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Marbury v. Madison (1803)
Court Case that established judicial review
Case arose due to dispute over John Adam's judicial appointment that Jefferson refused to deliver
Pivotal Moment in History that defined the power and role of the supreme court in relation to other branches
Judicial review is a check and balance system that ensure government actions don't violate constitution
Court deemed that the section of the judiciary act of 1789 that authorized the Supreme Court to issue writs of mandamus in this case as unconstitutional because it expanded court's original jurisdiction, beyond what was allowed in constitution.
McCulloch v. Maryland (1819)
In 1816, Maryland passed legislation to impose taxes on the Second Bank of the United States, McCullouch refused to pay taxes.
Was found unconstitutional because the Constitution did not provide a "textual commitment" for the government to establish a bank
Congress possessed powers not explicitly mentioned in the U.S Constitution.
Chief Justice Marshall claimed that while states retained the power of taxation, the Constitution and its laws could not be controlled by the states (Commerce Clause)
Schenck v. the United States (1919)
A Law Involved: Espionage Act of 1917 - Made it illegal to interfere with military recruitment or the draft during WWI (The Draft).
The Court established the "clear and present danger" test to determine when speech can be limited under the First Amendment.
Clear and Present Danger - speech is not protected by the First Amendment if it creates a clear and immediate threat to public safety, national security, or the government's ability to function
The Supreme Court unanimously ruled that Schenck's anti-draft speech was not protected because it posed a clear and present danger to national security.
Brown v. Board of Education (1954)
This case was about the segregation of black and white students in public schools. Questioned whether racial segregation in public schools violated the equal protection clause of the 14th Amendment.
The court ruled that segregation in public schools was unconstitutional.
This case was able to establish desegregation in public schools across the United States and was a huge turning point in the civil rights movement.
Engel v. Vitale (1962)
Supreme court case that ruled school prayers in public schools unconstitutional
Key issue was whether or not prayers in schools led by administration violated the establishment clause of the first amendment
Government established prayers recited in public schools violate the Establishment clause
The purpose of the first amendment was to prevent the government to interfere with religion
Baker v. Carr (1962)
Ruled that federal courts have jurisdiction over state legislative appointment, and can hear cases challenging the fairness of how state legislative districts are drawn
Established the principle of 1 person 1 vote.
1962 case, Charles W. Baker and Tennessee citizens claimed law made to apportion seats for the states General Assembly was ignored
questioned whether Supreme Court had jurisdiction to review legislative apportionment
Courts alleged that states violated the 14th amendment, resulting in legislative apportionment as a justiciable issue.
Gideon v. Wainwright (1963)
When he appeared in court without a lawyer, Gideon requested that the court appoint one for him.
According to Florida state law, however, an attorney may only be appointed to an indigent defendant in capital cases, so the trial court did not appoint one.
Gideon represented himself in trial. He was found guilty and sentenced to five years in prison.
Does the Sixth Amendment's right to counsel in criminal cases extend to felony defendants in state courts?
In a unanimous opinion by Justice Hugo L. Black, the Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own.
The Sixth Amendment's guarantee of a right to assistance of counsel applies to criminal defendants in state court by way of the Fourteenth Amendment.
Tinker v. Des Moines Independent Community School District (1969)
Mary Beth Tinker and Christopher Eckhardt (students) wore armbands to school to protest Vietnam War
Does prohibiting the armbands violate the 1st amendment?
Supreme Court ruled that the armbands represent "pure speech" (they were allowed to wear the armbands) and students did not lose their 1st amendment rights in school
New York Times Co. v. United States (1971)
The ruling made it possible for The New York Times and The Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment.
The question before the court was whether the constitutional freedom of the press, guaranteed by the First Amendment, was subordinate to a claimed need of the executive branch of government to maintain the secrecy of information.
The Government's power to censor the press was abolished so that the press would remain forever free to censure (complain about) the Government.
Wisconsin v. Yoder (1972)
A case about the rights of Amish parents to withdraw their kids from compulsory education due to religious reasons.
The Supreme Court ruled that Amish parents had the right to freely exercise their religion was outweighed the state's interest in education. (Free Exercise Clause)
Parents could withdraw their kids after 8th grade.
