1st amendment: freedom of religion, speech, press, assembly
2nd amendment: right to bear arms
3rd amendment: bans quartering of soldiers
4th amendment: prohibits against unreasonable search and seizures. protections against arbitrary arrest and prosecution against prosecutiion (extends to aliens and citizens)
5th amendment: protects criminal defendants from having to testify if they may incriminate themselves through the testimony
rights when accused:
6th amendment: rights when on trial:
7th amendment: right to trial by jury; common-law suits
8th Amendment: excessive bail not required, no excessive fines be imposed, and no cruel or unusual punishments
9th amendment: unenumerated rights protected. all the rights not listed in the constitution belong to the people, not the government
10th amendment: powers not delegated to the US by the constitution belong to the states or people
11th amendment: limits on suits against states. prohibits federal courts from hearing certain lawsuits against states
12th amendment: revision of electoral-college procedure. each elector must cast distinct votes for president and vice president instead of two votes for president
13th amendment: prohibits slavery
14th amendment: Citizenship rights, Equal protection, Apportionment, Civil War Debt
15th amendment: gave black meant the right to vote
16th amendment: authorizes federal income tax
17th amendment: requires popular election of senators. allowing voters to cast direct votes for senators
18th amendment: prohibited the “manufacture, sale, or transportation of intoxicating liquors” but not the consumption, private possession, or production for one’s own consumption
19th amendment: women suffrage
20th amendment: presidential terms and succession→ if the president dies, Vice president becomes president
21st amendment: grants the states virtually complete control over whether to permit importation or sale of liquor and how to structure the liquor distribution system
22nd amendment: two term limit for president
23rd amendment: right to vote for president in the District of Columbia
24th amendment: prohibiting any poll tax in elections for officials
25th amendment: in case of the removal of president from office, the vice president becomes president
26th amendment: lowered voting age to 18
27th amendment: congressional pay raises. Prevents members of Congress from granting themselves pay raises during the current session.
Marbury v. Madison (1803): Supreme court enshrined concept of judicial review where the federal judiciary can declare laws made by Congress or executive action/order unconstitutional and void;
McCulloch v. Maryland (1819): the court decided the federal gov had the right and power to set up a fed bank
Schenck v. United States (1919): espionage act did not violate the first amendment because it was an appropriate exercise of congress’ wartime authority.
Brown v. Board of Education (1954): separate but equal case
Engel v. Vitale (1962): the state cannot hold prayers in public schools even if participation is not required
Baker v. Carr (1962): general assembly ignored 1901 law designed to apportion the seats for the state’s general assembly
violates 14th amendment (no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws)
Gideon v. Wainwright (1963: right to an attorney
Tinker v. Des Moines Independent Community School District (1969): the court held that armbands represented pure speech which is separate from the actions of those participating
New York Times v. United States (1971): new york times released pentagon papers (classified information)
Wisconsin v. Yoder (1972): wisconsin law requires all children to attend public school until age 16 -> three parents refused to send kids to school after 8th grade
Shaw v. Reno (1993): US attorney general rejected a north carolina congressional reappointment plan because it attempted to create only one black majority district
United States v. Lopez (1995): student Lopez carried a concealed weapon to school
McDonald v. Chicago (2010): second amendment -> the right to bear arms
Citizens United v. Federal Election Commission (2010): interest groups and corporations can donate unlimited amounts of money to fund their political speech under the first amendment as long as they don’t contribute directly to candidates
Federalist No. 10: Written by James Madison. The main point is that a strong federal government can protect liberty because it guards against the dangers of control by a narrow interest (faction). Written to support the ratification of the new US Constitution and argued that the centralized government would protect liberty
Brutus No. 1: Argues that a free republic cannot exist in such a large territory as the US. Critiques the constitution for giving too much power to the central government and highlights the Necessary and Proper Clause and the Supremacy Clause as having the effect of granting the federal government absolute and uncontrollable power
Federalist No. 51: the various powers of government must be exercised separately and distinctly in order to “guard the society against the oppression of its rulers”. Addresses the means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government → checks and balances is crucial to the US system of government
Federalist No. 70: Unitary executive is necessary to ensure accountability in government and enable the president to defend against legislative encroachments on his power
Federalist No. 78: Argues that federal courts have the responsibility of determining which acts of Congress are constitutional and follow the Constitution when there is inconsistency
"Letter from Birmingham Jail": MLK argues that nonviolent protests against segregation were necessary and the most effective option to correct injustices faced by African Americans.
The Constitution of the United States: Establishes a system of Checks and balances between the three branches and replaced the Articles of Confederation. Includes the Bill of Rights and the first 10 amendments,
The Declaration of Independence: Established on July 4, 1776 based on the principles of natural law and enlightenment philosophy highlighting that all men are created equal and have right to life, liberty, and the pursuit of happiness.
The Articles of Confederation: Replaced by the constitution in 1788 because it created a weak central government with most power held by the states. Created intentionally because the founding fathers were afraid of repeating the same tyrannical issues from Britain. Established unicameral legislature which required unanimous votes from states to pass any laws.