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British colonies formed an alliance with 6 Native American nations -
Rule of man to rule of law
Outlined individual rights that king couldn't violate -
18th century - 1601 through 1800
Framers of the U.S. Constitution believed in people’s natural rights to life, liberty, and property. -
Early experiments of Governance -
Required monarchs to obtain Parliamentary approval before new taxes
No unlawful imprisonment -
Charles was defeated and beheaded
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Plymouth, Connecticut, Massachusetts Bay, and New Haven colonies formed to defend against threats from Native Americans and Dutch colonists -
Guaranteed free speech and protection from cruel and unusual punishment -
Reps. appointed by Colonial assemblies and a president general appointed by the king
Became basis for Constitution -
Belief that people form government to protect rights
Philosophers John Locke and Jean-Jacques Rousseau were important contributors to the idea -
A Grand Jury must be used for all felony cases
Citizens cannot be tried twice for the same crime
Citizens cannot be forced to testify against themselves (Ex: "Are you guilty?")
All cases against a citizen must be resolved through due process
Private property may not be taken by the government without compensation -
John Fenno -
1789-1933
Both state and national governments were equal authorities operating within their own spheres of influence
Strict reading
National government only had powers listed in Constitution -
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." -
The First Amendment
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Religious Freedom
"Congress shall make no law respecting an establishment of religion..." -
Established a Three-tiered Judicial Structure
1. District courts
2. Circuit courts
3. Supreme Court -
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power of judicial review
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12th amendment allows the President to choose V.P.
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Maryland taxed the national bank
Court ruled bank was necessary and proper -
Right of a state legislature to award a monopoly to operate a steamship line between NY and NJ
Court said only Congress has the right to regulate commerce between states -
After 1824, Democratic-Republican party split into today’s two major parties—Democrats, Republicans -
First national woman's rights convention in the US
Called for equal rights in voting, education, and property -
Dred Scott
Slave who sued for his and his family's freedom after being taken to a free state
Court said that Scott, as an African-American and previously property, was not a citizen
Gave him no legal standing to sue
Called the “greatest disaster” of the Supreme Court
Reconstruction Through the End of the Century (1865-1899)
Supreme Court during this time narrowly interpreted the 13th-15th amendments -
Established equal protection under the law
The 14th amendment was intended to protect the rights of former slaves.
Continues to act as a check against gov't discrimination -
Granted large tracts of land to states; states sold land and used the money for colleges
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Railroads, telegraph, and new machinery changed the US
Population of US doubled between 1870 and 1916
Government passed legislation to reform social conditions and business practices
The Sherman Antitrust Act prevented monopolies.
FDR’s New Deal expanded the government’s power. -
Ruled segregation was legal as long as the facilities were equal
“Separate but equal” doctrine -
gave Congress authority to set a federal income tax
The main source of US income -
Direct election of Senators
Six-year terms that are staggered on even years
Approx. 1/3 of Senate up for election every other year
Prevents major changes in representation -
Historically, women were denied property and custody rights.
Women were not guaranteed the right to serve on a jury until the Civil Rights act of 1957.
State laws were not updated to reflect this change until 1973. -
became the first form of electronic media -
N. Americans were granted citizenship in 1924 -
Total number of Reps fixed by law at 435 -
States and national governments worked together to deal with the Great Depression
Many cases about FDR's New Deal reached the Supreme Court.
1930 - 1963 -
Upheld Fair Labor Standards Act; Commerce Clause allows Congress to regulate employment conditions -
FDR required all people of Japanese descent on the West Coast to report to "War Relocation Centers" (internment camps)
120,000 left their homes and businesses and 80,000 remained in camps until the war was over.
Korematsu v. United States (1944) upheld this order. -
Upheld involuntary internment of ethnically Japanese American citizens
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Coordinates national security policy
Brings together the top military, foreign affairs, and intelligence officials in the administration -
replaced radio as most influential electronic media
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Ruled segregation is illegal
"Separate is inherently unequal" -
1963 - 75
Equal Pay Act of 1963: Established equal pay for men and women
Title IX banned discrimination against women in education (schools/colleges)
Equal Credit Opportunity Act of 1975 prohibited banks, stores, and other businesses from preventing women from getting loans or credit.
No segregation
Indian Self-Determination and Education Assistance Act of 1975 allowed Native American Groups to control federally funded programs in their communities -
187 African-American students gathered at the state capitol to protest racial injustice
Students did not end the protest when police told them to and were arrested.
Court said the state had no authority to disperse the students, as they were protesting legally. -
(LBJ, 1963-1980s)
Government program to eliminate poverty and social inequality
Johnson created creative federalism, which released national funds to achieve national goals. -
Outlaws discrimination based on race, color, religion, sex, or national origin.
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Expanded rights of people accused of crimes
Miranda rights -
Struck down all state laws banning interracial marriage -
Protects applicants and employees of 40+ years old from discrimination based on age in hiring, promotion, discharge, compensation, privileges, etc. of employment.
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Schools couldn’t prevent students from protesting the Vietnam War
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"A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." -
"No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."
In Modern Law
Largely forgotten
Never the subject of a court case
Not incorporated into 14th amendment -
President must consult with Congress before sending troops
Congress can force the president to end use of military with a concurrent resolution -
Returned some authority to state governments
Ronald Reagan believed state governments could better provide services to the people
Cut national grant money and relaxed national requirements -
Prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
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Less than 65% of eligible voters have voted in each presidential election since 1996.
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Congress gave states the authority to manage welfare systems with block grants
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Reorganization of agencies already in place
Law enforcement
Border security
Transportation
TSA (Transportation Security Administration)
Immigration
CBP (Customs and Border Protection)
Secret Service
Coast Guard -
Ruled the 2nd Amendment protects an individual's right to keep and bear arms for self-defense -
Ruled states must grant and recognize same-sex marriage
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Internet has changed mass media: 1 in 3 people regularly get news online