Principle/Clause: Article III- Judicial Review Holding: The Supreme Court is allowed to nullify an act of the legislative or executive branch that violates the Constitution
New cards
2
McCulloch vs. Maryland (1819)
Principle/Clause: Elastic Clause (Necessary and Proper Clause)/ Supremacy Clause Holding: Established supremacy of the US Constitution and federal laws over state laws
New cards
3
Schenck v. United States (1919)
Principle/Clause: First Amendment Free Speech Holding: Speech creating a "clear and present danger" is not protected
New cards
4
Brown v. Board of Education I (1954)
Principle/Clause: 14th Amendment Equal Protection Clause Holding: Raced based segregation is illegal
New cards
5
Baker v. Carr (1961)
Principle/Clause: 14th Amendment Equal Protection Clause Holding: Established "one man, one vote" and opens door to courts to reviewing redistricting challenges
New cards
6
Engle v. Vitale (1962)
Principle/Clause: 1st Amendment Establishment Clause Holding: Schools cannot sponsor religious activities. No state sponsored prayer
New cards
7
Gideon v. Wainwright (1963)
Principle/Clause: Sixth Amendment Right to Counsel Holding: Guarantee of an attorney for the poor or indigent
New cards
8
Tinker v. Des Moines Independent Community School District (1969)
Principle/Clause: First Amendment- Freedom of Speech (Symbolic Speech) Holding: Public school students have the right to wear black armbands in school to protest the Vietnam War because it does not cause a disruption
New cards
9
New York Times Co. V. United States (1971)
Principle/Clause: First Amendment- Freedom of Press Holding: Establishes a "heavy presumption against prior restraint" even in cases involving national security
New cards
10
Wisconsin v. Yoder (1972)
Principle/Clause: First Amendment- Free Exercise Clause Holding: Cannot compel Amish students to attend school past the eighth grade
New cards
11
Roe v. Wade (1973)
Principle/Clause: Due Process Clause and 9th Amendment implied right of privacy (establish through Griswold v. CT) Holding: Protects the right of a woman to have an abortion
New cards
12
Shaw v. Reno (1993)
Principle/Clause: 14th Amendment Equal Protection Clause Holding: Legislative redistricting must be conscious of race
New cards
13
United States v. Lopez (1995)
Principle/Clause: Commerce Clause Holding: Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime
New cards
14
McDonald v. Chicago (2010)
Principle/Clause: 14th Amendment due process clause, Privileges and Immunities Clause, 2nd amendment Holding: Right to keep and bear arms for self-defense applies to the states
New cards
15
Citizens United v. FEC (2010)
Principle/Clause: 1st Amendment Free Speech Holding: Political spending by corporations, associations, and labor unions is protected and cannot be limited by law; Money \= Speech
New cards
16
Declaration of Independence
Natural rights - people are born with them; government to protect them Popular sovereignty - people \= source of power; abolish unjust gov't. Social contract
New cards
17
Articles of Confederation
States were sovereign Each state had 1 vote Congress couldn't collect taxes or regulate interstate commerce No executive or judicial branches States basically did what they wanted
New cards
18
Constitution
Separation of powers Checks and balances Federalism Republican form of government Limited government Bill of Rights and amendments
New cards
19
Federalist \#10
Madison says factions are the biggest threat facing republic Factions are groups that don't want what's best for everyone Factions are inevitable because of liberty - can't get rid of them without taking away liberty You can control negative effects of factions but not through democracy - that would lead to tyranny of majority Rather, best solution to control effects is a large republic
New cards
20
Brutus \#1
Advocates for small republic Warns that if you give up power, you will never get it back Elastic clause is fearful because it gives the government absolute power Power to tax leads to tyrannical government Federal government would destroy the states
New cards
21
Federalist \#51
Since men aren't angels, there is a need for government to limit the ambition of men However, need for limited government because they can become corrupt Separation of powers - divide power amongst the 3 branches in order to counteract ambition Checks and balances - each branch will guard its own power and keep the other branches in check Congress has the most power of the 3 hence it's divided into 2 houses so they can check each other's powers
New cards
22
Federalist \#70
Hamilton argues for unitary executive Executive must be strong and energetic Congress needs to be slow to act while executive needs to act fast and one person can act faster than group
New cards
23
Federalist \#78
Judiciary is the least dangerous branch because they can't make laws, declare war or even enforce their own rulings Life terms for judges so they are not bound to political/outside pressure Power of judicial review
New cards
24
Letter from a Birmingham Jail
Demand that the ideals of the DoI and Constitution (14th amendment) finally applied to all List of grievances (similar to DoI) Freedom has never been given, only get when demanded Advocates for civil disobedience
New cards
25
Constitution-Article 1
Creates the two parts of Congress. They are responsible for making laws.
