Key Documents of American Democracy

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Questions and Answers

Which right did the colonists consider "inalienable" in the Declaration of Independence?

  • pursuit of happiness (correct)
  • voting
  • trial by jury
  • privacy

Which United States Supreme Court decision focused on how states count popular votes for president and vice president?

  • Citizens United v. Federal Election Commission (2010)
  • U.S. v. Nixon (1974)
  • Baker v. Carr (1962)
  • Bush v. Gore (2000) (correct)

In what 1620 document do the writers form a "civil body politic"?

  • the Mayflower Compact (correct)
  • the Magna Carta
  • the Declaration of Independence
  • the Articles of Confederation

Which United States Supreme Court case held that persons accused of crimes must be advised of their Fifth and Sixth Amendment rights upon their arrest?

<p>Miranda v. Arizona (1966) (A)</p> Signup and view all the answers

What is an example of representation?

<p>The U.S. Congress passes a law (D)</p> Signup and view all the answers

What are two natural rights identified in the Declaration of Independence?

<p>life and liberty (A)</p> Signup and view all the answers

Which action is an example of petitioning the government?

<p>lobbying officials (A)</p> Signup and view all the answers

Which United States Supreme Court holding impacted the way that religious practice was approached in public schools?

<p>Engel v. Vitale (1962) (B)</p> Signup and view all the answers

Which of the following cases reinforced the federal government's authority to run a federal institution without interference by a state?

<p>McCulloch v. Maryland (1819) (A)</p> Signup and view all the answers

Which of the following cases reinforced the power of the courts?

<p>Marbury v. Madison (1803) (C)</p> Signup and view all the answers

Which statement from the English Bill of Rights is reflected in the U.S. Constitution's Eighth Amendment?

<p>That excessive bail ought not be required...nor cruel and unusual punishments inflicted; (A)</p> Signup and view all the answers

Which of the following is a right reserved for U.S. citizens only?

<p>running for federal office (B)</p> Signup and view all the answers

What is the purpose of the Selective Service System?

<p>to draft for compulsory military service (A)</p> Signup and view all the answers

Who is in charge of the executive branch?

<p>the President (B)</p> Signup and view all the answers

Which United States Supreme Court decision was based on the Equal Protection Clause?

<p>Plessy v. Ferguson (1896) (A)</p> Signup and view all the answers

Which United States Supreme Court case focused on executive privilege?

<p>U.S. v. Nixon (1974) (B)</p> Signup and view all the answers

Which of the following cases held that reproductive rights were an element of the right to privacy under the Bill of Rights and the Fourteenth Amendment?

<p>Roe v. Wade (1973) (D)</p> Signup and view all the answers

Which phrase in the U.S. Constitution addresses the power to seize property?

<p>eminent domain (D)</p> Signup and view all the answers

What is the first phrase of the U.S. Constitution?

<p>We the people of the United States, in order to form a more perfect union (A)</p> Signup and view all the answers

Which of the following documents provided an outline for a state-centered government?

<p>Articles of Confederation (A)</p> Signup and view all the answers

How did the holding in the United States Supreme Court case Gideon v. Wainwright (1963) impact criminal defendants?

<p>It established that defendants had the right to counsel (B)</p> Signup and view all the answers

Which is a core theme of the Anti-Federalist Papers?

<p>Government should support enumerated individual rights. (A)</p> Signup and view all the answers

Which document represents the supreme law of the land?

<p>the U.S. Constitution (C)</p> Signup and view all the answers

What is an example of federalism?

<p>the principle that the national and state governments share power (C)</p> Signup and view all the answers

The U.S. Constitution requires that the President be elected by whom?

<p>the Electoral College (A)</p> Signup and view all the answers

Why did many colonists fight the British during the American Revolution?

<p>because they opposed taxation without representation (A)</p> Signup and view all the answers

Who signs proposed bills into federal laws?

<p>the President of the United States (C)</p> Signup and view all the answers

Which United States Supreme Court decision was based on the Necessary and Proper Clause?

<p>McCulloch v. Maryland (1819) (D)</p> Signup and view all the answers

What is one right included in the First Amendment?

<p>free speech (A)</p> Signup and view all the answers

Which point of view is reflected in Common Sense?

<p>Representatives should be elected (D)</p> Signup and view all the answers

What stops one branch of government from becoming too powerful?

<p>checks and balances (D)</p> Signup and view all the answers

Who does a U.S. Senator represent?

