Court Cases
This case set the precedent that the doctrine of separate but equal was not in fact equal if school funding was inherently unequal, and the court's decision began the process of putting an end to public school segregation.
What is Brown v. Board?
This court case deals with racial gerrymandering. In this case, North Carolina wanted to ensure there was sufficient Black representation, so they gerrymandered two Black districts. The court struck down these districts as they violated the equal protections clause.
What is Shaw v. Reno?
Before being overturned in 2022, this court case protected a woman's right to abortion, as the Berger court found, in 1973, that a woman's right to privacy b/w her and her doctor was protected via the 9th & 14th amendments.
This is the process/doctrine the court uses to apply the bill of rights to the state level, to ensure our life, liberty, and pursuit of happiness are protected not just from the feds but also from the states.
What is selective incorporation?
These are the 3 things that John Locke said were unalienable or natural rights and that government should exist to protect these things.
What are life, liberty, and property?
This 6th amendment case deals with whether or not persons accused of petty theft have the 6th amendment right to an attorney at the state level. In this case, the court held that the right to an attorney was fundamental, and that if only rich people could afford an attorney, that was in violation of the spirit of equal protections--and thus applied the 6th amendment to the states.
What is Gideon v. Wainright?
This case deals with whether or not the court could issue writs of mandamus. The court held that they could issue writs of mandamus for the personnel listed in A3 of the Constitution--but not for personnel not listed in the Constitution. By doing this, the court established an implied power that we know as judicial review.
This case is about 5th and 6th amendment rights, and whether or not a persons conviction can be thrown out, even in cases of rape and kidnapping, if we are not made aware of our rights upon arrest. The court held that we had a constitutional protection to be made aware of the charges against and that the only way to protect a/g self-incrimination was to have an attorney present at questioning.
What is Miranda v. Arizona?
This is where the necessary and proper clause is found in the Constitution.
What is Article 1 Section 8?
This is the type of "grant" $ that states prefer.
What is a block grant?
This case deals with federalism and whether or not the federal government could establish a national bank. The court held that the federal government has the ability, under A1S8, to carry out their enumerated duties by whatever means necessary and proper--this includes establishing a national bank. This case shifted the balance of power towards the federal govt.
What is McCulloch v. Maryland?
This 1st amendment freedom of speech case established that students have a right to symbolic speech, after a brother and sister who wore a black armband to school were suspended for being materially disruptive to the learning environment.
What is Tinker v. Des Moines?
This court case involves a school in New York requiring their students to recite a non-denominational prayer. This was declared unconstitutional because it violated the establishment clause.
What is Engel V. Vitale
This clause protects you from the federal government creating or favoriting a specific religion.
What is the establishment clause?
This rule, implied via the 4th amendment, effectively protects you from the government using evidence a/g you in a court case that has been illegally obtained.
What is the exclusionary rule?
*****DOUBLE JEOPARDY*****
This case deals with the 2nd Amendment RTBA. Mr. McDonald wanted to buy a hand gun for self defense but was denied that right under Chicago law. The court held the Chicago law violated his 2A rights, and applied the 2A to the states.
What is McDonald V. Chicago?
This court case deals with the state of Tennessee having not restricted for over 60 years. This negligence created disproportionate representation between rural and urban districts. The court found that these districts favored rural counties as it violated the equal protections of urban dwellers.
What is Baker V. Carr?
This court case revolves around an Amish family wanting to take their children out of school in Wisconsin. Wisconsin state law claims that a child cannot be removed from school until they are the age of 16. The SCOTUS ruled that Wisconsin requiring attendance did not outweigh religious freedom.
What is Wisconsin V. Yoder?
This clause, found in Article 6 of the Constitution, effectively prompts expansion of federal powers when utilized to justify a decision, as it states that, when in conflict, federal is more powerful than state law.
What is the supremacy clause?
This quote: "if men were angels, there would be no need for government" comes from the paper that establishes why checks & balances are/were necessary to protect a/g tyranny.
What is Federalist #51?
This case deals with the Gun-Free School Zones Act and whether congress can regulate guns using the commerce clause. The court ruled the GFSZA overstepped congressional authority thus returning power to the states.
What is United States V. Lopez?
This case deals with the Pentagon Papers and the federal government trying to stop publication. The court held that there must be a heavy presumption to use prior restraint, and stated that only in times of national security can the federal government use it.
What is the New York Times V. U.S?
This court case deals with questions about whether or not running political ads within 60 days of a general election or w/ in 30 days before a primary were protected speech. The court held that the law that prohibited political speech for corporations and individuals was in violation of the 1st amendment, as political speech is inherently symbolic, and thus worthy of protection. PACs/SuperPACs grow in frequency after this.
What is Citizens United v. FEC?
This amendment in the constitution protects you from cruel and unusual punishment, and has been used at various times to limit the use of the death penalty.
What is the 8th amendment?
This is a type of bill that ropes together several smaller, distinct bills to ensure passage of bipartisan legislation--& is often used to justify pork-barrel spending.
What is an omnibus bill?