In McCulloch v Maryland, Chief Justice John Marshall said that because of the ______________________, federal law will trump state law.*
supremacy clause
Bonus Question! What clause did the SC use to support Congress' authority to create a branch of the National Bank within state limits?
The decision in US v Lopez put the power with the
state government
What did Citizens United v FEC challenge?
Limits placed on individuals and corporations for campaign contributions
factions are inevitable
Fed 10
Based on values of popular sovereignty, limited government, and unalienable rights
DOI
Why was the Gun Free School Zones Act deemed unconstitutional?*
The Constitution doesn’t specifically say that Congress had the right to do pass such a law, so that is the domain of the states.
Bonus Question! What clause did Congress try to use to justify the GFSZA?
Citizens United argued that the limitations of BCRA violated __________________
the first amendment
This case formally established the principle of judicial review
Marbury v Madison
The Constitution would create a federal government that is so powerful it will take away the personal freedoms of citizens
Brutus 1
need independent judiciary with federal judges that serve life terms so the Constitution can be neutrally and consistently interpreted and upheld by the Supreme Court
Fed 78
The Citizens United v FEC decision determined that money is a form of ______________ and cannot be ______________
protected speech, limited
Maryland argued that the constitution didn’t give Congress the power to establish a bank within a state, but Mcculloch argued that the _________________________ implied Congress’ power to do so.
necessary and proper clause
Define judicial review
the power of the court to rule on the constitutionality of laws
eatures separation of powers, checks and balances, supremacy clause, protection of personal freedoms, federalism, etc.
Constitution
featured a small, weak federal government and strong, autonomous state governments
AOC
The decision in McCulloch v Maryland put power with the
federal government
Why did Marbury sue Madison?
Marbury was expecting to be appointed to a federal court, but the new president, Thomas Jefferson, told his Sec of State, James Madison, not to deliver the appointments. So Marbury asked the court to issue a writ of mandamus, which would force Madison to deliver the appointments.
In Baker v Carr, what was Baker's argument regarding the district lines in Tn?
The state was infringing on the 14th Amendment equal protection clause because not all citizens were being represented equally since the district lines hadn't been redrawn in 60+ plus years.
separation of powers, checks and balances within the federal government prevents concentration of power that could be dangerous to the people
Fed 51
a single, strong president is necessary to provide energy, focus in execution of laws
Fed 70
What did the SC decide in Baker v Carr?*
Issues of reapportionment ARE justiciable, and the court DOES have the authority to rule on questions regarding legislative reapportionment
*Bonus Question! What did this decision open the door for?
Districts drawn ONLY based on race are unconstitutional and the equal protection clause was violated
What doctrine did the Baker v Carr decision establish?
“One Person, One Vote” doctrine: states must apportion their representatives in a way that EQUALLY represents all people, and no one vote counts any more than another
According to Fed 70 why is a strong executive not a threat to the nation?
They don't have important powers like the purse or sword
According to Fed 10, why are factions not a danger to our country?
We are so large, no one faction will be able to gain complete power