Article I – The Legislative Branch
Establishes the powers and structure of the Congress, which consists of two chambers: the Senate and the House of Representatives. This article outlines their roles, responsibilities, and the process for making laws.
Article II – The Executive Branch
Defines the role of the President and the Vice President, their powers, duties, and the process for presidential election and impeachment. It also discusses the role of the executive branch in enforcing laws.
Article III – The Judicial Branch
Establishes the Supreme Court and other inferior courts, defining the jurisdiction and powers of the judiciary. It also addresses issues related to treason, judicial appointments, and the tenure of federal judges.
Article IV – The States
Defines the relationship and interactions between the states and between the states and the federal government. It includes provisions about state cooperation, the admission of new states, and the protection of states against invasion or domestic violence.
Article V – Amendments
Describes the process by which the Constitution can be amended. This allows for changes or additions to the Constitution when necessary, through a process involving Congress and the states.
Article VI – The Supremacy Clause
Establishes that the Constitution, along with federal laws and treaties, is the supreme law of the land. It also requires an oath of office for all government officials and mandates that no religious test be required for officeholders.
Article VII – Ratification
Specifies the process for the ratification of the Constitution. It lists the states that initially adopted the Constitution and sets the requirement for it to go into effect once nine states ratified it.
1st Amendment (1791) – Freedom of Speech, Press, Religion, and Petition
Protects the freedoms of speech, press, religion, assembly, and petition. It prevents the government from establishing an official religion or interfering with individuals' rights to practice religion.
2nd Amendment (1791) – Right to Keep and Bear Arms
Guarantees the right of the people to keep and bear arms.
3rd Amendment (1791) – Conditions for Quartering of Soldiers
Prohibits the government from forcing citizens to house soldiers during peacetime without their consent.
4th Amendment (1791) – Right of the People to be Secure Against Unreasonable Searches and Seizures
Protects individuals from unreasonable searches and seizures and sets requirements for search warrants based on probable cause.
5th Amendment (1791) – Rights in Criminal Cases
Protects against self-incrimination, double jeopardy, and guarantees due process of law. It also requires just compensation when the government takes private property (eminent domain).
6th Amendment (1791) – Right to a Fair Trial
Guarantees the right to a speedy and public trial, an impartial jury, the right to be informed of criminal charges, the right to confront witnesses, and the right to legal counsel.
7th Amendment (1791) – Rights in Civil Cases
Guarantees the right to a jury trial in civil cases involving claims over a certain monetary amount.
8th Amendment (1791) – Bails, Fines, and Punishments
Prohibits excessive bail, excessive fines, and cruel and unusual punishment.
9th Amendment (1791) – Rights Retained by the People
States that the listing of specific rights in the Constitution does not mean that others do not exist. It protects unenumerated rights, meaning people have more rights than those explicitly mentioned.
10th Amendment (1791) – Powers Reserved to the States or the People
Affirms that powers not delegated to the federal government nor prohibited to the states by the Constitution are reserved to the states or the people.
11th Amendment (1795) – Limits on Suits Against States
Establishes that states cannot be sued by citizens of other states or foreign countries in federal court.
12th Amendment (1804) – Election of the President and Vice President
Changes the process for electing the president and vice president, ensuring that electors cast separate ballots for each position.
13th Amendment (1865) – Abolition of Slavery
Abolishes slavery and involuntary servitude, except as punishment for a crime.
14th Amendment (1868) – Citizenship Rights and Equal Protection
Grants citizenship to all persons born or naturalized in the United States and provides equal protection under the law. It also ensures due process and addresses the rights of former slaves.
15th Amendment (1870) – Right to Vote Not Denied by Race
Prohibits the denial of voting rights based on race, color, or previous condition of servitude, ensuring voting rights for African American men.
16th Amendment (1913) – Federal Income Tax
Grants Congress the power to levy and collect taxes on income, regardless of the state population.
17th Amendment (1913) – Direct Election of Senators
Establishes the direct election of U.S. Senators by the people, rather than being chosen by state legislatures.
18th Amendment (1919) – Prohibition of Alcohol
Prohibits the manufacture, sale, and transportation of alcoholic beverages in the United States. (Later repealed by the 21st Amendment.)
19th Amendment (1920) – Women’s Right to Vote
Grants women the right to vote, prohibiting voting discrimination based on gender.
