1.0 Court Cases

Marbury v. Madison (1803)

• established judicial review, where courts could strike down legislation as unconstitutional

McCulloch v. Maryland (1819)

• established supremacy clause of the U.S. Constitution and federal laws over state laws, as the law of the land

Engel v. Vitale (1962)

• government can’t create formal prayers for schools, as it violates the establishment clause in the 1st Amendment

Wisconsin v. Yoder (1972)

• declared that freedom of religion outweighed state law

Schenck v. United States (1919)

• established the clear and present danger test, which concludes that the 1st Amendment doesn’t protect speech that creates a clear and present danger to national security

Tinker v. Des Moines (1969)

• declared that students had the right to free political speech in schools, and it could only be suppressed if it interrupted the educational process

New York Times Co. v. United States (1971)

• government censorship even about U.S. war activities violated 1st Amendment rights

Gideon v. Wainwright (1963)

• declared that the Constitution requires states to appoint attorneys to people accused of criminal offenses if they can’t afford one, under the 6th Amendment, incorporated by the 14th Amendment

McDonald v. Chicago (2010)

• ruled that the 14th Amendment incorporated 2nd Amendment to the states, so the right to bear arms is applicable to both federal and state governments

Brown v. Board of Education (1954)

• overturned “separate but equal” from Plessy v. Ferguson, by stating that separate educational facilities were inherently unequal, violating the 14th Amendment

Baker v. Carr (1972)

• allowed reapportionment cases to be heard by the Supreme Court under the 14th Amendment, regarding gerrymandering malapportionment

Shaw v. Reno (1993)

• declared that racially-based gerrymandering was unconstitutional and violated the 14th Amendment

United States v. Lopez (1995)

• federal government can’t restrict guns in school zones because it extends beyond the commerce clause rights given to the federal government

Citizens United v. Federal Election Commission (2010)

• declared that the law preventing organizations from slandering or supporting candidates close to the day of election violated the 1st Amendment and allowed lobbying to happen all the way up to the election, which allowed people to sway elections

Roe v. Wade (1973)

• legalized abortion

• overturned in 2022 >:(

2.0 Constitutional Articles and Amendments

Article 1

• Congress, legislative branch, bicameral legislature House and Senate

Article 2

• Executive branch

Article 3

• Judicial branch

1st Amendment

• protects freedom of religion, speech, the press, assembly, and petition

2nd Amendment

• the right to keep and bear arms

3rd Amendment

• no forced quartering of troops in homes

4th Amendment

• protects against unreasonable search and seizure, establishes right to have warrants issued before arrest or search, any information gathered without a warrant can’t be used to convict

5th Amendment

• right to grand jury indictment in criminal cases, protection against double jeopardy and self-incrimination (right to remain silent), right to due process of law, right to just compensation when private property is taken for public use

6th Amendment

• protections during criminal prosecutions for a speedy and public trial by an impartial jury, right to confront witnesses, right to compel favorable witnesses to testify in one’s defense, right to assistance of defense counsel (Gideon v. Wainwright)

7th Amendment

• right to trial by jury in certain civil suits

8th Amendment

• protections against excessive bail, excessive fines, and cruel and unusual punishment

9th Amendment

• rights protected extend beyond those explicitly listed in the Constitution

10th Amendment

• powers not delegated to the federal government nor prohibited by it to the states are reserved to the states or to the people

13th Amendment

• abolishment of slavery

14th Amendment

• equal protection of all citizens under the law, incorporation of most of the Bill of Rights to state governments

15th Amendment

• protects voting rights regardless of race, color, ethnicity, or previous status of slavery

17th Amendment

• switched from indirect, state representatives nominations of senators, to direct elections of senators

19th Amendment

• protects voting rights regardless of gender

24th Amendment

• no poll taxes or poll fines allowed

25th Amendment

• established order of presidential succession (president → vice president → Speaker of the House) in the event of death, removal, resignation, or incapacitation

26th Amendment

• reduced minimum voting age from 21 to 18

5.0 Bill of Rights and Incorporation

The Antifederalists were worried that the absence of a Bill of Rights would allow the federal government to infringe upon the rights of individuals. Protecting civil liberties involves placing restrictions upon the ability of the government to limit individual freedoms. The Bill of Rights enumerates a list of fundamental freedoms that the federal government cannot infringe upon. The protections set out in the Bill of Rights initially applied to the actions of the federal government and not of the state governments. In Gitlow v. New York (1925), the Supreme Court began the process of selective incorporation. On a case-by-case basis, most (but not all) of the rights in the Bill of Rights apply to actions by the states.

• civil liberties - fundamental rights and freedoms of citizens protected from infringement by the government

• civil rights - protections from discrimination as a member of a particular gropu

• bill of rights - a list of fundamental rights and freedoms that individuals possess (first ten Amendments to the Constitution)

• due process clause - the clause in the Fourteenth Amendment that restricts state governments from denying citizens life, liberty, or property without legal safeguards

• selective incorporation - the piecemeal process through which the Supreme Court affirmed that almost all of the protections in the Bill of Rights also apply to state governments

1. The Anti-Federalists were concerned that the absence of [Bill of Rights, enumerated rights] would allow the federal government to infringe upon the rights of individuals.

2. Protecting civil liberties involves placing restrictions upon the [power] of the government.

3. The protections set out in the Bill of Rights initially applied to the actions of the federal government and not of the [state governments].

