FCLE Study Guide

Marbury v. Madison (1803)

• Constitutional principle: Judicial review

• The Supreme Court may declare laws or government actions unconstitutional.

• Strengthened the judicial branch as a check on Congress and the president.

• Memory cue: Courts can review laws

McCulloch v. Maryland (1819)

• Constitutional principles: Federalism, implied powers, Necessary and Proper Clause

• Congress has powers that are reasonably implied by its enumerated powers.

• Maryland could not tax the national bank.

• Federal law is supreme over conflicting state law.

• Memory cue: Federal bank beats state tax.

Dred Scott v. Sandford (1857)

• Constitutional issues: Citizenship and slavery

• Ruled that enslaved people and their descendants were not U.S. citizens.

• Ruled that Congress could not prohibit slavery in federal territories.

• The decision was later overturned by the 13th and 14th Amendments.

• Memory cue: Denied citizenship; expanded slavery.

Plessy v. Ferguson (1896)

• Constitutional issue: Fourteenth Amendment Equal Protection Clause

• Upheld racial segregation under the doctrine of “separate but equal.”

• Allowed legally enforced segregation for decades.

• Later rejected in public education by Brown v. Board of Education.

• Memory cue: Separate but equal.

Schenck v. United States (1919)

• Constitutional issue: First Amendment freedom of speech

• Upheld restrictions on speech during wartime.

• Established the historical “clear and present danger” test.

• Speech received less protection when it created an immediate serious threat.

• Memory cue: Dangerous speech may be restricted.

Korematsu v. United States (1944)

• Constitutional issues: Equal protection, civil liberties and executive power

• Upheld the wartime exclusion of Japanese Americans from designated areas.

• Accepted the government’s national-security justification during World War II.

• The ruling is now widely condemned and has been formally repudiated.

• Memory cue: Japanese American exclusion upheld.

Brown v. Board of Education (1954)

• Constitutional issue: Fourteenth Amendment Equal Protection Clause

• Ruled that racial segregation in public schools is unconstitutional.

• Declared that separate educational facilities are inherently unequal.

• Rejected Plessy’s “separate but equal” doctrine in public education.

• Memory cue: School segregation is unequal.

Mapp v. Ohio (1961)

• Constitutional issue: Fourth Amendment protection from unreasonable searches

• Applied the exclusionary rule to state and local governments.

• Evidence obtained through an unconstitutional search generally cannot be used in court.

• Applied through the Fourteenth Amendment.

• Memory cue: Illegal search means excluded evidence.

Baker v. Carr (1962)

• Constitutional issue: Fourteenth Amendment Equal Protection Clause

• Ruled that federal courts may hear challenges involving legislative district boundaries.

• Helped establish the principle of “one person, one vote.”

• Required voting districts to provide substantially equal representation.

• Memory cue: Courts can review unequal districts.

Engel v. Vitale (1962)

• Constitutional issue: First Amendment Establishment Clause

• Government officials may not organize or sponsor prayer in public schools.

• The prayer was unconstitutional even though it was brief and voluntary.

• Protects against government establishment of religion.

• Memory cue: No state-sponsored school prayer.

Gideon v. Wainwright (1963)

• Constitutional issue: Sixth Amendment right to counsel

• States must provide an attorney to indigent defendants charged with serious crimes.

• Applied the right to counsel to state courts through the Fourteenth Amendment.

• Helps guarantee a fair criminal trial.

• Memory cue: Cannot afford a lawyer? One is provided.

Miranda v. Arizona (1966)

• Constitutional issues: Fifth and Sixth Amendment rights

• Police must inform suspects in custody of their rights before interrogation.

• Rights include remaining silent and having an attorney.

• Statements may be excluded when required warnings are not given.

• Memory cue: Right to remain silent.

Tinker v. Des Moines Independent Community School District (1969)

• Constitutional issue: First Amendment freedom of speech

• Students wore black armbands to protest the Vietnam War.

• Students retain constitutional speech rights while at school.

• Schools may restrict speech that causes or is reasonably expected to cause substantial disruption.

• Memory cue: Students have speech rights.

New York Times Co. v. United States (1971)

• Constitutional issue: First Amendment freedom of the press

• The government attempted to stop publication of the Pentagon Papers.

• The Court rejected the government’s attempt to impose prior restraint.

• The government carries a very heavy burden when trying to prevent publication.

• Memory cue: Government usually cannot stop publication beforehand.

Wisconsin v. Yoder (1972)

• Constitutional issue: First Amendment Free Exercise Clause

• Amish parents challenged compulsory schooling past the eighth grade.

• The Court protected their sincere religious practice.

• Religious liberty outweighed the state’s interest under the circumstances.

• Memory cue: Amish religious freedom and schooling.

Roe v. Wade (1973)

• Constitutional issue: Fourteenth Amendment liberty and privacy

• Historically recognized a constitutional right to obtain an abortion before fetal viability.

