Constitution
A group who opposed the ratification of the Constitution in 1787. They opposed a strong central government (tyranny) and supported states' rights.
What are Anti-Federalists
Powers not expressly given to federal government by the Constitution are reserved to states or the people. Also known as "reserved powers amendment" or "states' rights amendment"
What is the 10th amendment
Established supremacy of the U.S. Constitution and federal laws over state laws
What is McCulloch v. Maryland
Congress can regulate trade between nations, between states, and among Indian tribes.
what is a Commerce Clause
A system of government in which power is divided between one central government and several regional governments (dual or cooperative). Used in USA and a few other countries. Most countries have unitary governments.
What is Federalism
Supporters of the new constitution in 1787 and became first political party
What are federalists
Government cannot inflict cruel and unusual punishment.
What is the 8th Amendment
Established the principle of judicial review empowering the Supreme Court to nullify an act of the legislative or executive branch that violates the Constitution
What is Marbury v. Madison
The national government must observe fair procedures when it denies a person life, liberty, or property.
What is the Due Process Clause 5th Amendment
Also known as "layer-cake federalism.
What is Dual Federalism
Nonbinding "league of friendship" among sovereign states with weak central government to help with common defense & cooperation
What are the Articles of Confederation
no person can be deprived of life, liberty or property without DUE PROCESS OF LAW
What is the 14th Amendment
Race-based school segregation violates the equal protection clause
What is Brown v. Board of Education
States cannot unreasonably discriminate against individuals. They must treat people "equally".
What is the Equal Protection Clause
System of federalism where federal & state governments help each other perform governmental duties. Also known as marble-cake federalism.
What is Cooperative Federalism
Article V; the (very difficult) process of adding or deleting words to the constitution (27 times since 1788); propose by 2/3 vote of Congress or Constitutional Convention (never used); ratify by 3/4 vote of state legislators or state convention (only used once)
What is the Formal Amendment Process
States cannot deny the right to vote based on gender
What is the 19th Amendment
Speech creating a "clear and present danger" is not protected by the First Amendment
What is Schenck v. United States
Congress cannot establish an "official" religion. This, in effect, provides for separation of church and state.
What is the Establishment Clause
Written in 1788 by Madison, Hamilton, and Jay to support ratification of the Constitution. Fed 10 (factions) & Fed 51 (separation of powers, checks & balances)
What are Anti-Federalists
North Atlantic Treaty Organization. Cold War military alliance
What is NATO
Abolishes poll taxes
What is the 24th Amendment
Opened the door to equal protection challenges to redistricting and the development of the "one person, one vote" doctrine by ruling that challenges to redistricting did not raise "political questions" that would keep federal courts from reviewing such challenges
What is Baker v. Carr
Government can take private property for a public purpose, but it must provide fair compensation to the owners of that property.
What is the Takings Clause
Written in 1788 by Madison, Hamilton, and Jay to support ratification of the Constitution. Fed 10 (factions) & Fed 51 (separation of powers, checks & balances)
What are Federalist Paper