<p>the residents of a single state (C)</p> Signup and view all the answers

Which of the following was established by a constitutional amendment?

<p>The President may serve no more than two elected terms. (B)</p> Signup and view all the answers

What is the length of a U.S. Representative's elected term?

<p>two years (C)</p> Signup and view all the answers

Which government officials are elected by the people?

<p>mayors (D)</p> Signup and view all the answers

Which of the following correctly pairs a document with a core theme of that document?

<p>Magna Carta/Established the principle of the rule of law (D)</p> Signup and view all the answers

Which United States Supreme Court decision was based on the Free Exercise Clause?

<p>West Virginia v. Barnette (1943) (C)</p> Signup and view all the answers

How did District of Columbia v. Heller (2008) impact state's rights?

<p>It reduced the ability of states to place restrictions on Second Amendment rights (A)</p> Signup and view all the answers

What is the highest federal court in the United States?

<p>the Supreme Court (A)</p> Signup and view all the answers

Which phrase from a letter written by President Thomas Jefferson in 1802 reflects a freedom in the Bill of Rights?

<p>building a wall of separation between Church and State (B)</p> Signup and view all the answers

What are the first two paragraphs of the Declaration of Independence called?

<p>the Preamble (D)</p> Signup and view all the answers

How many amendments does the U.S. Constitution currently have?

<p>27 (D)</p> Signup and view all the answers

Which part of government was created to reflect the colonists' position that governments derive their powers from the consent of the governed?

<p>the legislature (D)</p> Signup and view all the answers

Which structure found in the U.S. Constitution was included as a response to a concern expressed in the Declaration of Independence?

<p>separation of powers (A)</p> Signup and view all the answers

Which two steps are required in order for someone to become Chief Justice of the U.S. Supreme Court?

<p>nomination by the President, confirmation by the Senate (C)</p> Signup and view all the answers

Which of the following cases impacted interpretation of the Fourteenth Amendment?

<p>Brown v. Board of Education (1954) (D)</p> Signup and view all the answers

Which of the following documents provided a rationale for the Declaration of Independence?

<p>Common Sense (A)</p> Signup and view all the answers

What is one power of the U.S. Senate?

<p>ratify international treaties (B)</p> Signup and view all the answers

Which United States Supreme Court case focused on whether an enslaved person, having lived in free territory, should be free?

<p>Dred Scott v. Sandford (1857) (B)</p> Signup and view all the answers

Which phrase from a letter written by Abigail Adams to her husband John Adams in 1776 is reflected in the Nineteenth Amendment?

<p>I desire you would Remember the Ladies, and be more generous and favourable to them (A)</p> Signup and view all the answers

What is the purpose of the Seventeenth Amendment?

<p>to promote democratic participation (C)</p> Signup and view all the answers

Which phrase from a letter written by Sarah Grimké in 1837 is reflected in the Fourteenth Amendment?

<p>I ask no favors for my sex. I surrender not our claim to equality. (A)</p> Signup and view all the answers

Which phrase from the English Bill of Rights (1689) is reflected in the U.S. Constitution's Third Amendment?

<p>That...keeping a standing army within the kingdom in time of peace...is against law (A)</p> Signup and view all the answers

Which United States Supreme Court decision resulted in reduced power for state governments?

<p>Roe v. Wade (1973) (D)</p> Signup and view all the answers

Which United States Supreme Court case established the power of judicial review?

<p>Marbury v. Madison (1803) (D)</p> Signup and view all the answers

Flashcards

What is the 4th Amendment about?

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures

What does the 5th Amendment say?

If someone is accused of a crime, the government cannot make them testify against themselves. (A guilty man can "plead the fifth.")

What does the 6th Amendment say?

If someone is accused of a crime, they have the right to a speedy and public trial.

What does the 8th Amendment say?

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." For example, someone should not be sentenced to death for shoplifting.

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What does the 10th Amendment say?

Any rights that are not specifically listed in the U.S. Constitution are still preserved for individual states. For example, some states allow for same-sex marriage, even though the U.S. Constitution does not address marriage.

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What is "eminent domain"?

The power of the government to take private property for public use, such as for building highways. The government must pay fair market value for the property.

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What is "federalism"?

The principle that the national and state governments share power. For example, state governments can make laws in their own state, but they may not conflict with federal laws.

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What are "checks and balances"?

The system in which each branch of government has a certain amount of power and limits over the other branches. For example, Congress makes laws, but the President can veto them. The judicial branch can declare laws unconstitutional.

