Ap Gov Required Cases + Documents

McCulloch v. Maryland (1819)

Established national supremacy; established implied powers; use of elastic clause; state unable to tax fed. Institution; John Marshall; "the power to tax involves the power to destroy."

United States v. Lopez (1995)

Commerce clause of Constitution does not give Congress the power to regulate guns near state-operated schools

Engel v. Vitale (1962)

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

Wisconsin v. Yoder (1972)

The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the 8th grade because it would violate long-held religious beliefs.

Tinker v. Des Moines (1969)

Guaranteed a student's right to protest (wearing armbands).

New York Times v. US (1971)

The Court ruled that freedom of the press is protected, and prior restraint of the press is illegal. BOlstered freedom of the press. "heavy presumption against prior restraint"

Schenk v. United States (1919)

speech creating a "clear and present dagner" is not protected by the 1st Amendment

Gideon v. Wainwright (1963)

Guaranteed the right to an attorney for the poor or indigent in a state felony case

Roe v. Wade (1973)

Abortion rights fall within the privacy implied in the 14th amendment

McDonald v. Chicago (2010)

Incorporated the 2nd Amendment right to bear arms to the states

Brown v. Board of Education (1954)

unanimously held that the racial segregation of children in public schools violated the Equal Protection Clause of the 14th Amendment

Citizens United v. Federal Election Commission (2010)

Political Spending by corporations, associations, and labor unions is a form of protected speech under the 1st Amendment

Baker v. Carr (1962)

"One man, one vote." Ordered state legislative districts to be as near equal as possible in population

Shaw v. Reno (1993)

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

Marbury v. Madison (1803)

Established judicial review empowering the Supreme Court to nullify an act of the legis. or exec. branch that violates the Constitution

Declaration of Independence

-Social contract theory- require consent of the governed

-People can abolish destructive government

-Telling British people they've already told the grievances- ignored colonist- in war=enemies, in peace=friends

ARGUMENTS:

unalienable rights- life, liberty, property

establish gov to protect rights

gov gets power from the people

right/ duty to overthrow

(Last 2= Social Contract Theory)

GRIEVANCES:

taxation w/o representation

quartering troops

trial w/o jury

dissolving colonists' representative governing bodies

controlling judges

DJJTQ

(Dissolving government, judge control, jury (none), taxation, quartering troops)

Articles of Confederation

1st guiding doc for U.S. government

Equal representation in one house congress

GOOD: NW Ordinance- slaver/ splitting new territory

WEAKNESSES:

1. No power to tax (borrow state $, but the states are broke!)

2. No president/ executive

3. No judiciary

4. No power to regulate interstate commerce

5. 9/13 states to pass law

6. 13/13 states to change/ amend it

LIMITED POWERS OF CONGRESS:

1. Can borrow $

2. Can declare war

3. can sign treaties

4. can create national army/ navy (unpaid/ can't draft)

Shown weak by Shay's Rebellion (national gov problems raising an army/ stopping rebellion)

(JIET-9-13) Judiciary, Interstate Commerce, Executive, 9/13 law, 13/13 amend

The Constitution

Know the Articles

Article 1 Section 1:

-Congress legislates

-House & Senate

Article 1 Section 2:

-Representatives

--2 year terms

--25 years old

--Citizen 7 Years

--Citizen of the State

-Speaker of the House

-House has power to impeach- simple majority

-Reapportionment- with the Census- Representatives reapportioned to states

Article 1 Section 3:

-Senators

--2 per state

--6 year terms

--30 years old

--Citizen 9 Years

--Citizen of the State

-Vice President runs Senate (doesn't happen that way today)- can break tie votes

-President Pro Tempore (lead Senate)

-Senate holds impeachment trial (super majority- 2/3)

Article 1 Section 7:

-President can veto

-Super majority in Congress to override veto

-Power to make tax bills (start in the House)

Article 1 Section 8:

-Key/ Enumerated Powers of Congress

--Naturalization

--Raise Army/ Navy

--Power of the Purse (Coin money, power to tax, borrow money)

--Interstate commerce

--Lower Courts

--Declare War

_Necessary & Proper Clause (Elastic Clause)

Article 1 Section 9:

-What Congress cannot do

--Cannot suspend Writ of Habeas Corpus (except for public safety-war)

---Bring before a judge to tell why arrested

--No Bills of Attainder (bill that puts individual/ group into jail/ punishes w/o trial)

--No ex post facto laws (law passed to make something illegal that not illegal before then punishing those who committed the action before illegal)

--No kings/ princes/ titles of nobility

Article 2 Section 1:

-If no candidate gets 270 electoral votes, House chooses the president

-Executive

--4 year terms

--Born in USA

--US Resident for 14 years straight

--35 years old

Article 2 Section 2: