Foundational Documents
Hamilton argued in Federalist 78 that THIS "has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever."
The Judiciary
The Supreme Court held in THIS 1973 case that a woman's right to an abortion fell within the right to privacy protected by the 14th Amendment.
Roe vs. Wade
The Supreme Court held in THIS 1969 case that students do not lose their 1st Amendment rights to freedom of speech when they step onto school property
Tinker vs. Des Moines
This 1993 case established that North Carolina creating a racially gerrymandered district raised a valid constitutional issue under the 14th Amendment's Equal Protection Clause.
Shaw vs. Reno
The Articles of Confederation established that the "said states hereby severally enter into a firm league of" THIS with one another.
Friendship
The Antifederalists stated in Brutus I that in a Federalist Republic that the Constitution would establish, THESE would "be a clog upon the wheels of the government of the United States; the latter therefore [would] be naturally inclined to remove it out of the way."
The states
Protections of the Bill of Rights have been selectively incorporated by THIS clause of the 14th Amendment to prevent state infringement of basic liberties.
The Due Process Clause
The Court established in Engel vs. Vitale that school sponsorship of religious activities violates THIS clause of the Freedom of Religion Clause of the 1st Amendment
The Establishment Clause
The Court established in United States vs. Lopez that Congress may not use THIS clause to make possession of a gun in a school zone a federal crime.
The Commerce Clause
The 1st Amendment of the Constitution includes two clauses: the Freedom of Religion Clause and THIS.
The Free Expression Clause
Hamilton claimed THIS as the "most necessary qualification" of "a single executive."
Energy
The Supreme Court reasoned in THIS 1963 case that the 6th Amendment's guarantee of counsel is a fundamental and essential right made obligatory upon the states by the 14th Amendment
Gideon vs. Wainwright
This case established that speech creating a “clear and present danger” is not protected by the 1st Amendment.
Schenck vs. United States
Marbury vs. Madison (1803) established THIS principal empowering the Supreme Court to nullify an act of the legislative or executive branch that violates the Constitution.
Judicial Review
Martin Luther King Jr. stated in Letter from a Birmingham Jail that THIS type of law "is a code inflicted upon a minority which that minority had no part in enacting or creating because it did not have the unhampered right to vote".
Unjust
James Madison wrote in Federalist 10 that the ways for removing THIS were "by destroying the liberty which is essential to its existence" and "by giving to every citizen the same opinions, the same passions, and the same interests."
Faction
The Supreme Court ruled in THIS 2010 case that the 14th Amendment makes the 2nd Amendment right to keep and bear arms for the purpose of self-defense applicable to the states, reasoning that rights that are "fundamental to the Nation's scheme of ordered liberty" or that are "deeply rooted in this Nation's history and tradition" are appropriately applied to the states through the 14th Amendment
McDonald vs. Chicago
The Court established in Wisconsin vs. Yoder that compelling Amish students to attend school past the eighth grade violated THIS clause of the Freedom of Religion Clause of the 1st Amendment.
The Free Exercise Clause
THIS 1961 case opened the door to equal protection challenges to redistricting and the development of the “one person, one vote” doctrine by ruling that challenges to redistricting did not raise “political questions” that would keep federal courts from reviewing such challenges.
Baker vs. Carr
Originally created to protect freed slaves from discrimination, the broad wording of THIS clause of the 14th Amendment has been applied to cases such as Brown vs. Board of Education as well as Obergefell vs. Hodges.
The Equal Protection Clause
Jefferson and the members of the Continental Congress established in the Declaration of Independence that to secure the rights of "Life, Liberty, and the pursuit of Happiness," "governments are instituted among Men, deriving their just powers from" THIS.
The consent of the governed
The right to privacy established in THIS case regarding the sale of contraceptives influenced the decision in Roe vs. Wade upholding a woman's right to an abortion
Griswold vs. Connecticut
The Court established in THIS 1971 case that since publication of information regarding America's history in Vietnam would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified.
New York Times Co. vs. United States
Pursuant to THIS clause of Article I, Section 8, Chief Justice Marshall noted in the decision of McCulloch vs. Maryland that Congress possessed powers not explicitly outlined in the U.S. Constitution.
The Necessary and Proper Clause
Madison argued in THIS Federalist Paper that "it is of great importance in a republic, not only to guard the society against the oppression of its rulers; but to guard one part of the society against the injustice of the other part."
Federalist 51