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What is "judicial review"?

The power of the Supreme Court to declare laws unconstitutional. The Supreme Court can strike down any law that violates the U.S. Constitution.

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What is the "social contract"?

The principle that the people give up some liberty in exchange for the protection of the government. For example, people have the right to free speech, but they cannot yell "fire" in a crowded theater.

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What is "popular sovereignty"?

One of the core principles of democracy. The people have the power. The people can vote for representatives to make laws.

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What is the "rule of law"?

No person (including government officials) is above the law. Everyone must follow the same rules.

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What is the "Bill of Rights"?

The first 10 Amendments to the U.S. Constitution. They guarantee basic rights to citizens. (Freedom of speech, religion, the press, etc.)

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What is the "legislative power"?

The power of Congress to make laws.

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What is the "executive power"?

The power of the President to enforce laws.

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What is the "judicial power"?

The power of the courts to interpret laws.

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What is "Common Sense"?

A document written by Thomas Paine, which argued for American independence. Paine's ideas influenced the Declaration of Independence.

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What is the "Mayflower Compact"?

A document written in 1620, which established a government for the Plymouth colony in America. This was early in American history.

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What is the "Preamble" to the U.S. Constitution?

The first part of the Constitution, which states the main purposes of the U.S. government. (To form a more perfect Union, establish Justice, ...)

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What is the "Magna Carta"?

A document written in 1215, which limited the power of the English King. This helped to establish the idea of the "rule of law".

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What is the "Declaration of Independence"?

A document written in 1776 by Thomas Jefferson, which declared that the 13 American colonies were independent of Great Britain. This document includes the phrase "all men are created equal."

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What is the "U.S. Constitution"?

A document written in 1787, which sets up the framework for the U.S. federal government. It establishes the three branches of government.

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What are the "Articles of Confederation"?

A document written in 1781, which created a weak national government for the newly formed United States. This government was ineffective and was replaced by the U.S. Constitution.

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What is a "unitary" government?

A system where power is concentrated in a single central government. For example, the UK is a unitary government.

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What is a "state"?

An independent state, such as California or Florida. States have their own laws and Constitutions.

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What is a "pardon"?

The power of the President to pardon criminals who have been convicted of a crime. It means they have the power to forgive the criminal and set them free.

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What does it mean to be "Commander in Chief"?

The power of the President to order the military to take action. For example, the President can order troops deployed to a foreign country.

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What is the "Cabinet"?

A group of people appointed by the President to advise him on various government issues. For example, the Secretary of State is a member of the Cabinet and advises the President on foreign policy.

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What is a "veto"?

The power of the President to veto bills before they become laws. The veto power is often used to prevent the other branches of government from enacting laws that the President dislikes.

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What is "prosecution"?

A process where the government prosecutes a person for committing a crime. For example, the government might prosecute someone for robbery.

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What is a "treaty"?

An agreement between two or more countries. The Senate ratifies treaties.

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What is Commander in Chief?

The power of the President to order the military to take action, such as deploying troops.

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What is legislative power?

The power of Congress to make laws.

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What is executive power?

The power of the President to enforce laws.

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What is judicial power?

The power of the courts to interpret laws and ensure they are constitutional.

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What is the Articles of Confederation?

A document written in 1781 that created a weak national government for the new United States, later replaced by the U.S. Constitution.

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What is due process?

The process of ensuring fair treatment in judicial proceedings, protecting individuals from arbitrary actions of the government.

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What is checks and balances?

The principle that each branch of government has some power over the other branches, preventing any one branch from becoming too powerful.

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What is the Equal Protection Clause?

Ensuring that all people are treated equally under the law.

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What is the Supremacy Clause?

The principle that the Constitution is the supreme law of the land and state laws must comply with it.

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What rights did colonists consider "inalienable"?

The right to life, liberty, and the pursuit of happiness, considered essential for a fulfilling life.

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Bush v. Gore (2000)

A landmark Supreme Court case that focused on recounting votes in the 2000 presidential election. The ruling ultimately decided the outcome of the election.

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Mayflower Compact

A 1620 agreement signed by the Pilgrims aboard the Mayflower, establishing a self-governing body politic for the Plymouth colony.

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Miranda v. Arizona (1966)

A 1966 Supreme Court decision that ruled that criminal suspects must be informed of their Fifth and Sixth Amendment rights before interrogation.

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What is representation?

The process by which representatives act on behalf of the people they represent. This is a fundamental principle of democracy.

