Landmark Cases 1
What did the Supreme Court rule in Tinker v. Des Moines Independent Community School District (1969)
Students DO have free speech rights at school. Schools can only limit speech if it disrupts learning or school activities
Which case created the term “clear and present danger”?
Schenck v. United States (1919)
What does the Second Amendment state?
The right to keep and bear arms
What does the Equal Protection Clause state?
It prohibits the states from denying anyone within their borders of the equal protection of the law.
What is Federalism?
A way of sharing power between one big government and smaller governments.
Which case dealt with the national bank?
McCulloch v. Maryland (1819)
Which case dealt with gerrymandering?
Shaw v. Reno (1993)
What does the Sixth Amendment state?
Right to a public trial, speedy trial, and guaranteed an attorney (the state must provide counsel)
What is the Supremacy Clause?
Establishes the U.S Constitution and federal laws as the highest laws in the nation.
What is Selective Incorporation?
The Supreme Court uses the 14th Amendment to make sure states have to follow the Bill of Rights and can’t take away your basic freedoms.
Which two cases dealt with religion in school?
Wisconsin v. Yoder (1972) and Engel v. Vitale (1962)
In New York Times Co v. United States (1971) which part of the First Amendment was violated?
The freedom of speech aka freedom of the press
What does the 14th Amendment state?
The right of citizenship, equal protection clause, and due process
What is the Commerce Clause?
Empowers Congress to regulate commerce, prohibiting state laws affecting trade deals with foreign nations and other states.
What is Double Jeopardy?
A Fifth Amendment protection that prevents someone from being tried more than once for the same crime.
Which case dealt with racial segregation and the Equal Protection Clause of the Fourteenth Amendment?
Brown v. Board of Education (1954)
What did the Supreme Court rule in McDonald v. Chicago (2010)?
The handgun ban was unconstitutional because the right to self-defense was fundamental.
What are the main points of the First Amendment?
Free Exercise Clause, Establishment Clause, Religion, Assembly, Press, Petition the Government, and Speech
What is the Necessary and Proper Clause?
Grants Congress implied powers, allowing them to make laws necessary and proper for fulfilling their enumerated powers.
What are Unenumerated Rights?
Freedoms not directly named in the Constitution or Bill of Rights but determined to be constitutionally protected.
Which case was the defendant charged under the Gun-Free School Zones Act of 1990 (The law was based on the Commerce Clause)?
United States v. Lopez (1995)
Which case used the 14th Amendment (selective incorporation) to help the Supreme Court ruling?
Gideon v. Wainwright (1963)
Name what the Bill of Rights states (All 10 Amendments)
1:Five freedoms of expression: religion, press, assembly, petition, and speech.
2: right to bear arms
3:The gov cant force citizens to house soldiers
4: prevents unreasonable and unwarranted search and seizure
5:Accused persons have right to formal proceedings or gov cant take property without compensation
6: right to a speedy public trial and attorney
7: Right to a jury in civil trials
8: protects accused person from excessive or cruel punishments
9: Rights not listed belong to the people
10: Any powers not delegated to the fed gov nor denied to the states belong to the state gov
What is the Due Process Clause?
Citizens rights that protect against arbitrary (random) action by national or state governments.
What is the difference between civil liberties and civil rights?
Civil liberties are protected in the Bill of Rights. Civil rights protection is grounded in the 14th Amendment and laws.