Required Documents Flashcards
Enumerated powers
Powers of the federal government that are listed explicitly in the Constitution.
For example, Article I, Section 8, specifically gives Congress the power to coin money and regulate its value and to impose taxes.
implied powers
Powers of the federal government that go beyond those enumerated in the Constitution, in accordance with the statement in the Constitution that Congress has the power to “make all laws necessary and proper for carrying into execution” the powers enumerated in Article 1.
dual federalism
A system of goverment in which the states and the national government each remain supreme within their own spheres, each with different powers and policy responsibilties.
cooperative federalism
A system of government in which states and the national government share powers and policy assignments.
devolution
Transferring responsibility for policies from the federal government to state and local governments.
fiscal federalism
The pattern of spending, taxing, and providing grants in the federal system
categorical grants
Federal grants that can be used only for specific purposes, or categories, of state and local spending. They come with strings attached, such as nondis-crimination provisions.
project grants
Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications.
formula grants
Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.
block grants
Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services.
McCuloh V Maryland
Issue: Can Congress create a bank? Can a state tax it?
Ruling: Yes to the bank, no to the tax.
Winner: McCulloch (national government)
Impact: Expanded federal power using the elastic and supremacy clauses.
Schneck V United States
Issue: Is anti-draft speech protected by the 1st Amendment?
Ruling: No – speech causing a “clear and present danger” isn’t protected.
Winner: United States
Impact: Limited free speech during wartime
Brown V Board of education
Issue: Is school segregation legal?
Ruling: No – it’s unconstitutional.
Winner: Brown
Impact: Ended “separate but equal” in public schools.
Baker V Carr
Issue: Can courts review redistricting cases?
Ruling: Yes – it’s not just a political issue.
Winner: Baker
Impact: Allowed courts to decide redistricting fairness.
Engel V Vitale
Issue: Is school-sponsored prayer constitutional?
Ruling: No – it violates the Establishment Clause.
Winner: Engel (the families)
Impact: Banned school-led prayer.
Gideon V Wainwright
Issue: Do poor defendants have a right to a lawyer?
Ruling: Yes – it’s part of a fair trial.
Winner: Gideon
Impact: Guaranteed right to a lawyer in criminal cases.
Tinker V Des moines
Issue: Can schools ban peaceful student protests?
Ruling: No – students have free speech rights.
Winner: Tinker (students)
Impact: Protected symbolic speech in schools.
New York Times V U.S
Issue: Can the government stop newspapers from publishing classified info?
Ruling: No – unless it poses serious harm.
Winner: New York Times
Impact: Strong protection against government censorship.
Wisconsin V Yoder
Issue: Can Amish families skip school for religious reasons?
Ruling: Yes – religious freedom wins here.
Winner: Yoder (Amish families)
Impact: Strengthened the Free Exercise Clause.
Shaw V Reno
Issue: Can race be the main reason for drawing voting districts?
Ruling: No – violates equal protection.
Winner: Shaw (white voters)
Impact: Limited race-based redistricting.
U.S V Lopez
Issue: Can Congress ban guns near schools under the Commerce Clause?
Ruling: No – that power goes too far.
Winner: Lopez
Impact: Limited federal power under the Commerce Clause.
Mcdonald V Chicago
Issue: Does the 2nd Amendment apply to states?
Ruling: Yes – through the 14th Amendment.
Winner: McDonald
Impact: Extended gun rights to state and local levels.
Citzens unitd v FEC
Issue: Can the government limit corporate political spending?
Ruling: No – it’s protected speech.
Winner: Citizens United
Impact: Led to rise of Super PACs and unlimited campaign spending by groups.
Marbury V Madison
Issue: Can the Supreme Court force delivery of a judge’s appointment?
Ruling: No – the Court said the law allowing that was unconstitutional.
Winner: Madison
Impact: Established judicial review (courts can strike down unconstitutional laws).
