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Marbury V. Madison (1803)
Established Judicial review
Made the Supreme Court a co-equal branch
John Adams appointed Marbury a judge but he did not receive his commission before Jefferson took office, 4-0 Madison won
Affirmed the Court's power to declare acts of Congress unconstitutional (court doesn't have power to force delivery of the commission)
Judiciary Act conflicted with the Constitution
Remember: Mar-Burried Madison’s commission
McCulloch V. Maryland (1819)
Maryland taxed a national bank, can States tax Federal institutions? No, Federal law is supreme.
Schenck V. United States (1919)
Schenck distributed anti-draft leaflets during WW1, is this protected free speech? No, speech that creates “clear and present danger is not protected.
Remember: Schenck = Sneak away from draft
Brown V. Board of Education
Segregated schools violate equal protection and are unconstitutional
Overturned Plessy v. Ferguson
Remember Brown and white people are Equal
Baker V. Carr (1962)
Courts can hear redistricting cases and the Equal Protection Clause applies.
Established “one person, one vote” and made redistricting justiciable
Remember travel in a Carr through equal districts
Engel V. Vitale (1962)
Does school-sponsored prayer in public schools violate the Establishment Clause? Yes, the government can not promote religion.
Reinforced separation of church and state
Remember Engel = Angel; school prayer.
Gideon V. Wainwright (1963)
Gideon was denied a lawyer in a felony case, but States are required to provide attorneys.
6th amendment
Remember Gid-e-on = Give-me-one (lawyer)
Tinker v. Des Moines (1969)
Students wore armbands protesting Vietnam War, is student’s symbolic speech protected? Yes, protect symbolic speech in schools.
Remember Tinker = childlike, child right;
New York Times v. United States (1971)
Government tried to stop publication of Pentagon Papers, can the government use prior restraint? No, strengthened freedom of the press
Wisconsin v. Yoder (1972)
Amish parents refused to send kids to school past 8th grade, is this okay? Yes, religious beliefs outweigh state interest
Remember: Yoder = Yodel = Amish, Amish are religious and have this right.
Shaw v. Reno (1993)
Is racial gerrymandering illegal? Yes, race can’t be the sole factor in redistricting
Remember: Shaw = minority race, Reno = majority race; Shaw= 4 and Reno= 4, both must be equal and not based on race
United States v. Lopez (1995)
GunPossession in school zones was made a federal crime, does this exceed the Commerce Clause? Yes, firearm possession does not interfere with interstate commerce
Remember: Lopez = Illegal activity
McDonald v. Chicago (2010)
Chicago banned handguns, does the 2nd amendment apply to the states? Yes, 2nd amendment applies to everyone
McDonald = Farmer = Country = Guns, Chicago is not country = no guns
Citizens United v. FEC (2010)
Corporations and unions CAN spend money on elections under first amendment
Spending money on policies = free speech
Declaration of Independence (1776)
Articles of Confederation (1781)
First Constitution, bad
U.S. Constitution (1787)
Federalist 10 (James Madison)
Factions are bad
Federalist 51 (James Madison)
Checks and balances protects liberty
Federalist 70 (Alexander Hamilton)
Single energetic executive president, not a group of people
Federalist 78 (Alexander Hamilton
Independent Judiciary, they are the weakest branch and need lifetime appointments
Brutus No 1.
Argued against Constitution, gives the government too much power
Letter From Birmingham Jail
Nonviolent action against segregation, wait = never
Article 1, 2, 3
Set up branches of government
Article 4, 5, 6, 7
Explain how the government will work together.