship

• Freedom of the press: extremely difficult for prior restraint

McDonald v Chicago:

• Incorporated an individual right to bear arms

• State gov cannot take away ur right to bear arms

• Due process clause, 2nd amendment

Gideon v Wainwright:

• Incorporated the right to an attorney

• States gov have to provide u with attorney if u cant afford one

• Due process clause, 6th amendment

Brown v Board of Education: 

• Racially segregated public schools violate the 14th Amendment

Citizen United v FEC:

• Struct down soft money ban

• Struck down corporate ad timing bans

• Corporations are ppl therefore they have free speech and can engage in unlimited independent political expenditures

• Unheld ban on direct corporate contributions to candidates

• Corps have free speech

1st

Protects freedom of speech, religion, press, assembly, and petition. Part of the Bill of Rights in the U.S. Constitution.

2nd

Protects the right to bear arms

3rd

Prohibits the quartering of soldiers in private homes during peacetime without the owner's consent.

4th

Protects against unreasonable searches and seizures by the government. Requires warrants supported by probable cause for searches and arrests.

5th

Protects against self-incrimination, double jeopardy, due process, eminent domain, and guarantees a grand jury for capital crimes.

6th

Guarantees the right to a speedy and public trial by an impartial jury, the right to confront witnesses, and the right to have legal representation.

7th

Guarantees the right to a jury trial in civil cases involving disputes over property or money exceeding $20.

8th

Protects against cruel and unusual punishment, excessive bail, and fines. Ensures fair treatment and prohibits torture or inhumane treatment

9th

Protects rights not listed in the Constitution, ensuring people's rights are not limited to only those mentioned in the document

10th

Any powers not given to the federal government, or prohibited from the states, are reserved for the states or the people

13th

Abolished slavery and involuntary servitude in the United States, except as punishment for a crime

14th

Grants citizenship to all people born or naturalized in the United States, including formerly enslaved people

15th

Prohibits the federal government and states from denying citizens the right to vote based on race, color, or previous condition of servitude

17th

Direct election of Senators

19th

women suffrage

22th

No person shall be elected to the office of the President more than twice

24th

Elimination of Poll Taxes

26th

Min voting age to 18