Required Readings AP Gov

McCulloch V. Maryland

McCulloch V. Maryland

In 1818 the State of Maryland approved legislation to impose taxes on the Second National Bank chartered by Congress.

¿Does Congress have the power to create a bank? Yes

¿Does Congress have implied powers? Yes, t Congress has implied powers necessary to implement its enumerated powers and established the supremacy of the U.S. Constitution and federal laws over state laws.

It reduced the scope of the Tenth Amendment. As powers are classified as implied, states can no longer argue that the powers are reserved, and federal laws based on these implied powers are supreme to any state laws that come into conflict with the federal laws. This case narrowed the scope of the Tenth Amendment.

Clauses Involved:

• Necessary and Proper Clause (article 1, sec.8 cl18)

• Supremacy Clause (Article 3) (Fed laws are higher than state laws)

U.S. v. Lopez

Alphonso Lopez was arrested for carrying a concealed weapon into his high school. He was charged under the Gun-Free School Zones Act of 1990, a congressional law.

¿ Can Congress use implied powers under the Commerce Clause to create a gun free school zone law? NO. There are limits to the Power of congress to regulate under the commerce clause.

Some stuff cannot be regulated by the federal government through its implied powers, this power is returned to the states as a reserved power. This case broadened the scope of the Tenth Amendment.

Clauses:

• Necessary and proper

• The commerce clause (power of congress to regulate interstate commerce)

• Reserved Powers Clause (powers not given to the fed gov are for the states (except if its specified))

Baker V. Carr

In the US each state is responsible fr determining its legislative districts, which brought the questio if that was fair, however the courts didnt interfere because those were “political” matters. This case was about wheter federal courts could rule on the way states draw their boundaries (for election).

Facts:

- Tenessee has been using the same boundarings since 1900, even if people moved away from the rural areas, so the distribution of the population changed to much.

- The state constitution required revising the legislative district lines every 10 years to account the changes in population.

Arguments from baker (petitioner):

- He explained tha his vote does not count equally, which is a serious violation to his rights.

- “Judcial power shall extend to all cases, in law and equity”

- Political questions are not defined, so just because an issue involves politics does not mean that is a political question.

- Violated the 14 amendment (equal protection clause)

Decision:

In favor of Baker, the majority concluded that federal courts have the autority to enforce the requirments of equal protection of the law againts state official, including legislature itself.

1st Amendment

Congress shall make NO laws prohibiting

• Establishment Clause: freedom of establishing a religion

• Free Exercise: practice any religion

• Free Speech clause

• Freedom of the Press

• Assembly

• Petition Government for a redress of grievances: the people could take their complaints to elected officials and seek to have their issues resolved

2nd Amendment

Right to keep and bear arms (ruled a fundamental right in McDonald v. Chicago).

3rd Amendment

Prohibition of quartering soldiers in private residences.

4th amendment

Right against unlawful search and seizure.

5th Amendment

Due process rights protected

breaks down into five rights or protections:

• the right to a jury trial when you're charged with a crime

• protection against double jeopardy, protection against self-incrimination

• the right to a fair trial

• protection against the taking of property by the government without compensation.

6th amendment

Right to a speedy public trial, right to counsel (lawyer).

7th amendment

Right to a jury trial in a civil case.

8th Amendment

Protection against cruel and unusual punishment and excessive bail

9th amendment

the rights of citizens will be protected whether these rights are listed or not. It also leaves what rights are not listed as an opportunity for interpretation.

10th amendment

Any powers that are not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or to the people at large.

14th amendment

Defines citizenship, limits state governments to protect rights of U.S. citizens States may not make laws that deprive US Citizens of privileges and immunities, may not deny life, liberty, or property without due process, may not deny equal protection of the laws

15th amendment (suffrage amendment)

guaranteed that the right to vote could not be denied based on “race, color, or previous condition of servitude

17th amendment

calls for the direct election of senators by the voters instead of their election by state legislatures.

24th amendment

prohibited states from requiring payment of a poll tax as a condition for voting in federal elections.

25th amendment

Clarified Presidential succession in the event of death or incapacity or Presidential resignation

12th amendment

series of adjustments to the Electoral College system. For the electors, it was now mandated that a distinct vote had to be taken for the president and the vice president. Further, one of the selected candidates must be someone who is not from the same state as the elector.

26th amendment

Established 18 as the voting age (from 21)

Federalist 70

Hamilton

Argues for a singular executive that should be characterized by its energy.

• it needs to act quickly and decisively, is important in matters of national security. a delay caused by disagreement can lead to endanger the country security.

• It is also easier to assess blame and accountability, not loke the senate and the house

• secrecy

Federalist 78

The Judiciary Department, Hamilton

Argues for an independent national judiciary, which is needed to protect the sanctity of the constitution from overreach from the other branches. This does not give them a higher power compared to the other 2 b, because the judges are subject to impeachment, and congress has control over the lower courts.

• life terms, appointed no salary reduction

This paper argues about judiciary review, however, this power is never explicitly stated in the constitution. This is the only power that would make this branch as powerful as the other ones.

the court does not issue unpopular rules, they need to maintain their dignity.

Marbury v. Madison

Judicial Review was firstly recognized in this case

Marbury, a judge appointed by John Addams, was denied by congress.

The court sayed that was unconstituttional, utilizing the judicial review for the first time, and accuaring the power to interpret the constitution.

Article 3

Engel v. Vitale

Prayers in school of New York

Does a New York state law that mandates daily recitation of a non-denominational prayer violate the establishment clause of the constitution? YES, and applicable to the states.

1st amendment, establishment clause

Wisconsin v. Yoder

1st amendment, free exercise clause

amish no school

Families religious belifs and practices outweighted the state interest in making the children attend school beyond the eight grade.

Schenck v. United states

Did schencks conviction under the espionage act for criticizing the drtaft violates the first amendment?NO

There are limits to free speech, it also serves as an example of how rightscan belimited during emergencies or war.

1st amendment, freedom of speech

Tinker v. Des Moines

Do the first amendment free speech provisions protect the right oif studentswho choiose to wear arm bands as a means of protest?

• Symbolic speech

• as long as it is not d1st amendment, free speech clause