The Three Branches of the U.S Government 

1. Executive 

2. Legislative

• Article 1 of the Constitution - all legislative power is given to Congress 

• House and the Senate 

  • Elected by the people 

  • 100 Senators 

  • 435 Members of the House 

  • Number of state house members changes every 10 years with the U.S consensus 

3. Judicial 

Ways Laws are Changed 

1. Bills 

2. Supreme Court Decision 

3. Constitutional Amendment 

4. Executive Order 

Federalism 

• 10th Amendment 

  • State Laws can’t supercede federal laws - Article 6: the Supremacy Clause 

  • Jim Crow laws undermined this 

  • The Obama administration let State decisions on marijauna challenge this 

  • 1876 - corrupt bargain - federal government split 

    • Samuel Tilden v. Rutherford B. Hayes 

      • Republicans agreed to leave the North if they kept the White House 

      • Democrats controlled the House of Representatives allowed the decision made by the Electoral Commission securing the legitimacy of Hayes’ presidency 

      • Subsequent withdrawal of federal troops from the Southern United States effectively ended the Reconstruction Era 

Supreme Court Decisions 

1. Marbury v. Madison 

• 1803 - U.S Supreme Court ruled an act of Congress unconstitutional, establishing the principle of Judicial Review 

  • Judicial Review = the power of federal courts to declare laws and government actions invalid when those laws or actions conflict with the constitution 

• Rule of Four: at least 4 Supreme Court justices must agree to hear a case from a lower court 

• Set up the Supreme Court as the key interpreter of the Constitution 

2. McCulloh v. Maryland 

• 1819 - allows a National bank to exist because of Article 1 Section 8 of the Constitution (necessary and proper clause - Congress has power to collect taxes, and provide for the common welfare and defense of the U.S)

• Supremacy Clause = the clause within the Constitution that makes the Constitution and federal laws stemming from it authoritative over all other laws 

3. Worcester v. Georgia 

• 1832 - States did not have the right to impose regulations on Indian land 

• President Andrew Jackson ignored the decision and continued to pass legislation that damaged the Indian reservations - first time a President ignored a Supreme Court decision 

  • Cherokee Indians were still kicked off of their reservation with the “Trail of Tears” 

4. Dred Scott v. Sandford 

• 1857 - The U.S Constitution did not extend American citizenship to people of black African descent, and therefore could not enjoy the same rights as U.S citizens 

• Slave owners had the right to retrieve their “property” from other states if the slaves escaped 

5. Near v. Minnesota 

• 1931 - prior restraint on publications was found to violate the freedom of speech established by the 1st Amendment 

• The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution (as applied through the Fourteenth Amendment)

6. Gibbons v. Ogden 

• 1824 - Federal government has the power to regulate interstate commerce, not the states 

7. Mapp v. Ohio 

• 1961 - Evidence that was obtained illegally cannot be used in trial as it violates the fourth amendment, and applies to both federal and state governments 

8. Miller v. California 

• 1973 - clarified the legal definition of obscenity as material that lacks "serious literary, artistic, political, or scientific value"

• States determine what material is considered to be obscene 

9. Nixon v. USA 

• 1993 - determined that a question of whether the Senate had properly tried an impeachment was political in nature and could not be resolved in the courts if there was no applicable judicial standard

10. Roe v. Wade 

• 1973 - Determined that the Constitution protected Women’s right to an abortion 

11. Obergefell v. Hodges 

• 2015 - Same-sex marriages are protected by the Due Process Clause and Equal Protection clause of the 14th Amendment 

12. Dobbs v. Jackson 

• 2022 - Abortion is not protected by the Constitution

• Overturned Roe v. Wade 

13. Gideon v. Wainwright 

• 1963 - The sixth amendment of the U.S Constitution requires states to provide criminal defendants with an attorney if they’re unable to afford one 

14. Miranda v. Arizona 

• 1966 - Law enforcement must inform someone of their Constitutional rights before interrogating them, or else any information gained cannot be used in trial 

15. Miller v. Alabama 

• 2012 - Mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders 

16. Roper v. Simmons 

• 2005 - Unconstitutional to impose capital punishment for crimes committed by those under the age of 18. 

17. Gregg v. Georgia 

• 1976 - Reaffirmed the Supreme Court's acceptance of the use of the death penalty 

18. Tinker v. Des Moines 

• 1969 - You can dress and say whatever you want in school as long as it doesn’t distract from education 

19. Masterpiece CakeShop v. Colorado 

• 2018 - Private businesses may refuse service to others based off of personal religious beliefs 

20. Brown v. Board of Education (1954) 

• In public education, the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal. 

