established the supreme courtâs power of judicial review after declaring an act of congress unconstitutional
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McCulloch v Maryland (1819)
started as a case revolving around congressâs authority to establish a national bank and ended up establishing that congress could do things not explicitly stated in the constitution. this helped their power expand over the next few centuries
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Schenck v United States (1919)
Schenck was taken to court for distributing materials opposing the draft and the court declared that despite the freedom of speech, people can be held accountable for what they say and do if it creates a clear and present danger
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Brown v Board of Education (1954)
Ended segregation in public schools and declared the âseparate but equalâ facilities were not equal at all. Brown argued that segregation violated the equal protection clause
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Baker v Carr (1962)
Baker v. Carr was a landmark United States Supreme Court case in 1962 that established the principle of "one person, one vote." The case was brought by Charles Baker, a Tennessee resident who argued that the state's legislative districts were not being fairly apportioned, resulting in rural areas having disproportionate representation. The Supreme Court ruled in favor of Baker, stating that federal courts had the authority to intervene in cases where state legislative districts were not being fairly apportioned. This decision paved the way for the redrawing of legislative districts across the country to ensure equal representation for all citizens.
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Engel v Vitale (1962)
Ruled that required or recommended (public) school prayer is unconstitutional, it violated the establishment clause by not upholding the separation of church and state
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Gideon v Wainwright (1963)
Ruled that the 6th amendment guarantees the right to a state attorney to criminal defendants who canât afford their own
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Tinker v Des Moines (1969)
This case arose after students were punished for wearing arm bands in protest of the Vietnam war. The court ruled that the 1st amendment protects the students self expression and that right doesnât go away when they walk into school
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New York Times Co v United States (1971)
after the Nixon administration tried to prevent the New York Times from publishing papers about US activities in Vietnam (prior restraint), the court ruled that this prior restraint was unconstitutional and the 1st amendmentâs freedom of the press protects the NYT. they decided a free and unrestrained press was necessary to prevent government tyranny
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Wisconsin v Yoder (1972)
Case fought by an amish man after he attempted to take his children out of school after 8th grade for religious purposes. Court ruled that the right to worship freely outweighs the stateâs desire to keep children in school
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Shaw v Reno (1993)
fought over racial redistricting and gerrymandering. ruled that using racial reasons for redistricting is unconstitutional. âracial redistricting must be held to a standard of strict scrutinyâ
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United States v Lopez (1995)
After a high school senior was imprisoned for bringing a gun to school, the trial was fought over whether the 1990 gun-free school zones act exceeded congressâs power under the commerce clause. The SC ruled that congress had overstepped its power and they struck down the gun-free school zones act. This was an important case because it limited federal power in relation to the states.
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McDonald v Chicago (2010)
Gun bans in Illinois were challenged after the DC v Heller case. The court ruled that the 14th amendment makes the 2nd amendment applicable to the states. It ruled that Chicagoâs handgun ban violated a personâs right to bear arms for self defense
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Citizens United v FEC (2010)
ruled that political spending by corporations, associations, and labor unions is a form of protected speech under the First Amendment. The decision led to the creation of Super PACs
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Federalist 10
argues for the benefits of a large republic over a small one and discusses the dangers of factions and how they can be controlled. factions are a small dissenting group within a larger one.
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federalist 51
discusses the importance of checks and balances and the separation of powers in government to prevent tyranny and protect individual rights. And the governmentâs dependence on the people
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declaration of independence
the document is considered one of the most important in American history, as it not only declared independence, but also outlined the colonists' grievances against the British government and their belief in certain unalienable rights, such as life, liberty, and the pursuit of happiness. grievances include taxing without permission, quartering british troops, cutting off colonial trade with the rest of the world
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articles of confederation
The Articles of Confederation was the first âconstitutionâ of the United States, it established a weak central government and gave most of the power to the states. the articles of confederation were weak because there was no executive branch, congress couldnât regulate trade, tax, or enforce their laws.
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federalist 70
It argues in favor of a strong executive branch in the United States government, with a single president as opposed to a plural executive. Hamilton believed that a strong executive would be more efficient and effective in carrying out the duties of the presidency, and that a single president would be more accountable to the people than a group of executives.