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Life and liberty

Natural rights outlined in the Declaration of Independence that are inherent and cannot be taken away.

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What is petitioning the government?

The act of engaging with the government to influence decisions or express concerns. This is a right protected by the First Amendment.

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Engel v. Vitale (1962)

A 1962 Supreme Court case that ruled unconstitutional the practice of school-sponsored prayer in public schools, emphasizing the separation of church and state.

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McCulloch v. Maryland (1819)

An 1819 Supreme Court case that established the supremacy of federal law over state law. It also upheld the implied powers of the federal government.

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Marbury v. Madison (1803)

A landmark Supreme Court case that established the principle of judicial review, giving the Supreme Court the power to declare laws unconstitutional.

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What does the Eighth Amendment protect?

A right guaranteed by the Eighth Amendment to the U.S. Constitution, prohibiting excessive bail and cruel and unusual punishments.

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What right is reserved for US citizens?

The right to run for federal office is reserved for U.S. citizens. It is a privilege based on citizenship and participation in the political process.

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What is the Selective Service System?

A system established by the Selective Service System to potentially require citizens to serve in the military in times of national emergency.

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Who is in charge of the executive branch?

The President of the United States is the head of the executive branch, responsible for carrying out the laws enacted by Congress.

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Plessy v. Ferguson (1896)

A 1896 Supreme Court case that upheld the constitutionality of racial segregation laws, also known as 'separate but equal' doctrine.

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US v. Nixon (1974)

A 1974 Supreme Court case that addressed executive privilege, the President's right to withhold information from Congress or the courts.

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Roe v. Wade (1973)

A 1973 Supreme Court case that established a constitutional right to abortion, recognizing privacy under the Fourteenth Amendment.

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What is the first phrase of the U.S. Constitution?

The opening phrase of the U.S. Constitution, emphasizing the unity and purpose of the newly formed nation.

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Articles of Confederation

A document adopted in 1781 that established a weak national government for the newly independent United States, later replaced by the U.S. Constitution.

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Gideon v. Wainwright (1963)

A 1963 Supreme Court decision that guaranteed the right to legal counsel for indigent defendants in criminal cases, enforcing the Sixth Amendment.

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What was a core theme of Anti-Federalist Papers?

A core theme of the Anti-Federalist Papers, focusing on the importance of individual rights and their protection in the Constitution.

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What represents the supreme law of the land?

The U.S. Constitution is considered the supreme law of the land, and states must comply with its provisions.

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Who does the U.S. Constitution require the President to be elected by?

The Electoral College is the body that elects the President of the United States, and it does not simply reflect the popular vote.

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Why did many colonists fight the British during the American Revolution?

The colonists fought the British during the American Revolution primarily because they opposed the British practice of taxation without representation. They argued that they should not be taxed without having elected representatives to voice their concerns.

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Who signs proposed bills into federal laws?

The President of the United States is the person who signs proposed bills into law, making them official.

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Tinker v. Des Moines (1969)

A 1969 Supreme Court case that affirmed the First Amendment right of students to free speech in public schools, even if the speech is unpopular or controversial.

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What is one right included in the First Amendment?

One of the five freedoms guaranteed by the First Amendment to the U.S. Constitution, protecting individual expression and communication.

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What point of view is reflected in Common Sense?

A document written by Thomas Paine that argued for American independence, emphasizing the need for representative government and individual liberty.

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What stops one branch of government from becoming too powerful?

The system of checks and balances is designed to ensure that no one branch of government becomes too powerful.

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Who does a U.S. Senator represent?

US Senators represent their respective states, meaning they advocate for the interests of the entire state, not just a particular district.

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Which of the following was established by a constitutional amendment?

The Twenty-Second Amendment to the U.S. Constitution, which limits the number of terms a President can serve to two elected terms.

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Study Notes

Key Documents and Concepts

  • Declaration of Independence: Outlines colonists' grievances against British rule, asserts natural rights (life, liberty), and justifies separation. Alludes to the "pursuit of happiness" as an inalienable right. Life and liberty are considered natural rights. Happiness is also an inalienable right.

  • U.S. Constitution: Establishes a framework for a federal government, outlining the powers and responsibilities of different branches. Stresses the idea of popular sovereignty and checks and balances to prevent any one branch from gaining excessive power. It's the supreme law of the land. Sets up a federal government

  • Articles of Confederation: A precursor to the U.S. Constitution, this document created a state-centered government with limited federal power, formed after declaring independence. This system proved weak and led to the adoption of the U.S. Constitution.

