Foundational Documents Flashcards

1
Q

McCulloch v Maryland

A

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

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2
Q

US v Lopez

A

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

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3
Q

Marbury v Madison

A

A Supreme
Court decision that establishes judicial review
over federal laws.
1803

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4
Q

Scheck v US

A

1919
Espionage Act, Libel,
Unprotected speech, no shouting fire in a movie theatre
CLEAR AND PRESENT DANGER

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5
Q

Brown v Board

A
1954
overrule plessy v ferguson
equal protection clause
14th amendment
desegregated schools
ended segregation
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6
Q

Baker v Carr

A
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
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7
Q

Engel v Vitale

A

ANGEL v vitale
establishment clause 1st amendment
unconstitutional for schools to lead in public prayer

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8
Q

Gideon v Wainright

A

1963

right to an attorney at state level

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9
Q

Tinker v Des Moines Independent community school district

A

1969
Vietnam war
students
1st amendment freedom of speech protects symbolic speech and students rights at school

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10
Q

NY Times Co v US

A
1971
Pentagon Papers
Vietnam
freedom of the press
protects against prior restraint
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11
Q

Wisconsin v Yoder

A

1972
Free exercise 1st amendment clause
Amish

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12
Q

Roe v Wade

A

Due process clause of 14th amendment and right to privacy implied by bill of rights
abortion rights
1973

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13
Q

Shaw v Reno

A

R = RACE
Voters may challenge a district under equal protection clause
cant divide districts just by race
suspicious highway district

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14
Q

McDonald v City of Chicago

A

2010
states and local govts cant infringe on 2nd amendment
selective incorporation

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15
Q

Citizens United v FEC

A

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

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16
Q

Article I

A

Legislative Branch

17
Q

Article II

A

Executive branch

18
Q

Article III

A

Judicial Branch

19
Q

Fed 10

A

factions, large republic, madison

20
Q

Brutus 1

A

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

21
Q

Fed 47

A

Checks and balances (protects citizens liberties)

22
Q

Fed 48

A

Legislative, Executive and judical branch must overlap/not be totally divided.
Control over each other

23
Q

Fed 51

A

Checks and Balances, separation of powers, bicameral legislature, federalism, factions (more less likely to dominate)

24
Q

Birmingham Jail

A

MLK
Civil Disobedience
14th amendment equal protection clause
produced social movements (not just black)

25
Q

Fed 70

A

Strong unitary executive, make quicker decisions, no blame shifting

26
Q

Federalist 78

A

Judicial review, supreme court