foundational docs + landmark cases Flashcards
gov
Article I
Legislative: congress
Article II
Executive
Article III
Judicial: supreme court
Article IV
States
Article V
Amendment process
Article VI
Supremacy Clause
Article VII
Ratification of the Constitution
Constitution mnemonic
Lazy Elephants Jump Slowly and Sit Regularly
How many Amendments?
27
1st Amendment?
…no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
2nd Amendment?
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed”
4th Amendment?
No unreasonable searches
3rd Amendment?
No quartering soldiers
5th Amendment?
Don’t have to testify against yourself
6th Amendment?
Right to a speedy trial, attorney, and impartial jury in criminal prosecutions
7th Amendment?
For lawsuits, if the value if over $20, they have the right to a jury trial
8th Amendment?
No cruel and unusual punishment
9th Amendment?
Even unlisted citizen rights are protected, rights that are not listed left to interpretation
10th Amendment?
Powers not given to the feds are given to the states
13th Amendment?
No more slavery
14th Amendment?
“.No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without the due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”
19th Amendment?
Women’s right to vote
Brutus 1
A strong central government will be an “absolute and uncontrollable power” which will be a “destruction of liberty” and leave behind State’s rights
Federalist 10
Large republic controls faction and and increases representation
Federalist 51
three branch government structure to prevent tyranny: checks and balances
Federalist 70
Pluralist executive is a bad idea. Need for a strong central SINGLE president
Federalist 78
Federal courts have the right to check Congress for if they are following the Constitution. Judicial review truther
Letter from Birmingham Jail
“Injustice anywhere is a threat to justice everywhere”
National Bank establishment and States can’t tax Federal
McCullough v Maryland
McCullough v Maryland mnemonic?
Mac beat Mary down Lough at the IRS
Congress cannot establish Gun Free School Zones Act under Commerce Clause under the 10th Amendment
United States v Lopez
Lopez what?
Lopez Gunz
The Supreme Court can intervene in State’s appointment in order to enforce the Equal Protections Clause
Baker v Carr
Who is Ba-Carr?
Ba-Carr is the civil rights pirate
Districts can’t be drawn only based on race, no pure racial gerrymandering
Shaw v Reno
What does Shaw the Rhino hate?
racial gerrymandering
Judicial Review establishment and the role of SCOTUS
Marbury v Madison
John Marshall’s favorite candy?
M&Ms
Prayer in school over “captive audience” is not allowed
Engel v Vitale
Angels had too much….
Vitality
Freedom of individual over the interest of the state. School was in conflict of the Amish religion and can’t make them go to school past 8th grade
Wisconsin v Yoder
Where do the Amish yodel?
Wisconsin
1st Amendment means that students have a right to non disruptive political speech at school
Tinker v Des Moines
Free speech is not absolute when it has a “clear and present danger” and the Espionage Act during WW1 was upheld
Schenck v United States
Schenck the…?
Socialist!
Bonus: Can’t repress free speech if it is not apparent that it would lead to “imminent lawless action”
Brandenburg v Ohio
Government cannot partake in “prior restraint” and censor the press before they publish something, unless there is a big proven national security threat
New York Times v United States
Bonus: Individual has a right to keep a firearm in their home regardless of militia status for self-defense in DC (federal)
District of Columbia v Heller
An individual’s right to keep a firearm for self-defense in their home is extended down to State and local government
McDonald v Chicago
Guarantee of council (public defenders) is a fundamental right as said by the 6th’s Amendment right to attorney
Gideon v Wainwright
What did Gideon have?
a (wainw)right to an attorney
Segregation was inherently unequal and violated the Equal Protection Clause
Brown v Board of Education Topeka
Free Speech Clause does not allow the government to limit independent funds for political campaigns by corporations, nonprofit organizations, labor unions, and other associations
Citizens United v FEC