This case showed the importance of religious freedom and gave light to the Amish community and their beliefs.
Roe v. Wade (1973)
The SC ruled that the constitution protects a woman's right to choose an abortion until fetal viability
It fell under the 14th Amendment Due Process Clause ( substantive process )
The course reasoning was that it existed under the constitution the decision was opinionated
Shaw v. Reno (1993)
US attorney general rejected a congressional reappointment plan for creating only one black majority district
north Carolina submitted another making 2 but one was small and oddly shaped, causing people to think it was just to secure the black vote
District court said there was no constitutional claim, so it was taken to the Supreme Court With the claim this was a case of racial gerrymandering and that it violated the 14th amendments equal protection clause
Court ruled saying it was unlawful to gerrymander based on race
United States v. Lopez (1995)
the Supreme Court ruled 5-4 that the Gun-Free School Zones Act of 1990 was unconstitutional
The law prohibits firearm possession within 1,000 feet of a school
Lopez was arrested for carrying a weapon to his high school and then challenged his conviction
Court ruled in favor of Lopez, marking the first time in over 50 years that it limited Congress's commerce power
Supreme Court limited the power of congress under the commerce clause prohibiting gun possession in school zones
McDonald v. Chicago (2010)
In 2010, the Supreme Court case McDonald v. City of Chicago addressed whether the Second Amendment's right to bear arms applies to state and local governments. The case stemmed from a challenge to Chicago's strict gun control laws, which included a ban on new handgun registrations and registration for possessing a firearm. Otis McDonald and others, argued that these laws violated their Second Amendment rights.
Decision: 5-4, affirmed that the second amendment was incorporated through the 14th amendment and applies to state and local governments.
Reasoning: Individuals have the right to own firearms for self-defense, and that states and cities cannot ban such ownership.
Citizens United v. Federal Election Commission (2010)
Citizens United sought an injunction against the federal election commission in the United States District Court for the District of Columbia to prevent the application of the Bipartisan Campaign Reform Act. (BCRA)
To regulate "Big money" campaign contributions the BCRA applied a variety of restrictions to "electioneering communications."Section 203 prevents corporations or labor unions from funding.
The United States District Court denied the injunction. Section 203 was not unconstitutional because it violates the first amendment .
Federalist No. 10
an essay in which Madison argues that the dangers of faction can be mitigated by a large republic and republican government
Brutus No. 1 (1787)
an Antifederalist Paper arguing that the country was too large to be governed as a republic and that the Constitution gave too much power to the national government
Declaration of Independence (1776)
The fundamental document establishing the US as an independent nation, adopted on July 4, 1776. It declared the 13 colonies independent from Britain, offered reasons for the separation laid out the principles for which the Revolution was fought
Articles of Confederation
1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)
Bill of Rights, 1791
Popular term for the first ten amendments to the U.S. Constitution. The amendments secure key rights for individuals and reserve to the states all powers not explicitly delegated or prohibited by the Constitution.
Federalist No. 51 (1788)
Separation of powers guards against tyranny; bicameral legislature elected differently with different powers ensures branch doesn't dominate; checks and balances should cause branches to complete with one another.
"Letter from a Birmingham Jail," 1963
A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. He was disappointed more Christians didn't speak out against racism. Advocated nonviolence protest methods
Federalist No. 78, Brutus essays
Robert Yates (anti-federalist) argues the judiciary is too powerful because they are independent, the preamble can extend their power to virtually every case, no authority can remove them from office or lower their salaries, and they can only be removed for "corrupt motives" and not "a mistake in judgement."
Federalist 70-71
- energy in the executive is a leading character in the definition of good government
- a feeble executive implies a feeble execution of the government
- energy -> unity and duration in office
Due Process Clause
part of the 14th Amendment which guarantees that no state deny basic rights to its people
Federalism
a form of government in which power is divided between the federal, or national, government and the states
Equal Protection Clause
Constitutional guarantee that everyone be treated equally-14th amendment
Fourteenth Amendment
made "all persons born or naturalized in the United States" citizens of the country
Necessary and Proper Clause
constitutional authorization for Congress to make any law required to carry out its powers
Supremacy Clause
Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.