gov
26th amendment
Reserves the right for citizens 18 and older to vote.
article IV
states (full faith and credit)
fed 51
separation of powers through checks and balances
schenk v United States
freedom of speech
Schenck handed out anti-draft pamphlets during WWI and was not protected under the 1st Amendment. The pamphlets presented a “clear and present danger” and therefore they could be limited
dangerous to US, made clear and present danger test
tinker v Des Moines
freedom of speech
Tinker and others wore an armband to school as a protest. Court ruled that students do not “shed their constitutional rights” at the school gate and the school preventing the armbands in unconstitutional
Students have the right to protest with armbands - its non-disruptive
27th amendment
Denies any laws that vary the salaries of Congress members until the beginning of the next terms of office for Representatives.
article V
amendment process (2/3 vote both houses, 3/4 votes by states)
fed 70
single executive over a multiple person executive- one president can act quickly as opposed to more than one
brown v board of ed
equal protection clause
Ruled that racially segregated schools violated the Equal Protection Clause. Reversed the “separate but equal” doctrine established in Plessy v. Ferguson
racial segregation is unconstitutional
nyt v United States
freedom of press
Government can almost never use “prior restraint”. Newspapers can publish classified documents without risk of censorship or punishment (Pentagon Papers). Prevention of this would violate 1st amendment
did not threaten national security
article I
legislative branch (commerce clause, enumerated powers, necessary and proper (elastic) clause)
article VI
debts, supremacy, oaths (supremacy clause)
fed 78
life terms for justices with good behavior, and judicial review
Baker v carr
shaw v reno
equal protection clause
Redistricting issues present justiciable questions - federal courts can intervene to decide. State legislative districts must be as equal as possible
one man, one vote doctrine
equal protection clause
Involves gerrymandering and redistricting based on race. This is held to the strict scrutiny standard under the equal protection clause. Racial gerrymandering is unconstitutional and race cannot be the sole or predominant factor
cannot use race as a way to apportion state lines
wisconsin v yoder
free exercise clause
Amish community wanted to pull students out of school before the age of 16 so they could farm and do domestic work. Court held it as unconstitutional because freedom of religion outweighs the state’s interest in education
cant make them stay past 8th grade
article II
executive branch
article VII
ratification
mculloch v maryland
supremacy clause
Congress can use implied powers, fed laws are supreme over the state, Maryland cannot interfere with or tax stuff from fed gov
engel v vitale
establishment clause
School had a non-denominational prayer during the school day. Court ruled this was a violation of the establishment clause because the school was endorsing religion
schools cannot sponsor religious activities
united states v lopez
mcdonald v chicago
interstate commerce clause
Gun Free Schools Zones Act declared unconstitutional because it exceeded Congress' authority to regulate interstate commerce. Congress did not have the power to outlaw guns near schools with the commerce clause.
Congress cannot use commerce clause on this, is a state crime
due process clause
Individuals have the right to “keep and bear arms” and is incorporated via the 14th. Chicago could not withhold this right without due process of law
right to bear arms cannot be infringed
article III
judicial branch
factions cant be removed, so we must have a big gov to keep them in control
article III
Established the principle of judicial review. strengthens the power of the Judicial Branch by giving the power to declare acts unconstitutional
supreme court can say stuff if a branch is being unconstitutional
gideon v wainwright
6th amendment- right to counsel
Gideon goes to trial for breaking and entering and asks for a lawyer as he cannot pay for one. 6th Amendment’s right to counsel applies to those accused of major crimes under state laws. Shows the incorporation of 6th Amendment through the Due Process clause
people who cant afford a lawyer get appointed one
citizens united v FEC
freedom of speech
Struck down restrictions on independent expenditures. Money as free speech. Overturned the 2002 Bipartisan Campaign Reform Act which banned soft money
Political spending by corporations, associations, and labor unions protected and cannot be limited