New cards
26
Constitution-Article 2
Creates the job of President, called the Executive. Responsible for enforcing the laws.
New cards
27
Constitution-Article 3
Establishes Judges, called the Judiciary. They decide if a law is allowable, or if it goes against the Constitution.
New cards
28
Constitution-Article 4
States Rights.
New cards
29
Constitution-Article 5
How to change the Constitution.
New cards
30
Constitution-Article 6
Concerns the United States.
New cards
31
Constitution-Article 7
Explained how the Constitution was agreed to.
New cards
32
1st Amendment
Protects the people's right to practice religion, to speak freely, to assemble (meet), to address the government and of the press to publish.
New cards
33
2nd Amendment
Protects the right to own guns.
New cards
34
3rd Amendment
Guarantees that the army cannot force homeowners to give them room and board.
New cards
35
4th Amendment
Protects the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause (good reason).
New cards
36
5th Amendment
Protects people from being held for committing a crime unless they are properly indicted, that they may not be tried twice for the same crime, and that you need not be forced to testify against yourself. It also contains due process guarantees.
New cards
37
6th Amendment
Guarantees a speedy trial, an impartial jury, and that the accused can confront witnesses against them, and that the accused must be allowed to have a lawyer.
New cards
38
7th Amendment
Guarantees a jury trial in federal civil court cases. This type of case is normally no longer heard in federal court.
New cards
39
8th Amendment
Guarantees that punishments will be fair, and not cruel, and that extraordinarily large fines will not be set.
New cards
40
9th Amendment
Simply a statement that other rights aside from those listed may exist, and just because they are not listed doesn't mean they can be violated.
New cards
41
10th Amendment
Says that any power not granted to the federal government belongs to the states.
New cards
42
11th Amendment
Enacted on February 7, 1795 Says how someone from one state can sue another state.
New cards
43
12th Amendment
Enacted on June 15, 1804 Redefines how the President and Vice-President are chosen by the Electoral College.
New cards
44
13th Amendment
Enacted on December 6, 1865 Abolished slavery in the entire United States.
New cards
45
14th Amendment
Enacted on July 9, 1868 People had rights on the federal level and on the state level, too. Dealt with citizenship, due process, equal protection under the law.
New cards
46
15th Amendment
Enacted on February 3, 1870 Ensured that a person's race could not be used as criteria for voting.
New cards
47
16th Amendment
Enacted on February 3, 1913 Authorizes the United States to collect income taxes.
New cards
48
17th Amendment
Enacted on April 8, 1913 Shifted the choosing of Senators from the state legislatures to the people of the states.
New cards
49
18th Amendment
Enacted on January 16, 1919 Abolished the sale or manufacture of alcohol in the United States.
New cards
50
19th Amendment
Enacted on August 18, 1920 Women's suffrage.
New cards
51
20th Amendment
Enacted on January 23, 1933 Set new start dates for the terms of the Congress and the President.
New cards
52
21st Amendment
Enacted on December 5, 1933 Repealed the 18th Amendment.
New cards
53
22nd Amendment
Enacted on February 27, 1951 Set a limit on the number of times a President could be elected - two four-year terms.
New cards
54
23rd Amendment
Enacted on March 29, 1961 Grants the Washington D.C. the right to three electors in Presidential elections.
New cards
55
24th Amendment
Enacted on January 23, 1964 Ensured that no tax could be charged to vote for any federal office.
New cards
56
25th Amendment
Enacted on February 10, 1967 Establishes rules for a President who becomes unable to perform his duties while in office.
New cards
57
26th Amendment
Enacted on July 1, 1971 Ensures that any person 18 or over may vote.
New cards
58
27th Amendment
Enacted on May 7, 1992 Any law that increased the pay of legislators may not take effect until after an election.
Studied by 76 people
