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Merge With Amendments
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.
