foundational docs + landmark cases Flashcards

gov

1
Q

Article I

A

Legislative: congress

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2
Q

Article II

A

Executive

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3
Q

Article III

A

Judicial: supreme court

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4
Q

Article IV

A

States

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5
Q

Article V

A

Amendment process

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6
Q

Article VI

A

Supremacy Clause

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7
Q

Article VII

A

Ratification of the Constitution

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8
Q

Constitution mnemonic

A

Lazy Elephants Jump Slowly and Sit Regularly

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9
Q

How many Amendments?

A

27

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10
Q

1st Amendment?

A

…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

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11
Q

2nd Amendment?

A

“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”

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12
Q

4th Amendment?

A

No unreasonable searches

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13
Q

3rd Amendment?

A

No quartering soldiers

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14
Q

5th Amendment?

A

Don’t have to testify against yourself

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15
Q

6th Amendment?

A

Right to a speedy trial, attorney, and impartial jury in criminal prosecutions

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16
Q

7th Amendment?

A

For lawsuits, if the value if over $20, they have the right to a jury trial

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17
Q

8th Amendment?

A

No cruel and unusual punishment

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18
Q

9th Amendment?

A

Even unlisted citizen rights are protected, rights that are not listed left to interpretation

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19
Q

10th Amendment?

A

Powers not given to the feds are given to the states

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20
Q

13th Amendment?

A

No more slavery

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21
Q

14th Amendment?

A

“.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”

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22
Q

19th Amendment?

A

Women’s right to vote

23
Q

Brutus 1

A

A strong central government will be an “absolute and uncontrollable power” which will be a “destruction of liberty” and leave behind State’s rights

24
Q

Federalist 10

A

Large republic controls faction and and increases representation

25
Federalist 51
three branch government structure to prevent tyranny: checks and balances
26
Federalist 70
Pluralist executive is a bad idea. Need for a strong central SINGLE president
27
Federalist 78
Federal courts have the right to check Congress for if they are following the Constitution. Judicial review truther
28
Letter from Birmingham Jail
"Injustice anywhere is a threat to justice everywhere"
29
National Bank establishment and States can't tax Federal
McCullough v Maryland
30
McCullough v Maryland mnemonic?
Mac beat Mary down Lough at the IRS
31
Congress cannot establish Gun Free School Zones Act under Commerce Clause under the 10th Amendment
United States v Lopez
32
Lopez what?
Lopez Gunz
33
The Supreme Court can intervene in State's appointment in order to enforce the Equal Protections Clause
Baker v Carr
34
Who is Ba-Carr?
Ba-Carr is the civil rights pirate
35
Districts can't be drawn only based on race, no pure racial gerrymandering
Shaw v Reno
36
What does Shaw the Rhino hate?
racial gerrymandering
37
Judicial Review establishment and the role of SCOTUS
Marbury v Madison
38
John Marshall's favorite candy?
M&Ms
39
Prayer in school over "captive audience" is not allowed
Engel v Vitale
40
Angels had too much....
Vitality
41
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
42
Where do the Amish yodel?
Wisconsin
43
1st Amendment means that students have a right to non disruptive political speech at school
Tinker v Des Moines
44
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
45
Schenck the...?
Socialist!
46
Bonus: Can't repress free speech if it is not apparent that it would lead to "imminent lawless action"
Brandenburg v Ohio
47
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
48
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
49
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
50
Guarantee of council (public defenders) is a fundamental right as said by the 6th's Amendment right to attorney
Gideon v Wainwright
51
What did Gideon have?
a (wainw)right to an attorney
52
Segregation was inherently unequal and violated the Equal Protection Clause
Brown v Board of Education Topeka
53
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