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US ConstitutionStudy Guide for US Constitution Test

Declaration of Independence:Influence on US Constitution Established natural rights (life,liberty, & pursuit of happiness) Established the concept ofpopular sovereignty (people arethe source of political power) Need for limited government Need for separation of powers Need for checks and balances Provided justification forrevolution against an unjustgovernment

Articles of Confederation:Influence on US Constitution Influenced concepts ofseparation of powers & checksand balances Articles of Confederation had noexecutive branch to enforce laws,nor a judicial branch to interpretthe laws

Weaknesses ofArticles of Confederation Constitution Fixes House of Reps determinedby population Establish power to tax Power to regulate trade Creates executive branchw/ one President Creates judicial branch tointerpret laws Creates amendmentprocess Simple majority (51%) ofBoth Houses to pass laws

Preamble to theConstitution Establishes the purpose of the USGovernment Form a more perfect unionEstablish justiceInsure domestic tranquilityProvide for common defensePromote the general welfareSecure the blessing of liberty With words, We the People, thepreamble establishes the concept ofpopular sovereignty (people are thesource of political power)

Magna Carta English Document whichestablished the followingfundamental rights Limited government (basisof US Constitution) Rule of law (governmentofficials are not above thelaw) Right to trial by jury (foundin Bill of Rights) Due process of law (found inBill of Rights) Protected against arbitrarytaking of life, liberty, andproperty

Significance of EnlightenmentWriters: Thomas Hobbes In state of nature, man is bornfree (people could take anythingthey want by force), as a resultwe must agree to give up certainrights in a social contract toensure peace (SOCIALCONTRACT THEORY) Such as the right to kill or steal

Significance of EnlightenmentWriters: John Locke Men are born free andequal, but as populationsgrew, laws were needed tokeep order, men agreed todelegate this function to agovernment, a socialcontract, with limitedpowers can be modified bythe people at any time(SOCIAL CONTRACTTHEORY)

Significance of EnlightenmentWriters: Jean Jacques Rousseau Mutual contract (socialcontract) between thepeoples and government People agree to be ruledonly so that their rights,property, and happiness beprotected by their rulers Once rulers break thecontract, the people are freeto choose another set ofrulers (basis for theDeclaration ofIndependence)

Significance of EnlightenmentWriters: Baron de Montesquieu Need for Separation ofPowers (legislative,executive, and judicialbranches of government) Importance of a fair andobjective judicial branch ofgovernment (to avoiddespotism resulting from afeeling of lacking equality)

Social Contract Theory The state arose out of avoluntary act of free people The state exists to serve thewill of the people People are the sole sourceof political power (popularsovereignty) People are free to give or towithhold the power as theychoose

Limited Government Basic principle of American system of government Government is restricted in what it may do, and eachindividual is has rights that the government cannot take away First established with the Magna Carta Rule of Law – government officials are to be held accountable fortheir actions (not above the law)

Separation of Powers Basic principle ofAmerican systemof government Executive,Legislative, andJudicial powersare dividedamong threeindependent andco-equal branchesof government Enhances conceptof limitedgovernment bydividing up thepower, to preventconcentration ofpower in oneindividual

Checks and Balances Basic principleof theAmericansystem ofgovernment System ofoverlappingpowers of thelegislative,executive, andjudicialbranches topermit eachbranch tocheck theactions of theothers

Rule of Law The government and its officers are always subject to the law First established by Magna Carta Said the King is not above the law

Federalism System of government in which a written constitution dividesthe power between a central government and several localgovernments – divides power between National (Federal),State and Local governments

Principles of American PoliticalCulture - Liberty Freedom – each person shallbe free to do as he or shechooses as long as it does notinterfere with the rights ofanother Freedom is NOT absolute Can’t say fire in a movietheater (if there is no fire) Can’t say bomb on anairplane (if there is no bomb)

Principles of American PoliticalCulture - Equality All people are entitled to equality of opportunity and equalitybefore the law

Principles of American Political Culture –Majority Rule / Minority Rights Although the majority hasthe right to rule or passlaws, they many not denythe rights of a minoritygroup

Principles of American PoliticalCulture: Necessity of Compromise To find the position that is most acceptable to the largestnumber of people by blending and adjusting competing viewsof interest

Principles of American PoliticalCulture: Diversity Each individual is unique and different and should be valuedfor their uniqueness May include differences in race, religion, ethnicity, gender,physical abilities, etc.

Bill Of Rights 1st Amendment: Freedom of Speech, Religion, Press, Assembly andPetition

Bill Of Rights 2nd Amendment: right to bear arms

Bill of Rights 3rd Amendment: No Quarter of Troops during times of peace.

Bill of Rights 4th Amendment: The right of the people against unreasonablesearch and seizures (must have warrant or probable cause).

Bill of Rights 5th Amendment: Criminal Proceedings (no self incrimination, no DoubleJeopardy (can’t be tried for same crime twice), Due Process and EminentDomain (gov’t can seize private property for public use – must paymarket value)

Bill of Rights 6th Amendment: Right to a speedy and public trial by an impartialjury.

Bill of Rights 7th Amendment: Right to a jury trial in civil matters in excess of 20.00.

Bill of Rights 8th Amendment: No Cruel and unusual punishment, nor excessivefines or bail.