4. In Gitlow v. New York (1925), the Supreme Court began the process of [selective incorporation]. On a case-by-case basis, most, but not all, of the rights in the Bill of Rights apply to actions by the states.

6.0 Religion

The first two clauses in the First Amendment to the Constitution both involve religion; they prevent the federal government from establishing or favoring a religion and protect Americans’ rights to exercise their religious beliefs.

• establishment clause - First Amendment protection against the government requiring citizens to join or support a religion

• free exercise clause - First Amendment protection of the rights of individuals to exercise and express their religious beliefs

1. In the landmark case of Engel v. Vitale (1962), the Supreme Court ruled that the recitation of a [state-led prayer, state-sponsored prayer, state-composed prayer] in public schools was unconstitutional, as it violated the Establishment Clause of the First Amendment.

2. In the case of Employment Division v. Smith (1990), the Supreme Court held that neutral and generally applicable laws were [constitutional], even if they incidentally burdened the exercise of religion, without violating the Free Exercise Clause of the First Amendment.

7.0 Expression and Guns

Political speech and expression are considered particularly important fundamental freedoms. Expression may be limited if it presents a clear and present danger to national security, or is defamatory or obscene. In McDonald v. Chicago (2010), the Supreme Court incorporated the Second Amendment, ruling that individuals have the right to possess firearms. The government balances freedom under the First and Second Amendments with ensuring a secure and orderly society.

• freedom of expression - a fundamental right affirmed in the First Amendment to speak, publish, and protest

• clear and present danger test - legal standard that speech posing an immediate and serious threat to national security is not protected by the First Amendment

• prior restraint - the suppression of material prior to publication on the grounds that it might endanger national security

• symbolic speech - protected expression in form of images, signs, and other symbols

• libel - an untrue written statement that injures a person’s reputation

• slander - an untrue spoken expression that injures a person’s reputation

• obscenity and pornography - words, images, or videos that depict sexual activity in an offensive manner and that lack any artistic merit

1. In Schenck v. United States (1919), the Supreme Court established the [clear and present danger test] to evaluate whether restrictions on political speech are legitimate, emphasizing that the context of expression must be taken into account.

2. In Tinker v. Des Moines Independent Community School District (1969), the Supreme Court ruled that restrictions on students’ right of expression could not be sustained unless engaging in the forbidden conduct would “materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.” This set a high bar for justifying limitations on students’ rights to express their [political] beliefs.

3. The Supreme Court, in New York Times v. United States (1971), also known as the “Pentagon Papers case,” concluded that the government did not demonstrate a sufficient interest to justify [prior restraint], emphasizing the importance of protecting the free press from censorship.

8.0 Defendants

The Bill of Rights guarantees a set of protections for those accused of, tried for, and convicted of crimes. The exclusionary rule prohibits the use of evidence obtained without a warrant in court, although there are exceptions to this rule. Police are required to read Miranda rights to those in custody accused of crimes. In Gideon v. Wainwright (1963), the Supreme Court incorporated the Sixth Amendment, ruling that defendants have a right to an attorney provided by the state if they cannot afford one.

• ex post facto laws - laws criminalizing conduct that was legal at the time it occurred

• bill of attainder - a law passed by Congress punishing an individual without a trial

• writ of habeas corpus - a document setting out reasons for an arrest or detention

• procedural due process - a judicial standard requiring that fairness be applied to all individuals equally

• warrant - a document issued by a judge authorizing a search

• probable cause - reasonable belief that a crime has been committed or that there is evidence of criminal activity

• exclusionary rule - a rule that evidence obtained without a warrant is inadmissible in court

• grand jury - a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted for criminal charges and subsequently tried in court

• double jeopardy - protects an individual acquitted of a crime from being charged with the same crime in the same jurisdiction

• Miranda rights - the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals in custody suspected of criminal activity

• bail - an amount of money posted as a security to allow the defendant to be freed while awaiting trial

1. The [exclusionary rule] prohibits the use of evidence obtained without a warrant in court, although there are exceptions to this rule.

2. In Gideon v. Wainwright (1963), the Supreme Court incorporated the [Sixth Amendment], ruling that defendants have a right to an attorney provided by the state if they cannot afford one.

9.0 Privacy and Other Rights

The Supreme Court, drawing upon several amendments, ruled that the Constitution establishes a right of privacy in areas such as reproductive rights and sexuality. The Supreme Court’s decision in Roe v. Wade legalized abortions, although states may impose some restrictions on abortions, but Roe v. Wade was overturned in 2022. The Ninth Amendment provides that individuals have rights in addition to those expressly listed in the Bill of Rights.

1. In Griswold v. Connecticut (1965), the Supreme Court overturned a Connecticut law that prohibited the provision of contraceptives and medical advice about contraceptive techniques, citing affirmations of privacy in several amendments to the Constitution, including the [First, Third, Fourth, Ninth] Amendment.

2. In Lawrence v. Texas (2003), the Supreme Court struct down a Texas law, stating that the "[penumbra]" of privacy in the Constitution protects the right of consenting adults.

3. In [Roe v. Wade] (1973), the Supreme Court ruled that the Constitution protects the right of a woman to obtain an abortion during the first three months of pregnancy, drawing on the Court’s previous ruling in Griswold. Justice Harry Blackmun stated that the right of privacy, whether founded in the Fourteenth Amendment or the Ninth Amendment, is broad enough to encompass a woman’s decision.