Amendments

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:

• no person held to answer for a capital

• no person be subject for same offense to be wise put in jeopardy of life or limb

• not compelled to be a witness against himself not be deprived of life, liberty, or property without “due process of law”

6th amendment: rights when on trial:

• right to defence→

• right to speedy and public trial by impartial jury

• confronted with witnesses in his favor

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

• ex slaves made citizens; due process clause applied to states; “equal protection” clause

• reduction in congressional representation for states denying adult males the right to vote

• southern rebels denied federal office

• rebel debts repudiated

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.

14 Required Cases

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;

• gives court power as coequal branch; no longer simply “the weakest branch” per Fed 78

McCulloch v. Maryland (1819): the court decided the federal gov had the right and power to set up a fed bank

• states did not have the power to tax the fed gov

Schenck v. United States (1919): espionage act did not violate the first amendment because it was an appropriate exercise of congress’ wartime authority.

• Supreme court concluded that courts owed greater deference to the government during wartime

• the first amendment doesnt protect speech that approaches creating a clear and present danger (fire in a movie theater)

Brown v. Board of Education (1954): separate but equal case

• separate but equal facilities are unequal and violate the protections of the equal protection clause of the 14th amendment

• segregation of public education based on race instilled a sense of inferiority that had a detrimental effect on the growth of african american people

Engel v. Vitale (1962): the state cannot hold prayers in public schools even if participation is not required

• establishment clause (constitutional wall of separation between church and state)

Baker v. Carr (1962): general assembly ignored 1901 law designed to apportion the seats for the state’s general assembly

• ignored a law on how representation was given

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

• 6th amendment’s guarantee of a right to assistance of counsel applies to criminal defendants in state court (provides representation)

• 14th amendment protects representation

• significant because it extended the right to counsel in the states as well as on the federal level

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

• implies that the protest was not a substantial disruption otherwise it can be argued that the first amendment does not apply

• majority’s opinion relies on the distinction between communication through words and communication through action

• both are protected under the first amendment as long as it doesn’t pose a significant disruption or clear and present danger

New York Times v. United States (1971): new york times released pentagon papers (classified information)

• supreme court argued the word security to abrogate the fundamental law of the first amendment

• nixon himself tried to use the power of the executive branch to stop the publishing of the papers

• freedom of press supersedes the power of the executive branch

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

• the exercise  of religion under the first amendment outweighed the state’s interests in compelling school attendance beyond 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

• the unusual district exceeded was necessary to avoid racial imbalance

United States v. Lopez (1995): student Lopez carried a concealed weapon to school

• commerce clause gives congress the power to regulate economic activity between states

• supreme court concluded that the 1990 Gun-Free School Zones Act was congressional overreach because bringing a gun to school does not infringe on the commerce clause

• gun law prevented bringing a gun restricts interstate commerce

• court held that Lopez’s possession of a gun was not economic activity, therefore, cannot be regulated under the commerce clause by congress

McDonald v. Chicago (2010): second amendment -> the right to bear arms

• suits were filed in Chicago challenging gun bans

• supreme court held that a District of Columbia handgun ban violated the 2nd amendment

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

• this is significant because the BCRA prevented interest groups and corporations from donating money until after Citizens United v FEC

• the court held that the first amendment prohibits congress from fining or jailing citizens or associations of citizens for simply engaging in political speech

Required Foundational Documents

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.