Foundational Documents Flashcards
McCulloch v Maryland
Ruled that Congress has implied powers necessary to implement its enumerated powers
and established supremacy of the U.S. Constitution and federal laws over states laws.
1819
US v Lopez
Ruled that Congress may not use the commerce clause to make possession of a gun in a
school zone a federal crime, introducing a new phase of federalism that recognized the
importance of state sovereignty and local control.
1995
Marbury v Madison
A Supreme
Court decision that establishes judicial review
over federal laws.
1803
Scheck v US
1919
Espionage Act, Libel,
Unprotected speech, no shouting fire in a movie theatre
CLEAR AND PRESENT DANGER
Brown v Board
1954 overrule plessy v ferguson equal protection clause 14th amendment desegregated schools ended segregation
Baker v Carr
1962 One person one vote old tenessee census census must be redrawn every 10 years fed courts can hear redrawing of voting districts in states
Engel v Vitale
ANGEL v vitale
establishment clause 1st amendment
unconstitutional for schools to lead in public prayer
Gideon v Wainright
1963
right to an attorney at state level
Tinker v Des Moines Independent community school district
1969
Vietnam war
students
1st amendment freedom of speech protects symbolic speech and students rights at school
NY Times Co v US
1971 Pentagon Papers Vietnam freedom of the press protects against prior restraint
Wisconsin v Yoder
1972
Free exercise 1st amendment clause
Amish
Roe v Wade
Due process clause of 14th amendment and right to privacy implied by bill of rights
abortion rights
1973
Shaw v Reno
R = RACE
Voters may challenge a district under equal protection clause
cant divide districts just by race
suspicious highway district
McDonald v City of Chicago
2010
states and local govts cant infringe on 2nd amendment
selective incorporation
Citizens United v FEC
Freed labor unions and corps to spend money on ads and to direction advocate for the election or defeat of candidates
NO LIMIT ON DONATIONS
CAN PLAY ADS DURING 60d before election
Article I
Legislative Branch
Article II
Executive branch
Article III
Judicial Branch
Fed 10
factions, large republic, madison
Brutus 1
disliked necessary and proper and supremacy clauses
Main concern was that fed gov would overpower states (legislature and taxation) and they would be unable to fund themselves and their courts would be meaningless
confederacy better than republic
participatory democracy
Fed 47
Checks and balances (protects citizens liberties)
Fed 48
Legislative, Executive and judical branch must overlap/not be totally divided.
Control over each other
Fed 51
Checks and Balances, separation of powers, bicameral legislature, federalism, factions (more less likely to dominate)
Birmingham Jail
MLK
Civil Disobedience
14th amendment equal protection clause
produced social movements (not just black)
Fed 70
Strong unitary executive, make quicker decisions, no blame shifting
Federalist 78
Judicial review, supreme court