ap gov

Marbury v Madison (1803)

Marbury v Madison (1803)

established the supreme court’s power of judicial review after declaring an act of congress unconstitutional

McCulloch v Maryland (1819)

started as a case revolving around congress’s 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

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

Brown v Board of Education (1954)

Ended segregation in public schools and declared the “separate but equal” facilities were not equal at all. Brown argued that segregation violated the equal protection clause

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.

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

Gideon v Wainwright (1963)

Ruled that the 6th amendment guarantees the right to a state attorney to criminal defendants who can’t afford their own

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 doesn’t go away when they walk into school

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 amendment’s freedom of the press protects the NYT. they decided a free and unrestrained press was necessary to prevent government tyranny

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 state’s desire to keep children in school

Shaw v Reno (1993)

fought over racial redistricting and gerrymandering. ruled that using racial reasons for redistricting is unconstitutional. “racial redistricting must be held to a standard of strict scrutiny”

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 congress’s 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.

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 Chicago’s handgun ban violated a person’s right to bear arms for self defense

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

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.

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 government’s dependence on the people

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

articles of confederation

The Articles of Confederation was the first “constitution” 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 couldn’t regulate trade, tax, or enforce their laws.

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.

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 “least dangerous.”

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 “willingly [abridge] their authority”

MLK’s 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.

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.

1st amendment

freedom of speech (expression, money spending), religion, press, peaceful assembly, and petitioning the government

2nd amendment

right to bear arms, ongoing argument over whether written in regards to state militias or just for “self protection”/ sport

3rd amendment

quartering soldiers is only ok with the homeowner’s consent

4th amendment

protection against unreasonable/warrantless searches and seizures

5th amendment

right to a jury, double jeopardy: can’t be charged for the same crime twice, protection against self incrimination, can’t be deprived of life, liberty, or property without due process of law

6th amendment

right to a speedy trial and right to a defense lawyer (state appointed if they can’t afford one)

8th amendment

no excessive bail, fines, or cruel and unusual punishment

9th amendment

all rights/laws not enumerated in the constitution are left to the people

10th amendment

the powers not listed (nor denied) by the constitution are left to the states

13th amendment

abolishment of slavery/involuntary servitude, except as punishment for a crime

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.

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

18th amendment

prohibition amendment passed jan 16,1919, later repealed with the 21st amendment

19th amendment

voting rights for women slayyyy

24th amendment

eliminated poll taxes

26th amendment

lowered the voting age to 18

27th amendment

congresspeople can give salary raises to their position but the raises won’t start until after the next election for congress houses

Bill of Attainder clause

“No bill of Attainder… shall be passed.” Congress can’t pass a bill that imposes a punishment on a specific person/group without trial.

contracts clause

“no state shall… pass any… law impairing the obligation of contracts.” states can’t pass legislation that interferes with the execution of contracts

commerce clause

“the congress shall have power… to regulate commerce with foreign nations, and among the several states, and with [Native] tribes.” congress can regulate trade between nations, states, and native tribes.

due process clause (5th amendment)

“no person shall… be deprived of life, liberty, or property, without due process of law.” the NATIONAL government must observe fair procedures when denying someone of life, liberty, or property

due process clause (14th amendment)

“no person shall… be deprived of life, liberty, or property, without due process of law.” the STATE governments must observe fair procedures when denying someone of life, liberty, or property

Elastic clause (necessary and proper clause)

“the congress shall have power… to make all laws which shall be necessary and proper for carrying into execution the foregoing powers..” Congress can exercise powers not enumerated in the constitution in order to carry out powers that are specifically stated in the constitution

equal protection clause (14th amendment)

“…nor shall any state… deny to any person within its jurisdiction the equal protection of the laws.” states cannot unreasonably discriminate against individuals.

establishment clause (1st amendment)

“congress shall make no laws respecting an establishment of religion.” can’t establish an official national religion, and separation of church and state

Ex Post Facto clause

“no… ex post facto law shall be passed.” congress can’t pass a law in order to punish someone after they committed the crime, it wasn’t a crime when they committed it

free exercise clause (1st amendment)

“congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof.” congress can’t pass laws that ban freedom of worship

Full faith and credit clause

“full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state…” states must recognize the validity of the public acts, records, and court decisions of other states.

reserved power clause (10th amendment)

“the 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.” any power that isn’t granted to the fed government or denied to the states is left up to the states.

Search and seizure clause (4th amendment)

“The 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.” protection against unreasonable search and seizure

supremacy clause

“This 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.” federal law is supreme over state law

Takings clause (eminent domain) (5th amendment)

“…nor shall private property be taken for public use, without just compensation.” government can take private property for a public purpose as long as it provides fair compensation to the owners of that property.