APGOPO Ultimate Review

Marbury v. Madison

Judicial Review Case; Supreme Court has the power of judicial review and can strike down unconstitutional actions of Congress.

McCulloch v. Maryland

Bank Case (Maryland tries to tax national bank out of existence); Congress had power to create a national bank as part of its implied powers under the Necessary and Proper Clause and Supremacy Clause

Schenck V. United States

WWI Anti-Draft Pamphlet case; handing out anti-draft pamphlets during WWI presented a clear and present danger to national security so Schenck’s speech was not protected under the 1st Amendment

Brown v. Board of Education

Racially Segregated schools case. Racially segregated schools are inherently unequal because they produce psychological feelings of inferiority in the minds of segregated African-= American school children (dolls test)

Baker v Carr

One Person one vote case (people from rural areas had same legislative representation as more people in a legislative district in an urban area); Legislative/congressional districts must have approximately the same number of people to satisfy the 14th amendment equal protection act

Engle v. Vital

School-sponsored prayer case; school sponsored prayer struck down as an unconstitutional violation of the 1st amendment Establishment clause

Gideon v. Wainwright

Gideon had no attorney at his first trial; Gideon wins and the 6th amendment right to counsel applies to the states

tinker v. Des Moines Independent Community School District

Black Armbands in school case; students allowed to wear black armbands

New York times v United States

Pentagon Papers Case; New York times could publish secret government study because no one got killed

Wisconsin v. Yoder

Amish School Case; Amish family allowed to pull their child out of public school because of the Free Exercise of religious freedom

Shaw v. Reno

Congressional district drawn for express purpose of created a district for African Americans; district ruled unconstitutional because racial gerrymandering violates the equal protection clause

U.S. v Lopez

Gun Free School Zones Act; Gun Free School Zones Act struck down because schools are a reserved power of the states

McDonald v. Chicago

Chicago bans handguns; ban on handguns struck down because 2nd Amendments right to bear arms applies to state and local governments via the due process clause of the 14th amendment

Citizens United v. Federal Election committee

Anti-Hillary Clinton movie censored case; censorship was unconstitutional because campaign donations are protected political free speech under the First Amendment

Griswold v. Connecticut

The Supreme court interpreted the due process clause of the 14th amendment to protect the right of privacy from government infringement, in this case interpreting a married couupl’s use of contraceptives as protected, fundemental right of privacy

Brutus 1

Anti-federalist writing that adhered to popular democratic theory that emphasized the benefits of a small, decentralized republic while warning of the dangers to personal liberty from a large, centralized government

Articles of Confederation

original governing document of the United States, establishing a one-branch government with a unicameral legislature and strong state sovereignty as the basis of government. Known for its failures in not having the power to tax, coin money, or regulate interstate commerce

United States Constitution

Governing document for the United States. Known for having a strong federal government with the power to tax, coin money, and regulate interstate commerce. Example of a social contract and establishes a system of limited government. Provides the blueprint for a unique form of democratic government

Declaration of Independence

Justifies breaking away from Great Britain because King George III was imposing tyrannical taxes without representation. Restates the philosophy of natural rights, and provides a foundation for popular sovereignty

Federalist 10

James Madison argued in this document that the U.S. Constitution should be ratified because of the superiority of a large republic in controlling the “mischiefs of faction”, delegating authority to elected representatives and dispersing power between the states and national government

Federalist 51

Explains how constitutional provisions of separation of powers and checks and balances control potential abuses by majorities

Federalist 70

Offers justification for a single executive by arguing a strong executive is “essential to the protection of the country against foreign attacks, to the steady administration of the laws, to the protection of property”

Federalist 78

Hamilton argues that the judicial branch is the weakest of the three branches because it does not have the power to enforce laws, so it needs powers like judicial reviews and lifetime tenure for judges to stay above politics.

Letter form a Birmingham Jail

MLK successfully advocated direct action (protests, marches, speeches, boycotts) to desegregate private business in Birmingham, Alabama. The civil rights movement is evidence of how the equal protection clause can support and motivate social movements.

Preamble

“We the People of the United states, in order to from a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general welfare, and secure the blessings of Liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America”

Article 1

Legislative Branch

Article 2

Executive Branch

Article 3

Judicial Branch

Article V

Amendment procedure: 2/3 of House and Senate introduce, ¾ states ratify

Article VI

Supremacy Clause

1st Amendment

Protects the four great liberties: freedom of religion, of speech, of the press, and of assembly. Also protects the right to petition the government for a redress of grievances

2nd Amendment

Guarantees the right to bear arms

4th Amendment

Prohibits unreasonable searches and seizures and requires a judge to sign a warrant for arrest if there is probable cause found that a crime has been committed

5th Amendment

Protects persons accused of crimes including protection against double jeopardy, self-incrimination, and ensures that criminal defendants receive due process of law

6th Amendment

Guarantees rights of persons accused of crimes such as the right to counsel, right to a jury of peers, and the right to a speedy and public trial

8th Amendment

Bans cruel an unusual punishments as well as excessive fines

9th Amendment

there can still be rights not listed in the Bill of Rights, such as the right to privacy

10th Amendment

Powers not held by the federal government are reserved to the states and the people

14th Amendment

Birthright citizenship, due process clause, equal protection clause

15th Amendment

Adopted in 1870 to extend suffrage to African Americans

17th Amendment

People Directly elect U.S. senators, not state legislatures anymore

19th Amendment

guarantees women the right to vote

22nd Amendment

Limits president to two terms

24th Amendment

Declared poll taxes void in federal elections

26th

voting age from 21 to 18

Civil Rights Act of 1964

Prohibits discrimination in public places, provides for the integration of schools and other public facilities, and makes employment discrimination illegal

Voting rights Act of 1965

Bans literacy tests and prohibits racial discrimination in voting

Title IX of the Education Amendments Act of 1972

Prohibits sex discrimination in any education program or activity receiving federal financial assistance