Supreme Court cases 1800s and 1961
What is Marbury v. Madison, 1803
The court established its role as the arbiter of the constitutionality of federal laws, the principle is known as judicial review.
Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court.
What is Engel v. Vitale, 1962
A state-authorized students in its public schools to recite a short, voluntary prayer. The Court found that prayer could not be mandated by public schools as it violated the establishment clause of the 1st Amendment
What is Roe v. Wade, 1973
Legalized abortion on the basis of a woman's right to privacy. As protect by the 14 amendment as fell within the right to privacy (recognized in Griswold v. Connecticut).
Established national abortion guidelines; trimester guidelines: no state interference in 1st, state may regulate to protect health of mother in 2nd, state may regulate to protect health of unborn child in 3rd.
What is Federalist No. 10
Factions are inevitable – cannot destroy them, so must manage them Large Republic is the best form of government to address factions – too difficult for any one faction to gain power; less likely for corruption Pluralism – many factions competing for influence leads to only the best ideas being enacted Prevents tyranny of the majority Views of the people will be “refined and enlarged” by their elected representatives
What is the Articles of Confederation
Confederal Government (state sovereignty);
Weak- Congress not given many powers to prevent tyranny Unicameral Legislature
○ Each State = 1 vote; 9/13 votes needed to pass laws No Executive/ No Judicial (cannot settle interstate disputes); no power to tax citizens No power to raise an army
What is McCulloch v. Maryland, 1819
The courts ruled that the states cannot tax the federal government, the Bank of the United States; the phrase "the power to tax is the power to destroy"; federal government is supreme to the states (supremacy clause); confirmed the constitutionality of the Bank of the United States (elastic clause).
Established national supremacy; established implied powers; use of elastic clause; state unable to tax fed.
What is Gideon v. Wainwright, 1963
The Court ruled that in state trials, those who cannot afford an attorney will have one provided by the state, overturning Betts v. Brady. The question before the court was about Sovereignty immunity.
What is Shaw v. Reno, 1993
A landmark case in the area of redistricting and racial gerrymandering. The court ruled in a 5-4 decision that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause. On the other hand, bodies doing redistricting must be conscious of race to the extent that they must ensure compliance with the Voting Rights Act of 1965.
No racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.
What is Federalist 51
Author: Madison Federalist Papers
Power is divided between : ○ three branches of government, each w/ little control over the other ○ national & state government; House and Senate are divided & elected in different ways (back then) Checks and Balances – Gov’t must be powerful enough to control the people, but also to control itself – separate but equal powers All keep power from becoming too centralized- prevent one person/ one group from taking over the government “If men were angels, no government would be necessary”
What is the Declaration of Independence
1. It explains why the Declaration was written.
2. Discusses the right of human beings and the responsibility of government to its citizens
3. Shows how Britain has violated those principles by listing the grievances against George the III.
4. Declares the USA as a newly formed, free, and independent nation.
5. Discusses the powers of the new nation: Make war and peace, Make alliances with foreign nations, Establish commerce, and do all other acts and things that independent states do.
6. Says that the new nation is open for business. can make, sign treaties, enter alliances with foreign nations, and establish commerce.
What is Schenck v. United States, 1919
Upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.
Oliver Wendell Holmes; clear and present danger test; shouting "fire" in a crowded theater; limits on speech, esp. in wartime.
What is Tinker v. Des Moines Independent Community School District, 1969
Students in an Iowa school were suspended for wearing black armbands to protest the Vietnam war. The Court ruled that wearing black armbands in protest of the Vietnam War was symbolic speech, protected by the First Amendment.
What is United States v. Lopez, 1995
It held that while Congress had broad lawmaking authority under the Commerce Clause, the power was limited, and did not extend so far from "commerce" as to authorize the regulation of the carrying of handguns, especially when there was no evidence that carrying them affected the economy on a massive scale.
Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.
What is Federalism No. 70
Author: Alexander Hamilton
Argues for a single, “energetic” executive (president) ○ President must be a single person; having a dual executive or a committee will lead to confusion, disagreement, and inability to act decisively ○ Debate and disagreement are good for Congress, poison for the president. President needs to be able to act quickly and decisively to respond to crises Having a single president makes the executive easily accountable; multiple presidents = finger pointing and shifting blame
What is the Letter from Birmingham Jail
Author:MLK, Jr.
