Essentials Quiz #5

Merge With Amendments

Marbury v. Madison (1803)

Marbury v. Madison (1803)

Clause: Judicial Review

Background: This case established the principle of judicial review, affirming that courts have the power to declare laws unconstitutional.

Key Idea 1: Supreme Court can review the constitutionality of laws.

McCulloch v. Maryland (1819)

Clause: Necessary and Proper Clause, Supremacy Clause

Background: The Court ruled that Congress had implied powers beyond those enumerated in the Constitution, including the ability to create a national bank, and that states cannot tax federal institutions.

Key Idea: Federal government has implied powers under the Necessary and Proper Clause.

United States v. Lopez (1995)

Clause: Commerce Clause

Background:

Limited scope of the Commerce Clause.

Gun-Free School Zones Act exceeded Congress’s power.

Key Idea: The federal government’s power under the Commerce Clause has limits.

Citizens United v. FEC (2010)

Clause: First Amendment

Background:

Struck down restrictions on political spending by corporations and unions.

Protected free speech in elections.

Key Idea: Corporations and unions can spend unlimited funds in elections

Baker v. Carr (1962)

Clause: Equal Protection Clause (14th Amendment)

Background:

Redistricting is a judicial issue.

Courts can intervene in state legislative districts.

Key Idea: "One person, one vote" principle applied.

Engel v. Vitale (1962)

Clause: Establishment Clause (First Amendment)

Background:

School-led prayer violated the Establishment Clause.

Prayer in public schools is unconstitutional.

Key Idea: Public schools cannot lead prayer, even if voluntary.

Gideon v. Wainwright (1963)

Clause: Sixth Amendment

Background:

Right to counsel in criminal cases.

States must provide an attorney for indigent defendants.

Key Idea: Right to an attorney applies to state as well as federal courts.

New York Times Company v. United States (1971)

Clause: First Amendment (Freedom of the Press)

Background:

Protected the right to publish classified information (Pentagon Papers).

Limited government censorship.

Key Idea: The press has the right to publish classified information unless national security is at risk.

Shaw v. Reno (1993)

Clause: Equal Protection Clause (14th Amendment)

Background:

Racial gerrymandering violates the Equal Protection Clause.

Redistricting must meet strict scrutiny if race is the sole factor.

Key Idea: Redistricting based solely on race is unconstitutional unless it meets strict scrutiny.

Schenck v. United States (1919)

Clause: First Amendment (Freedom of Speech)

Background:

Established the "clear and present danger" test for speech limits.

Speech that poses a danger to national security is not protected.

Key Idea: Speech can be limited if it poses a clear and present danger.

Brown v. Board of Education (1954)

Clause: Equal Protection Clause (14th Amendment)

Background:

Overturned Plessy v. Ferguson.

Racial segregation in public schools is unconstitutional.

Key Idea: "Separate but equal" is inherently unequal.

Tinker v. Des Moines Independent Community School District (1969)

Clause: First Amendment (Freedom of Speech)

Background:

Students retain free speech rights at school.

Speech must not disrupt the educational process.

Key Idea: Students do not lose free speech rights at school.

Constitution

Clause: Various (Preamble, Bill of Rights, etc.)

Background:

Establishes the framework of the U.S. government.

Defines powers of the branches and individual rights.

Key Idea: Establishes the structure of the federal government.

Declaration of Independence (DOI)

Clause: Natural Rights

Background:

Justified the colonies' separation from Britain.

Emphasizes unalienable rights to life, liberty, and pursuit of happiness.

Key Idea: People are endowed with certain unalienable rights, including life, liberty, and the pursuit of happiness.

Articles of Confederation (AOC)

• Clause: Articles of Confederation

• Background:

  • First constitution of the U.S.

  • Created a weak central government with limited powers.

• Key Idea: The national government had limited power to regulate trade and enforce laws.

Federalist No. 10

• Clause: Factions, Republican Government

• Background:

  • Argued that a large republic can control factions better than smaller ones.

  • Prevents any single group from dominating.

• Key Idea: A large republic can mitigate the effects of factions.

Federalist No. 51

• Clause: Separation of Powers, Checks and Balances

• Background:

  • Advocated for a system of checks and balances.

  • Ensures no branch becomes too powerful.

• Key Idea: Each branch of government should have the ability to check the others.

Brutus No. 1

• Clause: Anti-Federalism

• Background:

  • Warned against a strong central government.

  • Believed a large republic would be too distant from the people.

• Key Idea: A large republic would be too distant from the people and lead to government overreach.

Federalist No. 70

• Clause: Executive Power

• Background:

  • Argued for a strong, energetic executive to protect liberty.

  • Essential for effective governance.

• Key Idea: A strong executive is essential to good government.

Federalist No. 78

• Clause: Judicial Review, Judicial Independence

• Background:

  • Defended the judiciary’s role in protecting the Constitution.

  • Advocated for life tenure for judges to ensure independence.

• Key Idea: Judicial independence is essential for protecting the Constitution.