Bill of Rights 9th Amendment: Any rights that are not specifically stated in theConstitution are held by the people.

Bill of Rights 10th Amendment: Powers not delegated to the U.S. by theConstitution, or are forbidden to the States, belong to the States orthe People of the States (Reserved Powers).

Formal Amendment Process Formal Amendments can bePROPOSED by: A 2/3 vote of both houses ofCongress At a national convention whencall by Congress whenrequested by 2/3 of the states Formal Amendments can beRATIFIED (approved) by: The State legislature of ¾ ofthe states Conventions held in ¾ of thestates Formal Amendment Processprovides for a way toaccommodate a changingsociety

The Supremacy Clause If national law and state law conflict, the national law will rule. McCulloch v. Maryland Supreme Court used Supremacy Clause to explain that the Stateof Maryland could not tax federal bank notes issued by the 2ndBank of the United States

Marbury v. Madison William Marbury was appointed to be ajudge for the District of Columbia byoutgoing Federalist President JohnAdams Incoming President Thomas Jeffersonwithdrew Marbury commission to thejudgeship Marbury filed suit in the Supreme Courtin an attempt to force Jefferson to givehim the judgeship, citing the NationalJudiciary Act of 1789 (allowing him totake his case directly to the SupremeCourt Established the Supreme Court’s powerof judicial review (declaring an act ofthe government unconstitutional) Struck down the National Judiciary Act of1789 as unconstitutional thereforenullifying Marbury’s case

McCulloch v. Maryland State of Maryland taxed the banknotes issued by the 2nd Bank ofthe United States State of Maryland claimed thatthe Federal Government doesnot have the authority to createa National Bank Supreme Court cited theNecessary and Proper Clause(Implied Powers) to suggest thatthe Federal Government doeshave the authority to create aNational Bank Supreme Court also cited theSupremacy Clause to suggestthat a conflict between a StateGovernment and the USConstitution would favor the USConstitution

Miranda v. Arizona Ernesto Miranda was convicted ofkidnapping and rape Miranda confessed during questioning,but was not read his rights Supreme Court overturned Miranda’sconviction, laying down the MIRANDARULE, which states that a suspect mustbe: Told of his or her right to remain silent Warned that anything he or she says canbe used in court Informed of right to an attorney If can’t afford one, court will provide one Can end questioning at any time

Plessy v. Ferguson Herman Plessy challenged aLouisiana law which requiredseparate seating for white andAfrican Americans on railroad cars Plessy cited the 14th Amendmentand stated that his Equal Protectionof Laws was violated Supreme Court ruled that as longas the facilities were SEPARATEBUT EQUAL (providing basis forlegal segregation and upholdingJim Crow Laws) Court ruled that 14th Amendmentonly gave African Americanspolitical and civil equality, not socialequality

Brown v. Board of Educationof Topeka Linda Brown, a 10 year oldTopeka girl was not permittedto attend her neighborhoodschool because she was anAfrican American Brown cited the EqualProtection Clause of the 14thAmendment Supreme Court overturned thePlessy v. Ferguson rulingstating that SEPARATE WASNOT EQUAL (makingsegregation of the racesillegal)

New Jersey v. T.L.O. T.L.O., a high school student deniedsmoking in the bathroom at school afterbeing observed by a staff person School Principal searched her purse andfound cigarettes, marijuana, and evidencethat she was dealing drugs at school T.L.O. argued that it was an illegal searchviolating the 4th Amendment Supreme Court ruled that the school hada legitimate need to maintain a properlearning environment for students whichrequires an easing of the search andseizure requirements that would benecessary outside school grounds(reason suspicion is necessary instead ofprobable cause)

Suffrage Amendments 15th Amendment (AfricanAmerican Suffrage) Right to vote could not bedenied based on race, color, orprevious condition of servitude 19th Amendment (Women’sSuffrage) Right to vote could not bedenied based on gender

Civil Rights Acts Civil Rights Act of 1964 No person may be denied access orrefused service in publicaccommodations Prohibits discrimination in any programthat receives federal funds Forbids employers and labor unions todiscriminate against any person on thegrounds of race, color, religion, sex,physical disability, or age in job relatedmatters Civil Rights Act of 1968 Open Housing Act – forbids anyone fromrefusing to sell or rent to anyone on thegrounds of race, color, religion, nationalorigin, sex, or disability

Voting Rights Act of 1965 Finally made the 15th Amendment effective by applying it ALLelections (federal, state, and local) Encouraged court challenges of poll taxes Suspended use of literacy tests as a voting requirement

Reserved Powers Powers that the Constitution does not grant to the NationalGovernment, nor are denied to the state Examples include: Regulate trade within the state Pass licensing requirements for professionals (teachers, realestate agents, doctors, etc.) Regulate alcoholic beverages Conduct Elections Establishing public schools Setting graduation requirements Establish local governments Marriage and divorce laws Land use laws

Concurrent Powers Powers that are shared byboth the NationalGovernment and the StateGovernments Examples include: Levy and collect taxesBorrow moneyEstablish courtsDefine crimes andpunishments Claim private property forpublic use (eminentdomain)

Exclusive Powers Powers that can be exercised ONLY by the NationalGovernment Examples include: Coin moneyMake treaties w/ foreign statesTax importsRegulate interstate commerceRaise and maintain armed forcesDeclare warGovern US territoriesConduct foreign relations