Ap Gov

McCulloch vs Maryland

• Congress created 2nd bank, state gov taxed the bank, McCulloch refused to pay the tax

• federal government has implied powers (necessary and proper clause) and supremacy clause (federal law is superior to state laws)

US vs Lopez

• federal government created gun free school zones, student came with gun, arrested and charged

• no substantial impact on interstate commerce so Congress can’t regulate, local not national issue

Citizens United vs FEC

• CU wanted to release Hillary Clinton movie before primary election, FEC said no because of BCRA, can’t be released within 30 days

• corporations have free speech and rights can’t be restricted before an election

Marbury vs Madison

• Marbury didn’t get commission after elections, went to court based on judiciary act

• judiciary act conflicted with article 3, didn’t give original jurisdiction to supreme court, established judicial review, court became more powerful

Baker vs Carr

• Tennessee legislative districts didn’t have equal people because of pop. shift, supposed to change districts but didn’t

• 14 amendment equal protection clause against state officials is districts are disproportionately populated

Shaw vs Reno

• NC gained a district, new congressional districts were formed, one majority-minority district, made another oddly shaped district based on race

• violates 14th amendment equal protection clause when race is used as the main factor for redistricting

Engel vs Vitale

• NY schools led prayer every day, non-denominational, students have to participate

• violated establishment clause of first amendment through 14th amendment due process clause, established religion over non religion, set boundaries in public schools

Wisconsin vs Yoder

• Amish didn’t want to send their kids to school after 8th grade, Wisconsin law until 16yrs

• violated free exercise clause of 1st amendment clause through 14th amendment due process clause, family’s beliefs outweighed state’s interest

Schenck vs US

• Schenck protested war by distributing leaflets to urge people to resist the draft using peaceful actions, charged with espionage act

• court set clear and present danger test, if protest affects national security gov. can limit speech

Tinker vs Des Moines

• students wore black armbands to school to protest Vietnam War, didn’t remove it when asked, they were suspended

• schools can limit speech if it disrupts learning environment but this didn’t, affects 1st amendment through 14th amendment due process clause

NY Times vs US

• gov. tried to stop NY Times from printing pentagon papers that showed gov. was lying about Vietnam War

• held that prior restraint to prevent publication was unconstitutional, heavy presumption against prior restraint even in cases of national security

McDonald vs Chicago

• McDonald wanted to keep a handgun for protection, Chicago had a ban

• 2nd amendment applies to states through 14th amendment due process clause, people can have handguns for protection, right to bear arms can be regulated

Gideon vs Wainwright

• Gideon was not given an attorney for a case, didn’t have special circumstances, represented himself poorly and was found guilty

• incorporated 6th amendment right to an attorney through 14th amendment due process clause, essential to a fail trial

Brown vs Board of Education

• African American students were denied entry to school based on segregation

• “separate but equal” for racial minorities was unequal, violated equal protection clause of 14th amendment

Declaration of Independence

• freedom from Great Britain

• Popular sovereignty: power comes from people

• social contract theory: give up right to rule ourselves for stable society

• republicanism: elect people to represent people in government

• natural rights: life, liberty, and property

Articles of confederation

• 1st gov

• failed

• gave power to states

Consitution

• 3 branches

  • Legislative 1

  • executive 2

  • judicial 3

• power of federal gov vs states

• to amend constitution

  • 2.3 congress of 2/5 states for national convention

  • ratify ¾ legislatures or ¾ state ratifying conventions

• our freedoms

  • bill of rights

• 27 amendments

13th amendment

ended slavery

14th amendment

citizenship, equal protection, due process (selective incorporation)

15th amendment

can’t stop people from voting based on race

17th amendment

direct election of senators

19th amendment

women can vote

22nd amendment

2 terms or up to 10yrs for president

23rd amendment

DC can vote

24th amendment

no poll taxes

26th amendment

18 yr olds voting

Fed 10

• can’t stop factions from forming (special interest groups)

• control in a large republic with frequent elections

• no one faction can become too powerful

Brutus 1

• constitution gives too much power to fed gov.

  • supremacy clause

  • necessary and proper clause

  • article 3

• can’t protect freedoms in large republic

  • too diverse

  • corruption

  • doesn’t represent will of people

fed 51

• power will be divided between 3 branches

• checks and balances

• power divided between fed and state gov

• power won’t be centralized

fed 70

• argues for strong executive

• need energy (can’t be weak)

• needs to protect against foreign attacks

• protect property

• secure liberty

fed 78

• need a federal judiciary

• power of judicial review

  • help when laws conflict

• courts can’t subject view over legislatures

• independent and weaker than other 2 branches

  • no power of purse

  • no power of sword

• case for lifetime appointments

  • guard constitution and rights

Letter from Birmingham Jail

• brutal treatment of black people

• advocate for non-violent direct action

• just vs unjust laws (man made code with moral law vs not natural laws)

• don’t accept discrimination

• disappointed in white moderates that tell black people to wait