- 4th Amendment= Equal Protection
- Racial Segregation in schools violates the 4th Amendment
- "With all deliberate speed" (1955)
- Struck down by Plessy vs. Ferguson
What is "Brown vs. Board of Education"
- James Madison
- Checks and balances/separation of powers
- "Ambition must counter-act ambition"
Remedy for dominance of legislature= divided into two branches
-Double security
What is Federalist 51
Cooperative Federalism
- Freedoms
- Petitions
- Assembly
What is the 1st Amendment
- NC minority became the majority
- Every vote equal
- 14th Amendment= Equal protection
- Legislative redistricting must consider race in compliance with the Voting Rights Act (1965)
What is "Shaw vs. Reno"
- Hamilton
- Unitary Executive
-Energetic (necessary quality)
-Two reasons to reject plurality 1) Differing opinions 2) Conceal faults/ responsibility
-Why is energy an essential quality? 1) Foreign attacks (action) 2)Steady administration of laws 3) Protection of property 4) Liberty from faction, ambition, anarchy
What is Federalist 70
Nixon's revenue-sharing plan is an example of what kind of Federalism
Fiscal Federalism
Abolition of Slavery
- Tennessee every 10 years= redistricting (gerrymandering)
- Districts= proportional, if not = malappointment
- 14th Equal Protection "One man, one vote"
What is "Baker vs. Carr"
-James Madison
- Two ways to cure a faction 1)Remove causes 2) Control effects
- Most common sources of factions 1) Inequality of distribution of property
- What government is best for electing "guardians of public wear" 1)Equals on extended republic
- Three reasons 1)Fit character 2) Unworthy less likely 3) Harder for majority to opress
What is Federalist 10
A major strength of federalism lies in the fact that it promotes both national and state activities in which manner?
What is avoids concentration of political power
Search and Arrest
What is the 4th Amendment
- "Zones of privacy"
- 1st, 4th, 9th, and 14th rights protected
- Conception and child-raising are in zones of privacy
- Precedent= Grizwald vs. Connecticut (1965)
What is "Roe vs. Wade"
- Hamilton
- Judiciary least dangerous
- New law violates the Constitution= duty of the judiciary to rule aginst
-Permanent tenure
- Reason 1) Independent 2) Skill level (rare) 3) Give up careers (sacrifice) 4) Temporary tenure - beholden to popularity and dependence
What is Federalist 78
This kind of federalism views the national and state governments as each remaining supreme within their own sphere of influence
What is Dual Federalism
Women's Sufferage
What is the 19th Amendment
- 1st Amendment "Clear and Present Danger test"
- Espionage Act of 1917
- Claimed Violation of 13th
What is "Schenck vs United States"
- Robert Yates
-Despotic government easily expressed over large as a small territory
-Pure democracy requires small territory
-Most important power to tax
- Concerned about two constitutional clauses 1) Necessary and Proper (Art 1 sec 8) 2)Supremacy clause
- Free republic not possible in an extended territory. Why? 1)Varied interests 2) Knowing/removing rules 3) Abuse power- beyond peoples control
What is Brutus 1
General grants can be used for a variety of reasons within a broad category and are preferred by states over categorial grants.
What are block grants
Gives Congress the power to tax
What is the 16th Amendment