20th Amendment (1933) – Terms of President, Vice President, and Congress
Shortens the time between the presidential election and inauguration. It also sets new dates for the beginning of congressional terms and clarifies the procedures for presidential succession.
21st Amendment (1933) – Repeal of Prohibition
Repeals the 18th Amendment, ending the nationwide prohibition of alcohol.
22nd Amendment (1951) – Presidential Term Limits
Limits the number of terms a president can serve to two, or a total of 10 years if they succeed to the presidency mid-term.
23rd Amendment (1961) – Presidential Electors for Washington, D.C.
Grants residents of Washington, D.C., the right to vote in presidential elections by providing them with electors in the Electoral College.
24th Amendment (1964) – Abolition of Poll Taxes
Prohibits the use of poll taxes (fees required to vote) in federal elections.
25th Amendment (1967) – Presidential Disability and Succession
Establishes procedures for presidential succession and addresses what happens if a president becomes incapacitated. It also clarifies the role of the vice president in such cases.
26th Amendment (1971) – Right to Vote at Age 18
Lowers the voting age from 21 to 18, granting all citizens 18 years of age or older the right to vote in all elections.
1. New York Times v. United States (1971)
Issue: Freedom of the press vs. national security
Ruling: The U.S. Supreme Court ruled that the government could not block the publication of the Pentagon Papers, classified documents detailing the U.S. political and military involvement in Vietnam. The Court held that the First Amendment guarantees freedom of the press, and the government could not prevent publication unless it could prove that national security was seriously endangered by the release of the information.
Issue: Federalism and the scope of federal powers
Ruling: The Supreme Court ruled that Congress had the authority to create a national bank (implied powers under the Necessary and Proper Clause of Article I, Section 8) and that states could not tax the bank. This case established the principle of implied powers, strengthening the power of the federal government over the states, and affirmed that the Supremacy Clause (Article VI) means federal law takes precedence over state law.
Issue: Judicial review and the power of the courts
Ruling: The Supreme Court, under Chief Justice John Marshall, established the principle of judicial review, the power of the courts to review laws and actions of the government to determine their constitutionality. In this case, the Court found that while Marbury had a right to his judicial appointment, it could not force the delivery of his commission because the provision in the law that would have allowed this was unconstitutional.
Issue: Limits of Congress's power under the Commerce Clause
Ruling: The Supreme Court ruled that Congress had overstepped its powers under the Commerce Clause by passing the Gun-Free School Zones Act, which prohibited the possession of firearms in school zones. The Court held that the law had nothing to do with commerce or economic activity, marking a limitation on Congress's ability to regulate under the Commerce Clause and reasserting states' rights.
Issue: Separation of church and state
Ruling: The Supreme Court ruled that the practice of starting school days with a prayer, even if voluntary and non-denominational, violated the Establishment Clause of the First Amendment. The ruling reinforced the principle of the separation of church and state, emphasizing that the government should not promote religious activities.
Issue: Right to bear arms and incorporation of the Second Amendment
Ruling: The Supreme Court held that the Second Amendment right to keep and bear arms applies to state and local governments through the Fourteenth Amendment's Equal Protection Clause. This case extended the individual right to bear arms to states and localities, striking down Chicago's handgun ban as unconstitutional.
Issue: Right to counsel in criminal cases
Ruling: The Supreme Court ruled that the Sixth Amendment guarantees the right to counsel for all criminal defendants, even if they cannot afford to hire an attorney. This case expanded the right to legal representation to all defendants facing serious criminal charges, regardless of their financial status.
Issue: Religious freedom vs. state education requirements
Ruling: The Supreme Court ruled that the First Amendment's guarantee of free exercise of religion outweighed Wisconsin's mandatory school attendance law for Amish children. The Court held that requiring Amish children to attend school beyond the eighth grade violated their religious beliefs and practices, thus affirming the right to religious freedom in such cases.
Issue: Free speech vs. national security during wartime
Ruling: The Supreme Court upheld the conviction of Charles Schenck, who had distributed anti-draft leaflets during World War I, ruling that his actions posed a "clear and present danger" to national security. This case set a precedent for limiting free speech in situations where it could lead to unlawful acts or harm, particularly in times of war or crisis. The clear and present danger test was later refined in future cases.