Essentials #5 w/ Amendments

Marbury v. Madison (1803)

Clause: Judicial Review

Background: This case established the principle of judicial review, affirming that courts have the power to declare laws unconstitutional.

Key Idea 1: Supreme Court can review the constitutionality of laws.

McCulloch v. Maryland (1819)

Clause: Necessary and Proper Clause, Supremacy Clause

Background: The Court ruled that Congress had implied powers beyond those enumerated in the Constitution, including the ability to create a national bank, and that states cannot tax federal institutions.

Key Idea: Federal government has implied powers under the Necessary and Proper Clause.

Marbury v. Madison (1803)

Clause: Judicial Review

Background: This case established the principle of judicial review, affirming that courts have the power to declare laws unconstitutional.

Key Idea 1: Supreme Court can review the constitutionality of laws.

McCulloch v. Maryland (1819)

Clause: Necessary and Proper Clause, Supremacy Clause

Background: The Court ruled that Congress had implied powers beyond those enumerated in the Constitution, including the ability to create a national bank, and that states cannot tax federal institutions.

Key Idea: Federal government has implied powers under the Necessary and Proper Clause.

United States v. Lopez (1995)

Clause: Commerce Clause

Background:

Limited scope of the Commerce Clause.

Gun-Free School Zones Act exceeded Congress’s power.

Key Idea: The federal government’s power under the Commerce Clause has limits.

Citizens United v. FEC (2010)

Clause: First Amendment

Background:

Struck down restrictions on political spending by corporations and unions.

Protected free speech in elections.

Key Idea: Corporations and unions can spend unlimited funds in elections

Baker v. Carr (1962)

Clause: Equal Protection Clause (14th Amendment)

Background:

Redistricting is a judicial issue.

Courts can intervene in state legislative districts.

Key Idea: "One person, one vote" principle applied.

Engel v. Vitale (1962)

Clause: Establishment Clause (First Amendment)

Background:

School-led prayer violated the Establishment Clause.

Prayer in public schools is unconstitutional.

Key Idea: Public schools cannot lead prayer, even if voluntary.

Gideon v. Wainwright (1963)

Clause: Sixth Amendment

Background:

Right to counsel in criminal cases.

States must provide an attorney for indigent defendants.

Key Idea: Right to an attorney applies to state as well as federal courts.

New York Times Company v. United States (1971)

Clause: First Amendment (Freedom of the Press)

Background:

Protected the right to publish classified information (Pentagon Papers).

Limited government censorship.

Key Idea: The press has the right to publish classified information unless national security is at risk.

Shaw v. Reno (1993)

Clause: Equal Protection Clause (14th Amendment)

Background:

Racial gerrymandering violates the Equal Protection Clause.

Redistricting must meet strict scrutiny if race is the sole factor.

Key Idea: Redistricting based solely on race is unconstitutional unless it meets strict scrutiny.

Schenck v. United States (1919)

Clause: First Amendment (Freedom of Speech)

Background:

Established the "clear and present danger" test for speech limits.

Speech that poses a danger to national security is not protected.

Key Idea: Speech can be limited if it poses a clear and present danger.

Brown v. Board of Education (1954)

Clause: Equal Protection Clause (14th Amendment)

Background:

Overturned Plessy v. Ferguson.

Racial segregation in public schools is unconstitutional.

Key Idea: "Separate but equal" is inherently unequal.

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

Clause: First Amendment (Freedom of Speech)

Background:

Students retain free speech rights at school.

Speech must not disrupt the educational process.

Key Idea: Students do not lose free speech rights at school.

Constitution

Clause: Various (Preamble, Bill of Rights, etc.)

Background:

Establishes the framework of the U.S. government.

Defines powers of the branches and individual rights.

Key Idea: Establishes the structure of the federal government.

Declaration of Independence (DOI)

Clause: Natural Rights

Background:

Justified the colonies' separation from Britain.

Emphasizes unalienable rights to life, liberty, and pursuit of happiness.

Key Idea: People are endowed with certain unalienable rights, including life, liberty, and the pursuit of happiness.

Articles of Confederation (AOC)

• Clause: Articles of Confederation

• Background:

  • First constitution of the U.S.

  • Created a weak central government with limited powers.

• Key Idea: The national government had limited power to regulate trade and enforce laws.

Federalist No. 10

• Clause: Factions, Republican Government

• Background:

  • Argued that a large republic can control factions better than smaller ones.

  • Prevents any single group from dominating.

• Key Idea: A large republic can mitigate the effects of factions.

Federalist No. 51

• Clause: Separation of Powers, Checks and Balances

• Background:

  • Advocated for a system of checks and balances.

  • Ensures no branch becomes too powerful.

• Key Idea: Each branch of government should have the ability to check the others.

Brutus No. 1

• Clause: Anti-Federalism

• Background:

  • Warned against a strong central government.

  • Believed a large republic would be too distant from the people.

• Key Idea: A large republic would be too distant from the people and lead to government overreach.

Federalist No. 70

• Clause: Executive Power

• Background:

  • Argued for a strong, energetic executive to protect liberty.

  • Essential for effective governance.

• Key Idea: A strong executive is essential to good government.

Federalist No. 78

• Clause: Judicial Review, Judicial Independence

• Background:

  • Defended the judiciary’s role in protecting the Constitution.

  • Advocated for life tenure for judges to ensure independence.

• Key Idea: Judicial independence is essential for protecting the Constitution.

1st Amendment

Freedom of Religion, Speech, of the Press, Assembly, and Petition

2nd Amendment

Protects the people's right to bear arms

3rd Amendment

No soldier can be quartered in a home without the permission of the owner

4th Amendment

Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause

5th Amendment

Protects rights of due process and the right to remain silent ("plead the 5th"), double jeopardy

6th Amendment

The right to a fair and speedy trial by a jury of one's peers; to have witnesses and to give a defense; loss of liberty/life

7th Amendment

The right to a trial by jury in civil cases for amounts of $20 or more

8th Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments

9th Amendment

People have other rights not specifically stated in the Constitution

10th Amendment

Gives all powers not specifically given to the United States government in the Constitution, to either the states or to the people

11th Amendment

Determines when and if a state can be sued; states cannot be sued by people from other states or by foreigners

12th Amendment

The Electoral College must vote for the President and the Vice President separately

13th Amendment

Abolished slavery and involuntary servitude

14th Amendment

Makes anyone born on US soil a citizen and guarantees equal protection under the law

15th Amendment

Gave all men the right to vote regardless of race or color or whether they had been slaves

16th Amendment

Created an income tax and gave the Federal government the power to collect it

17th Amendment

Creates the direct election by the people of Senators

18th Amendment

Prohibition of the drinking, manufacture, and sale of alcohol

19th Amendment

Gave women the right to vote

20th Amendment

Gives details on the terms of office for Congress and President; shortens "lame duck" period (time between election and inauguration)

21st Amendment

Repealed the 18th amendment (prohibition)

22nd Amendment

Limits the president to two terms in office (or 10 years)

23rd Amendment

Gave Washington, D.C. representatives in the electoral college so that citizens of D.C. could participate in the electoral process, even though it is not an official state

24th Amendment

Prohibited the poll tax

25th Amendment

Explains what happens when the President dies or is unable to continue in office (Succession)

26th Amendment

Sets the national voting age at 18, cannot be set any higher

27th Amendment

Any changes in Congressional salaries will take place after the next term starts