consists of the first 10 amendments to the constitution
Article II of the Constitution
vests the executive power in a President of the United States
The "Supremacy Clause" found in Article VI of the Constitution
declares the Constitution and the laws of the United States to be the supreme law of the land
The first amendment stages, in part, that
Congress shall make no law respecting an establishment of religion
The "necessary and proper clause"
allows Congress to make all laws necessary and proper for carrying out enumerated legislative powers
The Declaration of Independence
declared that governments were instituted to protects rights
The Articles of Confederation
gave each state one vote in Congress
The anti-Federalists
opposed the new Constitution
Federalist # 10
argued that the multiplicity of interests and opinions in a large republic would lead to greater freedom than in a small republic
The Constitutional Convention was called
by those who wanted to create a more powerful and effective government than the one established by the Articles of Confederation
The doctrine of selective incorporation
applied some of the protections of the Bill of Rights to the state governments
The 14th Amendment to the Constitution
declared that no state shall deny its citizens the equal protection of laws
Although the Supreme Court first presented the "high wall of separation" doctrine in the 1947 case of Everson v Ewing Township Board of Education, it
it allowed for the funding of transportation to religious schools
In United States v. Lopez the Supreme Court declared the Gun Free School Zones Act which made it a federal crime to possess a dun in a school zone to be unconstitutional because
the activity regulated was the related to interstate commerce and therefore could not be regulated by Congress
In Mapp v. Ohio the Supreme Court applied the exclusionary rule to state criminal cases claiming that
evidence from an illegal search of Mapp's home should be excluded from her trial
The Supreme Court
rules on the constitutionality of a law only when it is necessary to decide a particular legal case or controversy
The clear and present danger test has been used in cases involving
1st Amendment free speech cases
judges who believe in judicial restraint
would tend to defer to the laws passed by the legislature
Under a "rational basis" test
the Court would use strict sructiny
A justice who believes in original intention
would be guided in his or her decisions by what the authors of the Constitution intended