Justice delayed is justice denied; Injustice anywhere is a threat to justice everywhere All people should be treated the same under the law (14th Amendment Equal Protection Clause) Nonviolent direct action seeks to create an urgency for legislative action
What is Brown v. Board of Education, 1954
The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.
School segregation unconstitutional; segregation psychologically damaging to blacks; overturned separate but equal; use of 14th Amendment; judicial activism of Warren Court; unanimous decision.
What is New York Times Company v. U.S., 1971
The President argues that the publication of the Pentagon Papers is in violation of executive privilege. Result: The barring of the publication of these papers is in violation of the 1st A. Publication does not imperial the public.
What is McDonald v. Chicago, 2010
1) Chicago adopted a handgun ban to combat crime and minimize handgun related deaths and injuries. Chicago's law required anyone who wanted to own a handgun to register it. Possession of an unregistered firearm was a crime
2) the Second Amendment includes an individual right to keep and bear arms, Otis McDonald and other Chicago residents sued the city for violating the Constitution.
3) Claimed that Chicago's handgun regulations violate their 14th Amendment rights. The 14th Amendment makes the Second Amendment right to keep and bear arms applicable to state and local governments.
States can not ban guns because of the right to bear arms and equal protection of the law.
What is Federalist No. 78
Author: Alexander Hamilton
“Least dangerous branch” – cannot enforce its decisions (no influence over “sword or purse”) Judiciary must be independent; life terms ensure justices are (otherwise they will be beholden to their appointers); qualified men won’t do the job if it is temporary Judicial review – job is to interpret the Constitution
What are the bill of rights?
It was added to the Constitution to protect the people from the national government from having too much power and to protect individual liberties against abuse by the federal government.
1.Freedom of religion, speech, press, assembly, and petition.
2. Right to keep and bear arms in order to maintain a well regulated militia.
3. No quartering of soldiers.
4. Freedom from unreasonable searches and seizures.
5.Right to due process of law, freedom from self-incrimination, double jeopardy.
6. Rights of accused persons, e.g., right to a speedy and public trial.
7. Right of trial by jury in civil cases.
8. Freedom from excessive bail, cruel and unusual punishments.
9. Other rights of the people.
10. Powers reserved to the states.
What is Baker v. Carr, 1961
The case that establishes one man one vote. This decision created guidelines for drawing up congressional districts and guaranteed a more equitable system of representation to the citizens of each state
"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's political judicial activism.
What is Wisconsin v. Yoder, 1972
Case in which the U.S. Supreme Court ruled (7-0) that compulsory school attendance law was unconstitutional when applied to the Amish, because it violated their rights under the First Amendment, which guaranteed the free exercise of religion.
What is Citizens United v Federal Election Commission (FEC), 2010
Supreme Court case that ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures.
What is Brutus No. 1
Author:Robert Yates Anti- Federalist
Constitution gives too much power to central government ○ Necessary and Proper Clause (Elastic Clause) is a blank check to Congress ○ Supremacy Clause – state governments will be obsolete; impotent ○ Too large a country for Congress to represent local concerns; ineffective because too many views (factions) to form consensus Can do away with State Governments Standing Army in peacetime is a destruction of liberty Once you give up power the only way to get it back is by force
What are the amendments?
1 = Freedom of religion (establishment and free exercise clauses), speech, press, assembly, petition for redress 2 = Arms 4 = Protection from unwarranted search & seizure (exclusionary rule) 5 = No self-incrimination or double jeopardy; due process 6 = speedy trial by jury, right to counsel 7 = trial by jury in civil cases 8 = no cruel/unusual punishment 9 = These are not all your rights 10 = reserved powers/states rights clause 12 = Process for selecting pres & VP in E.C. 13 = No slavery 14 = Due process, equal protection, Incorporation 15 = Black male vote 16 = Income tax 17 = Popular election of senators 18 = Prohibition 19 = Women vote 21 = End prohibition 22 = Pres term (2 terms +2 years as VP) 23 = DC votes for pres 24 = No poll tax 25 = Presidential succession 26 = 18 to vote