court cases and ammendments Flashcards
McCulloch v. MD (1819)
Federalism - Unanimously, The court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government –> states cant control the federal government the federal government controls them
US v. Lopez (1995)
The US Gov (FBI) did not have the right to charge Lopez with a federal crime because the law was passed under the commerce clause despite having nothing to do with it
Engel v. Vitale (1962)
Freedom of religion: Nondenominational prayer at the start of a school day violates the first amendment as it implies New York officially approves religion –> start of a clause to eliminate religious activities in public settings
Wisconsin v. Yoder (1972)
Freedom of religion(:) outweighs the state’s want for students to attend school after eighth grade
Tinker v. Des Moines (1969)
Freedom of speech: Students still have their first amendment rights at school and school officials cannot stop students from voicing them without a valid reason like an active threat
Schenck v. US (1919)
Freedom of speech: depending on the time and political climate circumstances can be interpreted differently. In times of war opposition to the draft may be seen as unconstitutional while in times of peace, it is a part of the first amendment right.
NY Times v. US (1971)
freedom of press: The us gov (Nixon) could not prevent NY times and Washington post from reporting on us war activities because they did not actually threaten US security
Gideon v. Wainwright (1963)
Rights of the accused: States must provide counsel to all who need them under the 6 and 14 amendments
McDonald v. Chicago (2010
Right to bear arms: Chicago’s gun restrictions violate a citizen’s right to bear arms and the fourteenth amendment –> selective incorporation federal protection passed down to state protection all states had to rewrite similar laws
Brown v. Board of Ed. (1954)
Equal protection: segregation is in violation of the 14th amendment
Citizens United v. FEC (2010)
campaign contributions: limitations put upon corporations to run political advertisements were in violation of the first amendment because corporations are protected as a group of individuals
Baker v. Carr (1962)
Voting rights: the court can rule on redistricting because it has to do with equal protection under the law (14th amendment)
Shaw v. Reno (1993)
voting rights: states cannot make a district to secure one racial group a representative as separating people by race violates the 14th amendment
Marbury v. Madison (1803)
Judicial review: when a law conflicts with the constitution the law is invalid
Morse v. Frederick (2007)
Connected to tinker v. des Moines
“bong hits for Jesus” protect schools right to protect students from drug use
DC. v. Heller (2008)
connected to mcdonald v. chicago
retrictive gun ownership laws in DC were unconstitutional but it only applied to federal territory
Supreme Court has implied powers derived from those listed in Article 1, Section 8
McCulloch v. Maryland (1819) Necessary and proper clause”
Checked Congress
Federalism: US v. LOPEZ (1995) –> congress over-stepped their power by passing a law under the commerce clause that had nothing to do with it
Black arm bands and the Vietnam war
Tinker v Des Moines (1969)
Is it fair for those with the most money (big corporations) to dictate the outcome of elections?
yes. Citizen’s united –> money=speech= those with most money=most speech
States must apportion one vote per person in other words their has to be a proportional amount of representation to a district based on population
baker v carr: states had to redraw districts and supreme court was now involved in certain cases that involved politics
