Articles of the Constitution
This article of the Constitution created the legislative branch of the United States government.
What is Article I?
What does the Bill of Rights protect and why was it added to the Constitution?
What is: protects individual liberties and limits federal government power, and was added partly to address Anti-Federalist concerns?
In this case, the Supreme Court ruled that distributing anti-draft pamphlets during wartime was not protected speech because it posed a “clear and present danger.”
What is Schenck v. United States?
Written by Hamilton, Madison, and Jay, these essays supported ratification of the Constitution and explained the structure of government.
What are the Federalist Papers?
This compromise resolved disputes between large and small states by combining proportional representation in one house with equal representation in another.
What is the Great Compromise (Connecticut Compromise)?
This clause in Article I gives Congress the power to regulate anything affecting trade between states.
What is the Commerce Clause?
What does the 1st Amendment state?
What is the right to Freedom of Speech, Press, Assembly, Petition, and Religion?
This case established that suspects must be informed of their right to remain silent and to have an attorney during police interrogations.
What is Miranda v. Arizona?
According to this amendment, if a power isn’t explicitly given to the federal government, it can be used by the states—this forms the constitutional basis for state sovereignty.
What is the 10th Amendment?
In MA, this 1786–1787 uprising by farmers protesting high property taxes exposed the weaknesses of the Articles of Confederation.
What is Shays’ Rebellion?
Article III established the federal court system. Name the three levels of courts described in your notes.
What are the district courts (93), circuit courts of appeals (13), and the supreme court?
This part of the First Amendment prevents the government from establishing an official religion and also guarantees citizens the right to practice their religion of choice.
What is the Establishment Clause and Free Exercise Clause?
This landmark civil rights case overturned “separate but equal,” ending legal school segregation in the United States.
What is Brown v. Board of Education?
This type of federalism, also called “layer cake,” strictly separates state and national powers, giving most power to the states.
What is Dual Federalism?
Under the 1st Amendment of Freedom of Speech, give an example of speech that is protected and speech that is not protected.
What is:
Protected: hate speech and symbolic speech
Unprotected: libel, slander, obscenity, threat of violence
Article IV ensures cooperation between states and the federal government. According to your notes, it also guarantees that citizens traveling to another state will receive this.
What are the privileges and immunities of citizens?
What is due process in the case of the 5th amendment?
What is the government must follow fair/legal process before taking away rights/property?
This case legalized birth control for married couples, established a broader right to privacy, and later set precedent for abortion rights.
What is Griswold v. Connecticut?
During FDR’s presidency, this “marble cake” system allowed the federal government to use its resources to handle nationwide crises, like the Great Depression, while still involving states.
What is Cooperative Federalism?
Passed under the Articles of Confederation, this law provided a process for admitting new states and prohibited slavery in the Northwest Territory.
What is the Northwest Ordinance of 1787?
Article V lays out how the Constitution can be amended. Name both methods described in your notes.
What are:
1. 2/3 vote of each house of congress, then ratification by 3/4 state legislatures
2. convention of the states
What does the 4th Amendment state about searches and seizures, and what is a key exception to this protection?
This case ruled that schools cannot force students to participate in prayer, reinforcing the separation of church and state.
What is Engel v. Vitale?
Programs like block grants and revenue sharing are tools of this federalism approach, which tries to give states more discretion over how federal money is spent.
What is New Federalism (Devolution)?
Give an example of a right that all states have to follow on a federal level (incorporation) and an example of a right that is left up to a case-by-case basis to the states (selective incorporation).
What is:
incorporation examples: 2nd amendment (guns!!!!), no illegal searches, miranda rights
selective: death penalty, roe v wade/abortion rights (recently, ugh booooo)