1/17
must know
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Marbury v Madison
supreme court can declare laws unconstitutional (judicial review)
McCulloch v Maryland
Congress can make a national back and states can’t tax it (more federal power + elastic clause)
US v Lopez
limit commerce clause
congress crossed a line regulating guns in school (federal power has limit)
Brown v Board
segregation in schools is unconstitutional (equal protection clause)
Plessy v Ferguson
separate but equal is constitutional (before brown v board)
Tinker v Des Moines
Students can express views if it doesn’t create a harmful environment
Schenk v US
speech can be limited if it causes danger
NYT v US
freedom of the press and prior restraint cant be used so easy by the government
Wisconsin v Yoder
Amish can be pulled from school for religion (free exercise clause)
Gideon v Wainwright
government can provide lawyers if you can’t afford one
Baker v Carr
federal court can hear redistricting cases (redistricting is justiciable)
Shaw v Reno
districts on race is against equal protection clause
Citizens United v FEC
corporations can spend unlimited money for political ads
Strict scrutiny
applies to race and fundamental rights
government must prove
compelling government interest
narrowly tailored
least restrictive means
used when law treats people differently on race
Intermediate scrutiny
used if law treats men and women differently
government must prove
important government objective
substantially related
Rational basis test
if a law doesnt target a suspect (race or gender) this can be used. this includes
age
disability
wealth
business
government must prove a reasonable purpose
Tinker standard
test to decide when a school can punish a student for what they say and wear.
Lemon test
determine if government actions violate the First Amendment’s Establishment Clause.