Court Trials

Marbury v. Madison

established judicial review (decide if constitutional)

McCulloch V Maryland

establishes elastic clause (congress can do anything if good) and allowed national bnk + one currency; supremacy clasue

Worcester V Georgia 1830s

Georgia couldn’t remove the Cherokee; happend anways and Trail of Tears

Gibbons V Ogden 1823

two boats; only federal government can manage commerce

Dread Scott V Sanford,

black people aren’t US citizen; return slaves from north

Plessy V Ferguson, 1896

separate but equal; 10th amendment of states doing own thing —→ jim crow laws etc

Schenck V USA 1919

limits how much press can write during war if it endangers us

Gideon V Wainwright 1963

everyone gets a public defense

Miranda V Arizona, 1964

your right must be read

Brown V Board of Education,

“separate but equal” is stupid; desegregate schools; national troops come in

Korematsu V USA

in times of war gov can violate some rights

Miller V California

obscene material is not protected

Bakke V Cal Board of Regents

racial quotas is unconstitutional; but can be a factor

Tinker V Des Moines,

students can wear stuff as long it doesn’t disrupt school

Roe V Wade

abortion is constitutionally protected

Obergefell V Hodges

same sex marriage is legalized; 14th amendment

Dobbs V Jackson

overturned Roe v Wade; abortion depends on state

1. elastic/proper/necessary clause

2. commerce clause

1. gives congress power to make all laws that aligns with the constitution for the people

2. gives congress power to regulate commerce with foreign nation and within states + indian tribes

unitary system

central gov has main power; ex Britain

confederal system

states have the main power; central gov is weak; ex articles of confederation

federal system

national and state gov share power; ex US today

benefits of federalism

1. allows checks and balances to not allow strong central government

2. states can make local laws for its citizens

3. state govoners can gain experience for national office

4. states can experiment with new policies

affordable care act started is massachusetes

cons of federalism

1. unequal treatment among states (difference in education and poverty)

2. states and central gov can disagree

3. a majority in one state can overwhelm a minority group

4. states make national action harder to implement

states without income tax

1. alaska

2. nevada

3. washington

4. texas

5. wyoming

6. florida

7. south dakota

8. new hamsphire

9. tennesee

inherent power

powers associated with national government; like US since its a sovreign nation

1. getting land; Louisianna purchase

2. right to govern itself nationally

3. manage foreign relations

1. enmurated

2. implied

3. inherent

1. explicitedly stated in the constitution

2. derived from enumerated powers; is related to constitution power

3. associated with national sovreignty/governing

1. reserved power for state

2. concurrent power

3. prohibited power

4. supremacy clause

1. 10th amendment; education, police, regulate health

2. powers that both state and central gov have; getting tax, borrowing money, establishing courts

3. powers constituion bans a gov; a state can’t enter a foreign treaty; congress can’t tax export; can’t assign a king/queen

4. federal law > state law

3 components of interstate relations

1. full faith & credit clause: states must respect each other judcial process, official acts, adn records

2. states can’t discriminate against citizen of another state

3. extradition: return a criminal back to their home state

1. end of dual federalism

2. categorial grants

3. block grants

1. dual federalism was where the state and central gov seprate jobs; but it ended during GD in FDR assigning new deal to help wtih states

2. specific funding for certain programs

3. federal money that provides money to a general policy area; multile categorial grants

1. federal mandate

2. federlalism and immigration

1. a requirement imposed on national gov onto states to reach a goal; a waiver can lessen the mandate to experiment with new policy

2. the topic goes to the central gov as it involves more than one state; conflict on whether the states should deal with it on its own

1. US vs Lopez 1995

2. US vs Morrison 2000

1. federal gun free zone law was banned by judicial, going beyond interstate clause

2. congress can’t help with as inter state violence doesn’t help