  • Mayflower Compact: Early American document where writers formed a "civil body politic"—a self-governing community.

  • Common Sense: A document encouraging colonists to form their own government, supporting representative government over a monarchy. Advocated for representative government.

  • Magna Carta: An English document focused on limiting the power of the monarchy and establishing the principle of rule of law. Established the principle of rule of law.

Key Supreme Court Cases

  • Bush v. Gore (2000): Supreme Court decision concerning the recount of Florida votes in the 2000 presidential election, determining the outcome.

  • U.S. v. Nixon (1974): Clarified executive privilege limitations. Limits the power of the executive branch.

  • Marbury v. Madison (1803): Established the power of judicial review, allowing the Supreme Court to evaluate the constitutionality of laws. Enforces the separation of powers and limits of the branches. Established judicial review.

  • McCulloch v. Maryland (1819): Strengthened federal power and addressed balance between federal and state governments. Emphasizes the Necessary and Proper Clause. Illustrated the concept of federal supremacy.

  • Plessy v. Ferguson (1896): Established the "separate but equal" doctrine, impacting African American civil rights, based on the Equal Protection Clause.

  • Dred Scott v. Sandford (1857): Court ruling that determined African Americans were not citizens, denying them standing to sue. This ruling demonstrates a violation of civil rights for African Americans.

  • Miranda v. Arizona (1966): Case establishing criminal defendants' rights regarding self-incrimination and legal counsel. Ensures due process in legal proceedings. Established the requirement to inform suspects of their rights.

  • Gideon v. Wainwright (1963): Case upholding the right to counsel for indigent defendants in criminal trials, critical for ensuring due process. Guaranteed legal counsel.

  • Engel v. Vitale (1962): Case involving mandatory prayer in public schools, ruling against it based on the separation of church and state.

  • Tinker v. Des Moines (1969): Case affirming students' First Amendment rights in public schools.

  • Hazelwood v. Kuhlmeier (1988): Decision limiting student speech rights in school-sponsored publications.

  • Roe v. Wade (1973): Supreme Court ruling recognizing a woman's right to an abortion as part of the right to privacy. Articulated interpretation of the Bill of Rights.

  • District of Columbia v. Heller (2008): Case reinforcing limits on government restrictions concerning the Second Amendment.

  • Mapp v. Ohio (1961): Case impacting Fourth Amendment protections, addressing the exclusionary rule.

Constitutional Amendments

  • First Amendment: Protects freedom of speech, religion, the press, and the right to assemble and petition the government.

  • Fourth Amendment: Protection against unreasonable searches and seizures.

  • Fifth Amendment: Guarantees the right against self-incrimination and double jeopardy; due process of law.

  • Sixth Amendment: The right to a speedy and public trial, right to an attorney, and other protections for the accused.

  • Eighth Amendment: Protection against excessive bail and cruel or unusual punishments.

  • Fourteenth Amendment: Addresses citizenship, ensuring equal protection under the law, especially for African Americans. Focuses on the equal protection clauses.

  • Seventeenth Amendment: Allows for the direct election of U.S. Senators.

  • Nineteenth Amendment: Grants women the right to vote.

  • Three-Fifths Compromise: A significant compromise related to representation in Congress.

  • Bill of Rights: Consists of the first ten amendments concerning individual rights, emphasizing the idea of enumerated individual rights. The First 10 Amendments.

Branches of Government, Powers, and Elections

  • Executive Branch: Headed by the President; enforces laws.

  • Legislative Branch: Congress, responsible for creating laws. House of Representatives and Senate.

  • Judicial Branch: Supreme Court and other federal courts, responsible for interpreting laws.

  • Elected officials: The President, Senators, Members of the House of Representatives are elected by the people based on the principle of popular sovereignty.

  • Electoral College: Process for electing the president. Established in the Constitution.

  • Checks and Balances: A system to prevent any one branch from becoming too powerful. Limit the power of each branch

  • Separation of Powers: Divides governmental power among branches prevents tyranny limits the power of each branch.

  • Judicial Review: The power of the courts to review laws for constitutionality.

  • Federalism: The principle of sharing power between state and federal governments.

  • Enumerated powers: Specifically listed powers granted to the federal government.

  • Reserved powers: Powers retained by state governments.

  • Popular Sovereignty: The principle that the government derives its power from the consent of the governed.

  • Supremacy Clause: Federal laws take precedence over state laws when there's a conflict

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