US Constitution: Amendments and Federalism

Posted on Jan 26, 2025 in Applied Sociology

The US Constitution: Amendments and Key Cases

First Amendment

Congress shall make no law respecting the 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.

Landmark Supreme Court Cases Related to the First Amendment

  • Everson v. Board of Education: Provided public busing for students.
  • Board v. Allen: Child benefit more than school; child benefit theory.
  • Engel v. Vitale: New York State Board of Regents; no prayer, outlawed nondenominational.
  • Wallace v. Jaffree: Alabama; moment of silence unconstitutional.
  • Tilton v. Richardson: Less restriction at state funding towards church-related institutions.
  • Reynolds v. US: Practices in religious beliefs cannot violate the Constitution.
  • Oregon v. Smith: Cannot violate state drug laws as part of a ceremony.
  • Lynch v. Donnelly: City can display nativity scene, but also non-religious symbols.
  • Marsh v. Chambers: Congress and state legislatures can open with prayer.
  • Epperson v. Arkansas: State cannot forbid the teaching of evolution.
  • Edwards v. Aguillard: Overturned state law requiring public schools to teach creationism.
  • Walz v. NYC Tax Commission: Tax-exempt status for churches is constitutional.
  • Miller v. California: Defines obscenity.
  • Near v. Minnesota: No prior restraint.
  • Branzburg v. Hayes: No confidentiality for reporters; must respond in court.
  • Tinker v. Des Moines Independent Community School District: Schools cannot suspend students for symbolic speech during the learning process.
  • Schenck v. US: Words can be outlawed if they bring about criminal actions.

Constitutional Amendments

  • Amendment 1: Freedom of religion, speech, press, assembly, and petition.
  • Amendment 2: Right to bear arms.
  • Amendment 3: No one may be forced to house soldiers.
  • Amendment 4: Protects against unreasonable search and seizure.
  • Amendment 5: Rights of the criminally accused (no double jeopardy, no self-incrimination, due process of the law, eminent domain).
  • Amendment 6: Rights to a speedy trial by jury.
  • Amendment 7: Rights to a jury trial in civil cases.
  • Amendment 8: No excessive bail, no cruel and unusual punishment.
  • Amendment 9: People have other basic rights not listed in the Constitution.
  • Amendment 10: Powers not given to the federal government are left for the states.
  • Amendment 11: Federal courts do not have jurisdiction in cases against a state.
  • Amendment 12: Provides for separate elections for president and vice president.
  • Amendment 13: Abolishes slavery.
  • Amendment 14: Provides equality for all citizens.
  • Amendment 15: All males have the right to vote.
  • Amendment 16: Congress has the power to pass direct taxes, such as income tax.
  • Amendment 17: Senators are to be elected by the voters in their state.
  • Amendment 18: Alcoholic beverages are illegal (prohibited).
  • Amendment 19: Gives women the right to vote.
  • Amendment 20: Office begins in January.
  • Amendment 21: Selling and drinking of alcoholic beverages is made legal.
  • Amendment 22: Presidents can serve no more than two terms or a total of 10 years.
  • Amendment 23: Washington, D.C. is allowed presidential Electoral College votes.
  • Amendment 24: Eliminates poll tax (no required payment needed to vote).
  • Amendment 25: Presidential succession; if the Vice President dies.
  • Amendment 26: Lowers voting age from 21 to 18.
  • Amendment 27: Congressional pay raise doesn’t go into effect until the new term.

Federalism and the Constitution

Federalism: Distribution of powers.

Articles 1-3: Legislative, Executive, Judicial.

Article 4: States.

Article 5: Amendment process.

Article 6: Oath; Supremacy Clause – Constitution is above all.

Article 7: Ratification of the Constitution.

Commerce Clause: Congress regulates federal trade.

Concurrent Powers: State and federal powers.

Adding New States

  1. Area applies.
  2. Enabling act.
  3. Constitutional convention.
  4. Proposed constitution approved by popular vote.
  5. Submit to Congress.
  6. Act of admission.

Key Cases on Federalism

  • Coyle v. Smith: Congress cannot decide a state capital.
  • Williams v. North Carolina: Divorce.