required docs and cases Flashcards
1
Q
declaration of independence
A
- natural rights
- popular sovereignty
- consent of the governed
2
Q
articles
A
- states were sovereign
- congress could not tax, raise an army, or deal with interstate commerce
- only legislature
3
Q
constitution
A
- Separation of powers
- Checks and balances
- Federalism
- largerepublic
- Limited government
- Bill of Rights and Amendments
4
Q
federalist 10
A
large republic are best to deal with factions and protect the minority from the majority
don’t eliminate factions but deal with their negative effects by controlling tyranny of the majority
5
Q
brutus 1
A
- usa is too large for a republic to work: need a small republic
- power to tax and elastic clause are bad and give too much power
6
Q
federalist 51
A
- limited government
- checks and balances
- separation of powers
7
Q
federalist 70
A
unitary, strong executive
8
Q
federalist 78
A
- judiciary
- life tenure
- independent
- judicial review
9
Q
mcculloch v maryland
A
- national bank recharted
- states try to tax it
- court rules that states cannot tax national gov entities
- constitution is supreme law of the land
- federal gov trumps states (supremacy clause)
- congress can make the bank bc of the necessary and proper clause
10
Q
US v Lopez
A
- student brings gun to schools and breaks federal law (made law because they claimed it impacted interstate commerce)
- court has to decide if it is up to the federal government to regulate guns in schools
- rule that this is a state issues and rules the original law unconstitutional
- heavily regulated commerce clause
11
Q
Baker v Carr
A
- Tennessee voting districts were whack and they didn’t feel like re apportioning even though some votes were unequal to others
- court rules that reapportionment matters are able to be handled in federal court
- equal protection clause and congressional representation
12
Q
shaw v reno
A
- NC drew a weird district to intentionally represent black representation
- ruled this unconstitutional and claimed that the constitution is colorblind: race cannot play a role here
- equal protection clause
13
Q
Marbury v madison
A
- sets up judicial review bc court overturns a previous law
14
Q
engel v vitale
A
- public school prayer ruled unconstitutional due to establishment clause
15
Q
Wisconsin v yoder
A
- amish family chooses not to send their kids to school after certain age
- court rules that the government cannot force these children to go to school under the free exercise clause
