The Constitution: The Supreme Law of the Land

Why has the Constitution been so durable?

-vague (open to interpretation) -can be amended -checks and balances & separation of powers -people have enough power (popular sovereignty) -rigid flexibility -implied powers -supremacy clause (prevents states from challenging federal gov)

Proposal of an Amendment

1. 2/3 vote of each house of Congress 2. National convention called by congress at the request of 2/3 of the state legislatures

Ratification of an Amendment

1. 3/4 of state legislatures 2. Conventions in 3/4 of the states

Civil War Amendments

13,14,15

Progressive Era Amendments

16,17,18,19

Necessary and Proper Clause

AKA The Elastic Clause; Congress can do whatever they want if they have a proper cause; power to make all laws it seems necessary to fulfill their powers; gives congress implied powers

The 22nd Amendment

AKA The FDR Amendment, created presidential term limits to 2 terms or 10 years

The 13th Amendment

Abolition of slavery and deleted 3/5 compromise

Essentials of the First Amendment

Affirms freedom of the individual, free expression essential to democracy, government mustn't touch our expression, we must respect the expression of others, and the government can regulate when ideas/rights clash

The 14th Amendment

Citizenship, equal protection, and due process for all born in the US; originally designed for slaves, but has become influential in many civil liberties cases, such as gay marriage

Marbury v. Madison

Court case that led to the establishment of judicial review

The 25th Amendment

Created after the assassination of JFK, outlined the process of presidential succession

Mapp v. Ohio

Evidence found in violation of 4th amendment may not be used in court

The 16th Amendment

Federal income tax legalized

The 1st Amendment

Known as the free expression amendment, it grants freedom of speech, religion, press, assembly, and petition of the government so the citizens can freely criticize and critique the government

The 8th Amendment

No cruel and unusual punishment, no excessive fines or bail (punishment must fit the crime)

The 6th Amendment

Right to a speedy trial by an impartial jury, right to know all charges, right to counsel

Bill of Rights

The first 10 amendments, which were ratified to appease anti-federalists and to assure US citizens of certain natural rights

Due process

The government (police mainly) has to flow rules and established procedures when arresting someone

Self-incrimination

The government cannot force citizens to testify against themselves (right to remain silent)

Double Jeopardy

The government cannot try a defendant for the same crime more than once

Eminent Domain

The government must pay owners "just compensation" (fair market value) for property that is taken

The 5th Amendment

Due process, double jeopardy, self-incrimination, and eminent domain

The 17th Amendment

Popular election of senators

The 10th Amendment

Powers not given to the national government belong to the state governments (federalism)

Structure of the Constitution

Preamble I. Legislative Branch II. Executive Branch III. Judicial Branch IV. Relations Among States V. Amending the Constitution VI. Supremacy of the Constitution and Oaths VII. Ratification

Judicial Review

Principle of the Constitution; courts can review all government action

Checks and Balances

Principle of the Constitution; each part of the government must have controls on the other parts

Popular Sovereignty

Principle of the Constitution; government's power comes from the people

Separation of Powers

Principle of the Constitution; government's power is divided between branches

Limited Government

Principle of the Constitution; government's power is not absolute

Limitations to the 1st Amendment

Clear and present danger, fighting words, obscenity, slander/libel, time/place/manner, conflicts with legitimate government interests

The 21st Amendment

End of prohibition

The 2nd Amendment

Grants the right to bear arms and the right for states to uphold a regulated militia

The 4th Amendment

Grants the right to privacy and the right against unreasonable searches and seizures

The 26th Amendment

In response to the Vietnam War, lowered the voting age to 18

Conditions for searches w/o warrant

Individuals who have consented to a search, ppl who have been lawfully arrested, police can legally frisk ppl behaving suspiciously, if officer sees incriminating evidence in plain sight

Supremacy Clause

US Constitution is the supreme law of the land, meaning national laws outweigh state laws; however, both must abide by the constitution

The 19th Amendment

Women's suffrage

The 15th Amendment

All men can vote regardless of race or color

Federalism

Principle of the Constitution; government's power is shared between national and state government where all powers not listed in the Constitution go to the state

The 18th Amendment

Prohibition of alcohol

The 9th Amendment

Rights not listed belong to the prod and the government may only use powers given to it in the Constitution