Foundational Documents/Court Cases/Const. Clauses Flashcards
LINK https://www.albert.io/blog/key-supreme-court-cases-ap-us-government-crash-course/
Marbury v. Madison
1803, establishes judicial review (allows court to review constitutionality of a law)
landmark case
McCulloch v. Maryland
Congress made 2nd bank, state tried to tax it, baker refused to pay tax
1819, expands federal implied powers, Congress can make National bank (necessary and proper clause)
landmark case
Schenck v. United States
socialist distrib. papers telling people to disobey the draft during wartime
1919, allows limits to speech based on “clear and present danger” principle
first amendment
Brown v. Board of Education of Topeka
African Americans denied some all white public schools, state said legal bc of “separate but equal” doctrine
1954, overturned plessy v. Ferguson, separate is not equal, schools must integrate
fourteenth amendment, equal protection clause
Baker v. Carr
state apportioned in way that ignored population changes
1961, Holds the court may intervene in appointment cases and that every citizen’s vote carries equal weight
fourteenth amendment, equal protection
Engel v. Vitale
1962, Says that there can be no school-led prayer in public schools
first amendment, establishment clause
Gideon v. Wainwright
1963, Requires that states provide defendants with attorneys in state courts
sixth amendment, right to counsel
Tinker v. Des Moines
kids wear armbands protesting Vietnam war in school, get in trouble
1969, Vietnam armband protest, recognizes and protects symbolic speech in schools
first amendment
New York Times Company v. United States
US tried to censor article about Vietnam activities, cited national security issues
1971, Limits prior restraint of the press, can’t always be censored by gov
first amendment
Wisconsin v. Yoder
Amish parents protest state law requiring kids to go to school up tp 16 bc of religion
1972, amish kids can’t be forced to go to school after 8th grade, against religion
first amendment
Roe v. Wade
woman protested not being able to get an abortion in Texas, multiple violations of constitution
1973, Establishes a woman’s right to an abortion under specific circumstances
landmark (14th amendment, due process clause)
Shaw v. Reno
state denied reapportioning bc only had black majority, people claimed it was to get more black reps. elected
1993, race can’t be sole basis of apportioning districts (gerrymandering)
fourteenth amendment, equal protection
United States v. Lopez
1995, congress overstepped powers to regulate commerce w/preventing guns on school grounds, overturned
landmark
McDonald v. Chicago
suits filed to challenge Chicago gun bans after precedent in different case
2010, Incorporated the 2nd Amendment right to bear arms to the states
2nd amendment
Citizens United v. Federal Election Commission
PAC argued restriction of them releasing Hilary movie
2010, Removed campaign contribution limits for business and unions
first amendment
Miranda v. Arizona
subjects confessed through interrogation techniques, not informed of fifth amendment rights
1966, Says that police must explain the rights of the accused at the time of arrest
fifth amendment
The Declaration of Independence
enlightenment ideals, natural rights (John Locker, rights that gov can’t take away) consent of governed (Rousseau, popular sovereignty where people must agree to gov, social contract where people give up some freedom for gov protection)
Articles of Confederation
- confederation of US, only had legislative branch
- states have more power/militia/currencies, AoC can’t raise funds/army
- needed unanimity for amendments, 9/13 for laws
Constitution
Article 1 (legislative, necessary and proper clause, powers of Congress), Article 2 (executive, electoral college), Article 3 (judicial), Article 4 (state-fed relations), Articles 5/7 (proposing/ratifying amendments), Article 6 (supremacy clause)
Federalist 10
- written by James Madison, rep. style gov. will protect minority
- US too big for one faction to unite over others
- factions will compete against each other, no one will get power
Brutus 1
- anti-fed papers, necessary and proper/supremacy clause will nullify states’ laws, taxation will make people not want state taxes
- proposed constitution gives too much power to federal govt
- can’t happen on land as large as US bc reps. can’t know all citizens’ interests
Federalist 51
- written by James Madison, ambition must counteract ambition
- how checks and balances can be created
- importance of separation of powers
- federalism will further create checks/balances
Federalist 70
-written by Alexander Hamilton, wants strong unitary executive
- best way for exec. to act quickly in crisis
- one person can clearly be blamed if exec. becomes corrupt/screws up
Federalist 78
- written by Alexander Hamilton, wants independent judicial system
- life terms for judges, prevents them from being swayed by parties/constituents
- judicial not more powerful than legislative, just checks it by declaring laws unconstitutional
Letter From a Birmingham Jail
- how equal protection clause supported civiil rights
- silence of good people is worse than action of bad people
- civil disobedience is an appropriate response to injustice, raises the stakes
commerce clause
Congress can regulate commerce between states, in article 1
due process clause
started selective incorporation (applies bill of rights on case by case basis to states), in 14th amendment
elastic clause/necessary and proper clause
Congress can pass any laws needed to carry out its expressed powers (implied powers), in article 1
establishment clause
forbids government from establishing a religion that everyone must follow, in 1st amendment
free exercise clause
government cannot prohibit free exercise of religion, can regulate to some degree, in 1st amendment
equal protection clause
everyone has equal protection under the law, in 14th amendment, used for many civil rights cases
full faith and credit clause
each state must honor the laws and court decisions of every other state, in article 4
supremacy clause
establishes hierarchy of the laws, constitution is highest law, then federal, then state, in article 4
