Engel v. Vitale
Who actually won this case?
Engel
Who actually won the case?
Gideon
Who actually won the case?
Madison
Who were the authors of Federalist 10?
Alexander Hamilton, John Jay, and James Madison
Was Brutus 1 for or against the Constitution?
Against (Anti-Federalist)
What is the Establishment Clause?
The government cannot establish or endorse a religion, ensuring a separation of church and state.
What is due process?
The government must act fairly and follow established legal procedures when taking actions that could affect someone's life, liberty, or property.
What is judicial reveiw?
Power of the Supreme Court to examine the actions of the Legislative and Executive branch, ensuring the Government actions aligns with the constituion.
Was Federalist 10 for or against the Constitution?
For (Federalist)
What was the controversy over Brutus?
It argues against the U.S. Constitution.
What did Engel v. Vitale establish/rule?
School-sponsored prayer is unconstitutional, no matter if it's optional or not.
What did Gideon v. Wainwright establish/rule?
All accused felons, not only in federal courts, but in STATE courts too, are required to be provided with legal counsel if they can't acquire counsel themselves.
What did Marbury v. Madison establish/rule?
The Supreme Court established judicial review, granting itself the power to declare laws unconstitutional. (The Judiciary Act of 1789 is unconstitutional)
What does Madison refer to small interest groups as?
Factions
Why is Brutus 1 against a central government?
It takes away from state and individual sovereignty, and there would be a power imbalance between the federal government and the people/states.
What was the constitutional question in Engel v. Vitale?
Does school-sponsored prayer violate the Establishment Clause of the 1st Amendment?
What was the constitutional question in Gideon v. Wainwright?
Does the right to counsel, guaranteed under the 6th Amendment, apply to defendants in state court?
What was the constitutional question in Marbury v. Madison?
Can an appointed judge sue for his appointment? Does the Supreme Court have the authority to hear and implement this request?
What are the points argued for and against in Federalist 10?
For: Strong central gov, ratification of Constitution, checks and balances
Against: Unregulated factions, weak central gov.
What are the points argued for and against in Brutus 1?
For: Stronger state and local govs, individual power (small republics)
Against: Strong central gov, ratification of Constitution
What amendment and clause did Engel v. Vitale violate, and why?
- 1st Amendment
- Establishment Clause
- School-sponsored prayer is unconstitutional because it establishes a certain religion
What amendments did Gideon v. Wainwright violate, and why?
- 6th and 14th Amendments
(right to counsel + due process)
- Gideon was unfairly denied an attorney, thus preventing him from having a fair trial and having due process
What did Marbury v. Madison violate, and why?
The Judiciary Act of 1789 was unconstitutional because it extended the Court's original jurisdiction beyond what was outlined in Article III, Section 2 of the Constitution
What was the main point of Federalist 10?
A strong federal government can protect liberty because it guards against the dangers of control by a narrow interest, or "faction."
What is the main point of Brutus 1?
It argues against the proposed U.S. Constitution, warning that a strong central government could threaten individual liberties and state sovereignty.