ap government slay

Marbury v. Madison

Judicial review - he supreme court's job is to uphold the constitution by striking down unconstitutional laws - midnight judges

McCulloch v Maryland

states can’t tax federal government, and govt can make a federal bank - The US created a national bank, and the states wanted to tax it.

Schenck v. United States

Clear danger is not free speech - espionage act violation WW1

Brown v Board

Ended racial segregation - Overturned the earlier case Plessy v. Ferguson (1896), which had allowed segregation under "separate but equal." Violates the Equal Protection Clause of the 14th Amendment.

Baker v. Carr

Racial gerrymandering violates 14th - Federal courts were allowed to settle on redistricting, deemed non-political and a violation of the equal protection clause of 14th amendment.

Engel v. Vitale

No school prayer - New York proposed nondenominational prayer for students to recite after pledge of allegiance. Children could opt out with permission from parents. Engel challenged practice, violated establishment clause

Gideon v. Wainwright

States must provide attorneys - Gideon was charged with a felony and requested that the state appoint a lawyer for him; he was homeless. He was denied because the Florida law said attorneys could only be appointed in a capital case. Gideon represented himself and was found guilty. He appealed to the supreme court, they agreed. States must provide attorneys, extends procedural due process through 14th

Tinker v. Des Moines

Symbolic speech is protected - arm bands

New York Times Company v. U.S

no prior restraint of media - pentagon papers

Wisconsin v. Yoder

Religion can overpower state law - The Amish said kids shouldnt be in school past 8th grade, but Wisconsin law said kids must be educated up to 16. Parents who took kids out early were fined. Yoder said the free exercise clause was violated, Wisconsin said interest in educating children trumped free exercise. Court sides with Yoder

Shaw v. Reno

Redistricting based on race is limited - North Carolina created a bizarrely shaped district to increase black representation, complying with the voting rights act. Residents may challenge majority-minority districts if race was the only factor used in creating the district, which violates Equal Protection Clause.

United States v. Lopez

Commerce clause power is limited - A high school student, Alfonso Lopez, was arrested for bringing a gun to school. He was charged under the Gun-Free School Zones Act. Congress said it had the power to make that law because of the Commerce Clause. Court ruled that carrying a gun in a school zone is not an economic activity. Limit the power of Congress under the Commerce Clause.

Citizens United v. Federal Election Commission (FEC)

The Supreme Court ruled that corporations and unions can spend unlimited money on political campaigns, as long as they do not give money directly to candidates. (SuperPAC)

Citizens United, a conservative group, wanted to air a film critical of Hillary Clinton close to an election. The Bipartisan Campaign Reform Act said they couldn’t because it counted as “electioneering.” The Court said this law violated the First Amendment’s free speech protections

McDonald v. Chicago

States have the right to bear arms - DC vc Heller established an individual right to bear arms for self defense after a handgun ban. Lawsuits followed this, challenging similar handgun bans in Chicago. They were denied licenses for handguns. Through the 14th, the right to bear arms applied to the states.

The Articles of Confederation

Weak central government, some state power. Only a legislative branch, each state had one vote regardless of size, no congress power to enforce laws, unanimous amendments, no tax

Federalist 51

CHECKS AND BALANCES Madison advocates checks and balances and separation of powers (3 branches) in a limited government; Give govt. enough power to protect people, but check that they don't have too much abusive power

Brutus 1

BILL OF RIGHTS wanted to challenge the constitution, and thought that a strong central government was too powerful. The anti-federalists feared the power of the government and thought it would override the people.

Federalist 10

STRONG CENTRAL GOVERNMENT, CONSTITUTION RATIFICATION The Federalist Papers wanted to ratify the constitution, and supported a strong central government. The Articles of Confederation were proved weak during Shays Rebellion because it could not enforce laws or an army. The federalists wanted a strong central government and a new constitution to fix these issues. The anti-federalists criticized the Federalist papers, saying that a large republican style government did not work in history, and that the necessary and proper clause could render the state governments unnecessary.

Federalist 70

UNITARY PRESIDENT Hamilton defends installing a unitary executive (one president) Government needs an active and decisive president with energy, a weak president makes an ineffective govt, sufficient powers and term length, subject to the people, and dependence on the people. Single is better than plural - more secrecy, speed, and activity. Easier to assign blame. Unitary president is essential to protect against foreign attacks, administration of laws, and protection of property and liberty.

Federalist 78

JUDICIAL BRANCH America needed a judicial branch, Hamilton wrote this. Judges hold offices during good behavior (life term) to keep this branch independent, rule with impartiality, not worry about reelection, don't have to learn a lot of law, and be an intermediate power between people and legislature. However, too much power is given to judges because they can't be replaced.

1st amendment

Freedom of religion, speech, press, assembly, and petition.

2nd amendment

Right to keep and bear arms.

3rd amendment

No forced housing of soldiers in peacetime.

4th amendment

Protection against unreasonable searches and seizures.

5,6,7,8 amendment

Rights of the accused

9th amendment

People have rights beyond those listed in the Constitution.

10th amendment

Powers not given to the federal government belong to the states or people.

Establishment Clause (1st)

Govt cant establish an official religion, favor one religion, or prefer non-religion over religion vice versa

Free Exercise Clause (1st)

Citizens can practice any religious beliefs, can break laws for religious reasons

Privileges or Immunities Clause (14th)

Citizens have same basic rights in every state, like speech

Due Process Clause (14th)

States cannot deprive inalienable rights without due process (5th)

Equal Protection Clause (14th)

Stops state govt from passing discriminatory laws, like civil rights

Necessary and Proper Clause

Gives congress power to make laws necessary to carry out delegated powers

Supremacy Clause

Federal government policy had supremacy over state policy

Commerce Clause

Federal government only can regulate interstate commerce, anything that affects interstate trade

Full Faith and Credit Clause

States must respect the laws and judgements of other states (like drivers licenses)

Advice and Consent Clause

Senate confirms presidential appointment