Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court.
What is Marbury v. Madison (1803)
Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.
What is Engel v. Vitale (1962)
Abortion rights fall within the privacy implied in the 14th amendment
What is Roe v. Wade (1973)
the document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain
What is The Declaration of Independence
Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group.
What is Federalist No. 51
the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers
What is McCulloch v. Maryland (1819)
Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.
What is Gideon v. Wainwright (1963)
Legislative redistricting must be conscious of race and ensure compliance with the Voting Rights Act of 1965
What is Shaw v. Reno (1993)
1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)
What is The Articles of Confederation
Hamilton argues for the necessity of a single president (rather than an executive committee). Hamilton states that Americans should not fear the president becoming a tyrant because a single person would be easier to control. Additionally, a single president could act with more energy, efficiency, and secrecy than a committee.
What is Federalist No. 70
Allows limits to speech based on the "clear and present danger" principle
What is Schenck v. United States (1919)
Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes
What is Tinker v. Des Moines Independent Community School District (1969)
Commerce clause of Constitution does not give Congress the power to regulate guns near state-operated schools
What is United States v. Lopez (1995)
The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.
What is The Constitution of the United States
written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions
What is Federalist No. 78
unanimously held that the racial segregation of children in public schools violated the Equal Protection Clause of the 14th Amendment. Brown claimed that Topeka's racial segregation violated the Constitution's Equal Protection Clause because the city's black and white schools were not equal to each other and never could be. Overruled Plessy v. Ferguson's "separate but equal" doctrine and would eventually led to the desegregation of schools across the South
What is Brown v. Board of Education of Topeka (1954)
The U.S. President Richard Nixon had claimed executive authority to force the Times to suspend publication of classified information in its possession. The question before the court was whether the constitutional freedom of the press under the First Amendment was subordinate to a claimed Executive need to maintain the secrecy of information. The Supreme Court ruled that First Amendment did protect the New York Times' right to print said materials.
What is New York Times Company v. United States (1971)
Incorporated the 2nd Amendment right to bear arms to the states
What is McDonald v. Chicago (2010)
An essay written by James Madison that warned against factions due to their tyrannical structure and said a larger United States is better for the diversity of politics.
What is Federalist No. 10
Letters written by MLK; In it, he argues that he and his fellow demonstrations have a duty to fight for justice. Explains the four steps of nonviolent protest: fact finding, negotiation, self-purification, and direct action.
What is Letter from a Birmingham Jail
Court-enforced redistricting based on the principle of "one-person-one-vote" ensured that urban constituencies were represented proportionally equal to rural area constituents
What is Baker v. Carr (1961)
The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the eighth grade because it would violate long-held religious beliefs.
What is Wisconsin v. Yoder (1972)
Holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party electioneering (Citizens for a Better Tomorrow, Tomorrow)
What is Citizens United v. Federal Election Commission (2010)
This work by a prominent Anti-Federalist argued that that the new federal government would be too powerful. In particular, he pointed to the necessary-and-proper clause and the supremacy clause. In addition, he objected to Congress's power to tax and raise a standing army and to the vast size of the proposed republic. He felt this powerful new government would supplant the states.
What is Brutus No. 1