Liberty & Order
Governments must balance what two things.
What is liberties/natural rights vs. government power?
This clause says that the law must be applied fairly to all people, meaning law cannot be attributed different based on race, gender, or SES status.
What is the equal protections clause?
This court case established the principle of judicial review by invalidating an act of Congress.
What is Marbury v. Madison?
This article establishes the POTUS' implied and emuerated powers. And this enumerated or formal power gives the POTUS the ability to determine judges.
What is A2? What is the appointment power?
This court case involves a school in New York requiring students to recite a non-denominational prayer at the beginning of the day. This was declared unconstitutional because it violated the establishment clause--meaning, the court said the state needs to have a compelling interest to establish a religion at the expense of free exercise.
What is Engel v. Vitale?
This is the theory that underlies the Declaration of Independence & the Constitution--as it assumes that we exchange some of our rights for protection from/by government.
What is social contract?
This clause in the constitution is considered to have elasticity, as it is used by the federal Congress to stretch the powers of the federal government beyond its enumerated duties.
What is the necessary and proper clause?
This case deals with the Gun-Free School Zones Act and whether congress can regulate guns in school zones using the commerce clause. The court ruled the GFSZA overstepped congressional authority thus returning power to the states, as they held that Congress cannot regulate anything related to school zones, because that power is reserved for the states, effectively striking down Congress' usage of the commerce clause.
What is US v. Lopez?
This article & section gives the House this formal/enumerated power to raise revenue (increase taxes).
What is article 1 section2?
This is how many votes it takes to win the electoral college.
What is 270?
This type of democracy is when multiple competing points of interest vie for government control.
What is pluralist/pluralism?
This clause found in Article 6 of the Constitution states that, when in conflict, federal law and state law wins out.
What is the supremacy clause?
This case affirmed the notion that racial gerrymandering violated the 14th amendments equal protection's clause, and forced the state of NC--and subsequently others--to redraw districts, even if it meant less Black representation in the legislature.
What is Shaw v. Reno?
This article & section gives the Senate the ability to approve/ratify all treaties & POTUS appointments.
What is article 1 section 3?
This is who chooses the POTUS if there is a tie in the electoral college.
Who is the House?
This is the primary reason the Articles of Confederation failed?
What is the inability to raise government revenues OR weak central government?
This clause is most frequently used to expand the power of the federal government and can be found in A1S8, and it allows Congress to regulate the flow of goods and services.
What is commerce?
This case, via the 1st amendment free expression protections, stopped the process of prior restraint so long as publication does not present immediate danger.
What is NYT v. US?
This implied power of Congress allows them to regulate the bureaucracy to ensure they're doing their jobs effectively.
What is the power of Oversight?
This is how the Congress holds the SCOTUS accountable for their actions.
What is impeachment?
This theory and underlying principle of the Constitution protects us from the government taking away our life, liberty, or pursuit merely on the grounds of accusation.
What is due process?
This clause in the constitution establishes that individuals have freedom to choose whatever God/supernatural entity they believe in.
What is the free exercise clause?
This court case deals with the state of Tennessee having not restricted for over 60 years. This negligence created disproportionate representation between rural and urban districts, where smaller rural districts had the same representation that disproportionally larger districts had. The court found that these districts favored rural counties as it violated the equal protections of urban dwellers--and it established the principle of "one person, one vote."
What is Baker v. Carr?
This power is implied via A1 & A2 and is vested to the bureaucracy as their primary power to do their jobs effectively.
What is rule making or discretionary authority?
This paper establishes the unitary executive theory, and it states that energy in the executive is conducive to good government.
What is Fed 70?