Court Cases
Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.The Court ruled that Congress did not have the authority under the Commerce Clause to outlaw guns near schools.
Argued that the formation of several different factions (groups) provides the country with diversity and protects minority rights by forcing compromise.
Federalist 10
Congress can regulate trade between nations, between states, and among Indian tribes.
Commerce Clause, Article 1
States cannot unreasonably discriminate against individuals. They must treat people “equally.”
Equal Protection Clause, 14th amendment
Congress cannot set an “official” national religion. This, in effect, provides for separation of church and state.
Establishment Clause, 1st Amendment
Ruled that the Sixth Amendment right-to-counsel provision applies to those accused of major crimes under state laws.
Gideon v. Wainwright, 6th Amendment INCORPORATED to states through 14th amendment Due Process Clause
Explained the importance and value of nonviolent resistance to racism and injustice.
Letter from Birmingham Jail
State governments must observe fair procedures when they deny a person life, liberty, or property.
Due Process Clause, 14th Amendment
Congress cannot pass laws that ban freedom of worship.
Free Exercise Clause, 1st Amendment
First attempt at an independent federal government. Gave states powers while severely limited federal government, leaving the country vulnerable to domestic and forgeign issues
Articles of Confederation
Struck down state-sponsored prayer in public school
Engel v. Vitale, 1st Amendment - Establishment Clause
Argued the Constitution gave the federal government too much power and state governments would be nullified.
Brutus 1
Congress can exercise powers not specifically stated in the Constitution if those powers are needed for carrying out its expressed powers that are specifically stated.
Elastic Clause, Article 1
Legislative redistricting can not ONLY be based on race
Shaw v. Reno, 14th Amendment - Equal Protection Clause
Official document that separated the American colonies from the British monarchy.
Declaration of Independence
Established “one man, one vote” and opens door to courts to reviewing redistricting challenges. Voting districts must be the same population size
Baker v. Carr, 14th Amendment - Equal Protection Clause
Argued the federal government was limited in power through the system of checks and balances embedded within the branches.
Federalist 51
Congress cannot pass a law that punishes a person retroactively, i.e., after the fact. In other words, a person cannot be punished for something he/she did that was not a crime when committed.
Ex Post Facto Laws, Article 1
Argued that there was a need for a strong executive leader (president) especially in times of war and crisis.
Federalist 70
Government can almost never use prior restraint. Protections for the press were established here.
New York Times v. US, 1st Amendment - Freedom of the Press
Confirmed the right of Congress to utilize implied powers to carry out its expressed powers and validated the supremacy of the national government
McCulloch v, Maryland, Supremacy Clause
Defined the purpose and need of an independent judicial branch and established it as the weakest branch of the three.
Federalist 78
Congress cannot pass a law that singles out a person for punishment without trial.
Bills of Attainder, Article 1
The Court held that the right of an individual to “keep and bear arms” protected by the 2nd Amendment. Right to keep and bear arms for self-defense applies to the states
McDonald v. Chicago, 2nd Amendment INCORPORATED to states through 14th Amendment Due Process clause
Speech creating a “clear and present danger” is not protected
Schenck v. US, 1st Amendment - Free Speech