• Limited the government’s ability to prohibit abortion.

• Roe was overruled by Dobbs v. Jackson Women’s Health Organization in 2022.

• Memory cue: Historical abortion-rights ruling; later overturned.

United States v. Nixon (1974)

• Constitutional principles: Separation of powers, executive privilege and rule of law

• President Nixon refused to release recordings related to the Watergate investigation.

• The Court ruled that executive privilege is not absolute.

• The president must comply with valid judicial orders in a criminal investigation.

• Memory cue: The president is not above the law.

Regents of the University of California v. Bakke (1978)

• Constitutional issue: Fourteenth Amendment Equal Protection Clause

• Rejected rigid racial quotas in university admissions.

• Historically allowed race to be considered as one factor in a broader admissions process.

• Addressed affirmative action and equal protection.

• Memory cue: No fixed racial quotas.

Hazelwood School District v. Kuhlmeier (1988)

• Constitutional issue: First Amendment student press rights

• A principal removed articles from a school-sponsored newspaper.

• Schools may regulate school-sponsored student expression for legitimate educational reasons.

• Provides schools more control than Tinker when the speech appears school-sponsored.

• Memory cue: Schools can regulate school-sponsored speech.

Texas v. Johnson (1989)

• Constitutional issue: First Amendment freedom of speech

• Ruled that burning the American flag as political protest is protected symbolic speech.

• The government cannot prohibit expression merely because it is offensive.

• Protects nonverbal political expression.

• Memory cue: Flag burning is protected speech.

Shaw v. Reno (1993)

• Constitutional issue: Fourteenth Amendment Equal Protection Clause

• Concerned voting districts drawn primarily according to race.

• Extremely irregular racial gerrymandering may violate equal protection.

• Race cannot be the dominant redistricting factor without sufficient constitutional justification.

• Memory cue: Racial gerrymandering faces strict review.

United States v. Lopez (1995)

• Constitutional issue: Commerce Clause

• Congress made possessing a firearm near a school a federal crime.

• The Court ruled that the activity was not sufficiently connected to interstate commerce.

• Established a limit on Congress’s Commerce Clause power.

• Reinforced federalism and state authority.

• Memory cue: Commerce power has limits.

Bush v. Gore (2000)

• Constitutional issue: Fourteenth Amendment Equal Protection Clause

• Concerned the recount of Florida ballots in the 2000 presidential election.

• Different recount standards treated ballots inconsistently.

• The Court stopped the recount because the process violated equal protection.

• Memory cue: Florida recount stopped.

District of Columbia v. Heller (2008)

• Constitutional issue: Second Amendment right to bear arms

• Recognized an individual right to possess a firearm.

• The right is not limited exclusively to service in a militia.

• Specifically protected possession for lawful purposes such as self-defense in the home.

• The Court also recognized that the right is not unlimited.

• Memory cue: Individual firearm right.

Federalism

• Division of power between national and state governments.

• Some powers are federal, some are state, and some are shared.

Which amendment protects against unreasonable searches and seizures?

• Fourth Amendment.

• Warrants generally require probable cause.

How can Congress check a presidential veto?

Override it with a two-thirds vote in both the House and Senate.

Popular Sovereignty

• Government authority comes from the people.

• “We the People” reflects this principle

What is consent of the governed?

• Government is legitimate only when people agree to be governed.

• Citizens give consent mainly through elections.

What are natural rights?

• Rights people possess simply because they are human.

• Examples include life, liberty and property.

According to the Declaration of Independence, why is government created?

• To protect people’s natural rights.

• Government receives its power from the consent of the governed.

What is the social contract?

• People agree to obey laws and government authority.

• Government agrees to protect rights and maintain order.

What is the rule of law?

• Everyone must obey the law.

• Government officials are not above the law.

What is limited government?

• Government may exercise only the powers granted to it.

• The Constitution and individual rights restrict government power.

What is republicanism?

• Citizens elect representatives to make government decisions.

• Representatives remain accountable through elections.

What does majority rule with minority rights mean?

• The majority usually determines political outcomes.

• The majority cannot take away protected constitutional rights.

What is separation of powers?

• Government power is divided among the legislative, executive and judicial branches.

• Each branch has a different primary function.

What is the difference between separation of powers and checks and balances?

• Separation of powers gives different duties to different branches.

• Checks and balances allow each branch to limit the others.

What are checks and balances?

• Powers that allow each branch to limit the actions of the other branches.

• They help prevent one branch from becoming too powerful.

What is federalism?

• The division of power between the national and state governments.

• Some powers are federal, some are state, and some are shared.

What is due process?

• Government must use fair procedures.

• Government cannot unfairly deprive a person of life, liberty or property.

What is equal protection?

• Government must apply laws without unconstitutional discrimination.

• It is protected by the Fourteenth Amendment.

What are enumerated powers?

• Powers specifically listed in the Constitution.

