Judicial Review
This major court case re-established rule of law. The president attempted to withhold incriminating evidence from the judicial branch, exercising executive privilege. S.C. decided that "executive privilege must give way to the “fundamental demands of due process.”
U.S. V. Nixon
Right to bear arms (own weapons)
2nd amendment
Creates the judicial branch of the federal govt. Creates supreme court and its jurisdiction. Right to trial by jury.
Article 3
13, 14, 15.
Outlawed slavery
All people born in the U.S. are citizens
Voting rights of freedmen
Power derived from the people
Popular sovereignty
Established both the Elastic clause (federal gov has powers not listed, has power to stretch as necessary.) and reaffirmed the Supremacy clause (federal law>states) Maryland tried to tax federal U.S. bank, court decided creating federal banks is an enumerated (written) power, states do not have right to tax feds.
McCulloch V Maryland
No unreasonable search/seizure
4th amendment
Creates the executive branch of the federal govt. Election, qualifications, term, powers of president. (command military, make treaties, appoint exec. officers).
Article 2
16, 17, 18/21, 19
Income tax
Directly vote for senators
Prohibition & repeal
Women's suffrage
Establishing constitution and making sure it is enforced
Rule of law and order
Established judicial review of the constitution. In 1800, Adams created new federalist positions in congress to keep federalists in power after Jefferson won. Jefferson forced his secretary of state, Madison, not to deliver appointments. Marbury was one who didn't get his job. Took it to court, S.C. decided Jefferson could not withhold appointments made by executive officer.
Marbury V Madison
No cruel and unusual punishment
8th amendment
Established legislative branch of federal govt. Congress (senate and house, bicameral), elections, terms and qualifications. Elastic clause.
Article 1
11, 12,
Protects states from lawsuits of citizens from other states
Separates vote for president and vice president
Making sure one branch of govt doesn't get too powerful to avoid tyranny. 2/3 of congress for an amendment, veto, judicial review.
Separation of powers, checks/balances
Strict/literal interpretation of the constitution's text.
Originalism
Right to a fair, public and speedy trial
6th amendment
Describes amendment process. 2/3 of congress to propose a vote, 3/4 of states to ratify into constitution.
Article 5.
20, 22, 25, 27
Shortened "lame duck period"
Limited presidents to 2 terms
Succession of presidency
Congress pay raises don't go into effect until next election
Dividing power between federal and state govts
Federalism
Loose/flexible interpretation of the constitution
Interpretivism
Rights of the accused. Due process, grand jury, no double jeopardy, no self-incrimination
5th amendment
Makes the constitution the supreme law of the land. Established supremacy clause, federal government always reigns over state powers.
Article 6
23, 24, 26
D.C. residents can vote, 3 electors
No poll taxes
Lowered voting age from 21 to 18
Supreme court and judicial branch operate independently.
Independent judiciary/ judicial review