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federalist 78
in Federalist 78, Hamilton discusses the role of the judiciary in the new government, arguing for the importance of an independent judiciary and the power of judicial review. however, he also argued that the judicial branch was the âleast dangerous.â
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brutus 1
Written by the anti-federalists to speak against big government. It warns that the country is too big to be regulated by one entity, politicians will use their power for self gain, standing armies in peacetime are risky and will be used against the people, and politicians wont âwillingly \[abridge\] their authorityâ
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MLKâs letter from a Birmingham jail
A letter written by Martin Luther King Jr. in 1963 while he was imprisoned for protesting against segregation. The letter defends the strategy of nonviolent resistance to racism, criticizes white moderates who prefer order to justice, and calls for immediate action to end segregation and racial discrimination. The letter is considered a landmark in the Civil Rights Movement and a classic of American political writing.
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constitution
The United States Constitution is the supreme law of the land and has been in effect since 1789. It outlines the powers of the three branches of government, establishes the rights of individuals, and provides a framework for the operation of the federal government.
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1st amendment
freedom of speech (expression, money spending), religion, press, peaceful assembly, and petitioning the government
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2nd amendment
right to bear arms, ongoing argument over whether written in regards to state militias or just for âself protectionâ/ sport
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3rd amendment
quartering soldiers is only ok with the homeownerâs consent
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4th amendment
protection against unreasonable/warrantless searches and seizures
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5th amendment
right to a jury, double jeopardy: canât be charged for the same crime twice, protection against self incrimination, canât be deprived of life, liberty, or property without due process of law
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6th amendment
right to a speedy trial and right to a defense lawyer (state appointed if they canât afford one)
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8th amendment
no excessive bail, fines, or cruel and unusual punishment
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9th amendment
all rights/laws not enumerated in the constitution are left to the people
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10th amendment
the powers not listed (nor denied) by the constitution are left to the states
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13th amendment
abolishment of slavery/involuntary servitude, except as punishment for a crime
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14th amendment
granted citizenship to all persons born or naturalized in the United States, including former slaves, and guaranteed equal protection of the laws. It also prohibited states from denying any person within their jurisdiction the equal protection of the laws, and from depriving any person of life, liberty, or property without due process of law.
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15th amendment
granted people of color the right to vote, no state can deny someone the right to vote based on race, color, or if they were once enslaved
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18th amendment
prohibition amendment passed jan 16,1919, later repealed with the 21st amendment
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19th amendment
voting rights for women slayyyy
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24th amendment
eliminated poll taxes
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26th amendment
lowered the voting age to 18
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27th amendment
congresspeople can give salary raises to their position but the raises wonât start until after the next election for congress houses
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Bill of Attainder clause
âNo bill of Attainder⌠shall be passed.â Congress canât pass a bill that imposes a punishment on a specific person/group without trial.
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contracts clause
âno state shall⌠pass any⌠law impairing the obligation of contracts.â states canât pass legislation that interferes with the execution of contracts
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commerce clause
âthe congress shall have power⌠to regulate commerce with foreign nations, and among the several states, and with \[Native\] tribes.â congress can regulate trade between nations, states, and native tribes.
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due process clause (5th amendment)
âno person shall⌠be deprived of life, liberty, or property, without due process of law.â the NATIONAL government must observe fair procedures when denying someone of life, liberty, or property
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due process clause (14th amendment)
âno person shall⌠be deprived of life, liberty, or property, without due process of law.â the STATE governments must observe fair procedures when denying someone of life, liberty, or property
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Elastic clause (necessary and proper clause)
âthe congress shall have power⌠to make all laws which shall be necessary and proper for carrying into execution the foregoing powers..â Congress can exercise powers not enumerated in the constitution in order to carry out powers that are specifically stated in the constitution
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equal protection clause (14th amendment)
ââŚnor shall any state⌠deny to any person within its jurisdiction the equal protection of the laws.â states cannot unreasonably discriminate against individuals.
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establishment clause (1st amendment)
âcongress shall make no laws respecting an establishment of religion.â canât establish an official national religion, and separation of church and state
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Ex Post Facto clause
âno⌠ex post facto law shall be passed.â congress canât pass a law in order to punish someone after they committed the crime, it wasnât a crime when they committed it
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free exercise clause (1st amendment)
âcongress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof.â congress canât pass laws that ban freedom of worship
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Full faith and credit clause
âfull faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other stateâŚâ states must recognize the validity of the public acts, records, and court decisions of other states.
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reserved power clause (10th amendment)
âthe powers not delegated to the united states by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.â any power that isnât granted to the fed government or denied to the states is left up to the states.
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Search and seizure clause (4th amendment)
âThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.â protection against unreasonable search and seizure
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supremacy clause
âThis Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.â federal law is supreme over state law
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Takings clause (eminent domain) (5th amendment)
ââŚnor shall private property be taken for public use, without just compensation.â government can take private property for a public purpose as long as it provides fair compensation to the owners of that property.