Constitutional Study Guide. Becca Thomas, Kara Barcza, Sophia Chen, and Jaclyn Koger Period 3. Amendments Omitted. #11- Supreme Court jurisdiction #12- Vote separately for President and Vice-President #18- Prohibition #20- Start of Terms and Succession to Presidency.
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Becca Thomas, Kara Barcza, Sophia Chen, and Jaclyn Koger
no law can be created that establishes a national religion
no law can be created that prohibits religion
no law can be created that restricts freedom of speech or freedom of press
people are allowed to peacefully assemble and petition
Shank v. United States
Near v. Minnesota
Engel v. Vitale
New York Times v. Sullivan
Tinker v. Des Moines School District
Lemon v. Kurtzman
New York Times Co. v. United States
Wisconsin v. Yoder
Miller v. California
Buckley v. Valeo
Hazelwood School District v. Kuhlmeir
Texas v. Johnson
Citizens have the right to bear arms
United States v Lopez (1995)
Soldiers can’t be quartered in houses without the owner’s consent both in times of peace and of war
Engblom v. Carey
Need warrant to inspect home/business, etc and/or take items
Warrant can only be issued based “upon probable cause”
Prevents the government from just searching or seizing on whim or on if they disagree with the charged
Exclusionary Rule= evidence no matter how strong can’t be used if it was obtained illegally
Mapp v. Ohio
Hudson v. Michigan
Katz v. United States
Zurcher v. Stanford Daily
Can’t be deprived of life, liberty, or property without due process
Private property can’t be taken without compensation
Can’t be charged with a crime unless a Grand Jury indicts you (exception is if you are in the military in war time or time of danger)
Can’t be forced to testify against yourself or say anything that could be used against you (“pleading the fifth”)
Can’t be tried twice for the same offence (if found not guilty, you can admit to it after and nothing can be done)
Miranda v. Arizona
Ensures every accused person of a right to a fair and speedy trial
Will not be punished or put in jail, until case is made
Must be a ‘fair’ trial that’s open to the public
Have a fair jury and witnesses hearing both sides to decide the accused
Legal counsel (attorney/lawyer) must be provided to the accused.
Gideon v. Wainwright (1963)
If common-law cases exceed $20, your right to trial by jury is preserved,
Also, you will not be tried again nor shall facts be re-examined in any U.S. Court, according to rules of common law.
No one should be subjected to cruel and unusual punishments.
Basically guaranteeing that you won’t be tortured
Furman v. Georgia (1972) & Gregg v. Georgia (1976)
People have rights other than the ones stated in the Constitution
Meant to stop the federal government from taking rights away from the people and that people have rights other than the Bill of Rights
U.S. Public Workers v. Mitchell (1947)
Barron v. Balitmore (1833)
Gibson v. Matthews (1991)
Powers not given to the federal government by the Constitution nor denied by the Constitution are for the states and/or people
United States v. Bond (2011)
No slavery nor involuntary servitude except for punishment for crime
Congress has power to enforce this legislation.
Stopped slavery but did not stop discrimination. Blacks were usually left with slave jobs anyways.
Bailey v. Alabama (1911)
Heart of Atlanta Motel v. United States (1964)
Guarantees rights for all people
Due process Clause- prevents state/local governments from taking people’s rights without a fair process
Equal protection Clause- equal protection under the law to all people within its reach
Citizenship Clause- broad definition of citizenship
Brown v. Board of Education (1954)
Gitlow v. New York (1925)
Mapp v. Ohio (1961)
Baker v. Carr (1962)
Furman v. Georgia and Gregg v. Georgia (1972 and 1976 respectively)
Miller v. California (1973)
Roe v. Wade (1973)
UC Regents v. Bakke (1978)
Webster v. Reproductive Health Services (1989)
Planned Parenthood v. Casey (1992)
Lawrence v. Texas (2003)
Gratz v. Bollinger and Grutter v. Bollinger (2003)
Every U.S. citizen’s right to vote will not be denied or abridged based on his/her skin color, race, or previous servitude status, ( being slaves).
Congress will now have the power to enforce this article by appropriate legislation.
Smith v. Allwright (1944)
Guinn v. United States An important U.S. Supreme Court decision that dealt with provisions of state constitutions that set qualifications for voters.
Gomillion v. Lightfoot (1960)
Giles v. Teasley (1904)
Congress can put a tax on income
Property tax doesn’t have to be apportioned by population as stated in Pollock v. Farmer’s Loan and Trust Co.
Commissioner v. Glenshaw Glass Co. (1926)
Penn Mutual Indemnity
Two senators from each state, elected by the people
Have six year terms
Each senator will have one vote in the Senate
If there is a vacant spot, the state can issue a writ of election to fill the spot
Right to vote guaranteed regardless of sex
Leser v. Garnett (1922)
It’s the rights of the citizens of the U.S. to vote in any election and therefore, they should not be restricted by a Poll Tax.
If President is removed from office, dies, or resigns, the Vice President becomes President
If a vacancy happens in the Vice Presidential spot, the President nominates a new Vice President that has to be confirmed by a majority in the House and Senate
The Vice President and/or a majority of the cabinet members can declare the President disabled , VP then steps in and Congress goes through a 21 day period to determine if the President really is unfit
Congress needs a 2/3 vote in both houses to officially determine that the current President is unfit for the job at the present time
If the President sends a declaration saying he is unfit for the time being, the Vice President takes over until the President sends another declaration saying he is able to do his job again
The rights of citizens of the U.S. who are 18 or older can vote no matter what
Congress has the power to enforce this law.
The final paragraph of Article 1, Section 8 of the Constitution which authorizes Congress to pass all necessary and proper laws to carry out the enumerated powers (powers listed specifically in Article 1, Section 8 of the Constitution- coin money, regulate it’s value, impose taxes, and so forth)
McCulloch v. Maryland
The Constitution is the Supreme Law of the land
Federal law is superior to state law
Ware v. Hylton (1796)
McCulloch v. Maryland (1819)
Martin v. Hunter’s Lessee (1816) and Cohens v. Virginia (1821)
Ableman v. Booth(1859)
Cooper v. Aaron (1958)
Congress has the power of regulating commerce with foreign nations, within states and Indian tribes
Can coin money and regulate the value of it
Establishes rules on bankruptcies
Can borrow money from credit.
Gibbons V. Ogden (1824)
United States v Lopez (1995)
President needs “advice and consent” of senate with two thirds approval to make treaties and appoint ambassadors and other high ranking government officials
Documents/licenses from one state to be honored in all other states
Recognize proceedings of sister courts
Haddock v. Haddock (1906)
Prohibits the government from making any law “respecting an establishment of religion.”
Prohibits government actions that unduly favor one religion over another.
Prohibits the government from unduly preferring religion over non-religion, or non-religion over religion.
Lemon v. Kurtzman (1971)