21. Schenck v. US

•  1919 - concluded that Charles Schenck, who distributed flyers to draft-age men urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense.

• Established “clear and present danger” which made it so that speech that incites violence or posed some risk to the public or nation is not protected by the First Amendment 

22. Bethel v. Fraser 

• 1986 - Schools have the right to suppress student speech that is considered lewd or indecent, even if not obscene, in the interest of preserving a safe educational environment 

23. Regents of Cal Berkeley v. Bakke 

• 1978 - Race can be a factor for admission to college but it cannot be the sole factor 

• Allowed for “affirmative action” to continue 

24. Plessy v. Furguson 

• 1896 - separate but equal. Up to the States to enforce equality - allowed Jim Crow Laws to continue 

25. Engel v. Vitale 

• 1962 - unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, due to violation of the First Amendment 

26. NY Times v. Sullivan

• 1964 - the freedom of speech protections in the First Amendment to the U.S. Constitution restrict the ability of public officials to sue for defamation

27. Loving v. Virginia 

• 1967 - Laws banning interracial marriage violate the Equal Protection and Due Process Clauses of the 14th Amendment 

28. Brandenburg v. Ohio 

• 1969 - the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action"

29. Buckley v. Valeo 

• 1976 - Ruled that the Federal Election Campaign Act of 1971, which limited election expenditures was unconstitutional

30. Texas v. Johnson 

• 1989 - Burning of the American flag is protected by the 1st Amendment, as doing so is considered symbolic speech and political speech 

31. Citizens United v. FEC 

• 2010 - the freedom of speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, nonprofit organizations, labor unions, and other associations. 

Amendments - know the time frame of each amendment

Amendment 1: 

• Freedom of speech (freedom of press, and still can’t promote violence and hate speech), assembly (peaceful protests), expression (can dress however you want), petition (ask for change) and religion 

Amendment 2: 

• Intent: having a well regulated militia which is necessary to the security of a free state and the right for people to keep and bear arms 

Amendment 3: 

• Forbids the housing of military personal without the consent of the owner 

Amendment 4: 

• Right to avoid unreasonable searches and seizures and no warrents can be issued without probable cause 

• Matt v. Ohio - must get a search warrant to enter a house 

Amendment 5: 

• Protection against self-incrimination. You can’t testify against yourself. Double jeopardy, you con’t be put through trial more then once for the same crime. eminent domain, you must be compensated when the government takes your property.  

  • Miranda v. Arizona - due process of law 

Amendment 6:

• Right to a fair, public (doesn’t necessarily mean it’s open to the public/press) and speedy trial (you wave this right if the crime is horrific) with a jury of your peers. Right to face your acccusers in the court of law. 

Amendment 7:

• Right to a jury trial for a lawsuit. 

Amendment 8:

• No excessive bails or fines, and no cruel or unusual punishment.

  • Roper v. Simmons 

  • Miller v. Alabama

Amendment 9:

• All the rights not listed in the constitution belong to the people not the government 

Amendment 10:  

• States have the power to enact any law that benefits the state unless a federal law prohibits it 

  • Article 6 - supremacy clause - federal law > state law 

Amendment 11: 

• We have the right to sue our states without it being held in federal court 

Amendment 12: 

• The president and vice president are elected on the same ballot 

Amendment 13: 

• Abolishing slavery 

Amendment 14:

• Equitable due process of law no matter who you are 

  • We’re all given the same rights 

  • Brought equal protection to the federal government 

Amendment 15:

• Right to vote shall not be denied based off of race, color, or previous condition of servitude 

Amendment 16: 

• Right for the government to implement an income tax 

Amendment 17:

• Direct election of U.S senators 

Amendment 18:

• (Prohibition) - Prohibited the making, transporting and selling of alcoholic beverages 

Amendment 19:

• Women get the right to vote 

  • Lucy Burns 

  • Susan B. Anthony 

  • Sandra Day O’Connor - first female Supreme Court Justice 

Amendment 20: 

• The president is sworn in on January 20th after the election year 

Amendment 21:

• Cancelled prohibition 

Amendment 22:

• President get two terms in office or up to 10 years 

Amendment 23:

• Washington D.C gets 3 electoral votes 

Amendment 24:

• No poll taxes for a citizen to participate in an election  

Amendment 25:

• The succession of power 

  • President → Vice President → Speaker of the House 

Amendment 26: 

• 18 year olds have the right to vote 

Amendment 27: 

• If the house and senate want a pay raise they have to vote on it