• Examples include declaring war and coining money.

What are implied powers?

• Powers not specifically listed but reasonably connected to enumerated powers.

• They come mainly from the Necessary and Proper Clause.

What are reserved powers?

• Powers kept by the states or the people.

• They are protected by the Tenth Amendment.

What are concurrent powers?

• Powers shared by federal and state governments.

• Examples include taxation and establishing courts.

Which level of government has the power to coin money?

• The federal government.

Which level of government usually issues driver’s licenses?

• State governments.

Which government power is shared by federal and state governments?

• Taxation is a concurrent power.

What does the Necessary and Proper Clause do?

• Allows Congress to make laws needed to carry out its enumerated powers.

• It is the main source of implied powers.

What is another name for the Necessary and Proper Clause?

• The Elastic Clause.

Which Supreme Court case strongly supported implied powers?

• McCulloch v. Maryland.

What does the Commerce Clause allow Congress to regulate?

• Interstate commerce.

• Foreign commerce.

• Commerce with Native American tribes.

Which case showed that Congress’s Commerce Clause power has limits?

• United States v. Lopez.

What does the Supremacy Clause establish?

• The Constitution, valid federal laws and treaties are the supreme law of the land.

• Conflicting state laws must yield.

Where is the Supremacy Clause located?

• Article VI of the Constitution.

What does the Establishment Clause prohibit?

• Government establishment or official sponsorship of religion.

Which case involved government-sponsored prayer in public schools?

• Engel v. Vitale.

What does the Free Exercise Clause protect?

• The right to hold religious beliefs.

• Many forms of religious practice.

Which case protected Amish religious objections to compulsory schooling?

• Wisconsin v. Yoder.

What does the Full Faith and Credit Clause require?

• States generally must recognize other states’ public records and court judgments.

Which article establishes the legislative branch?

• Article I.

What is the main function of the legislative branch?

• To make federal laws.

What are the two chambers of Congress?

• House of Representatives.

• Senate.

Which branch controls federal taxation and spending?

• The legislative branch.

Which branch has the constitutional power to declare war?

• Congress.

Which article establishes the executive branch?

• Article II.

What is the main function of the executive branch?

• To enforce federal laws.

Who serves as commander in chief?

• The president.

Which article establishes the judicial branch?

• Article III.

What is the main function of the judicial branch?

• To interpret laws and the Constitution.

What is the highest court in the federal system?

• The United States Supreme Court.

• The United States Supreme Court.

• By vetoing legislation.

How can Congress override a presidential veto?

• With a two-thirds vote in both the House and Senate.

Which chamber impeaches federal officials?

• The House of Representatives.

Which chamber conducts impeachment trials?

• The Senate.

What vote is required in the Senate to convict and remove an impeached official?

• A two-thirds vote.

How does the Senate check presidential appointments?

• It may confirm or reject many presidential nominees.

What vote is required for the Senate to approve a treaty?

• A two-thirds vote.

How does the judicial branch check Congress and the president?

• Courts may declare laws or executive actions unconstitutional.

How does the president check the judicial branch?

• The president nominates federal judges.

What is judicial review?

• The power of courts to decide whether laws or government actions are constitutional.

Which case established judicial review?

• Marbury v. Madison.

What was the main purpose of the Declaration of Independence?

• To announce separation from Great Britain.

• To explain why the colonies believed independence was justified.

Who was the primary author of the Declaration of Independence?

• Thomas Jefferson.

Which principles appear in the Declaration of Independence?

• Natural rights.

• Consent of the governed.

• Popular sovereignty.

• Right to alter or abolish an abusive government.

What was the Articles of Confederation?

• The first national governing framework of the United States.

• It created a weak central government

What was a major weakness of the Articles of Confederation?

• Congress could not directly tax citizens.

Why was commerce difficult under the Articles of Confederation?

• Congress lacked sufficient power to regulate interstate and foreign commerce.

Did the Articles of Confederation create a separate national executive?

• No.

Did the Articles of Confederation create a national judicial branch?

No

Why was the Constitution created?

• To replace the weak government under the Articles of Confederation.

• To create a stronger but limited federal government.

What major governmental structure did the Constitution establish?

• Three branches.

• Federalism.

• Separation of powers.

• Checks and balances.

What is the Bill of Rights?

• The first ten amendments to the Constitution.

• They protect individual liberties and limit government power.

Why was the Bill of Rights added?

• To protect individual rights.

• To address Anti-Federalist concerns about national power.

What were the Federalist Papers?

• Essays supporting ratification of the Constitution.

• They explained and defended the proposed government.

Who wrote the Federalist Papers?

• Alexander Hamilton.

• James Madison.

• John Jay.

What pen name was used for the Federalist Papers?

• Publius.

What did Anti-Federalists fear?

• That the national government would become too powerful.

• That individual rights and state authority would be threatened.

What major protection did Anti-Federalists demand?

• A bill of rights.