U.S. Government Review Flashcards

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Flashcards for reviewing key Supreme Court cases and concepts related to federalism, individual rights, and government functions in the United States.

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61 Terms

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Marbury v. Madison (1803)

Established judicial review, allowing the Supreme Court to declare laws unconstitutional.

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McCulloch v. Maryland (1819)

Affirmed Congress's implied powers under the Necessary and Proper Clause and prohibited states from taxing the federal government.

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Schenck v. United States (1919)

Ruled that speech creating a 'clear and present danger' is not protected by the First Amendment, especially during wartime.

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Brown v. Board of Education (1954)

Declared segregation in public schools unconstitutional, overturning the 'separate but equal' doctrine.

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Baker v. Carr (1962)

Held that redistricting issues are justiciable, allowing courts to hear cases about unfair voting districts ('one person, one vote').

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Engel v. Vitale (1962)

Stated that school-led prayer in public schools violates the First Amendment’s Establishment Clause.

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Gideon v. Wainwright (1963)

Affirmed the right to a lawyer in criminal cases, even for those who cannot afford one.

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Tinker v. Des Moines (1969)

Protected students' free speech in school, provided it doesn't cause substantial disruption.

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New York Times Co. v. United States (1971)

Limited government censorship of the press unless it causes direct harm to national security (Pentagon Papers case).

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Wisconsin v. Yoder (1972)

Ruled that Amish families do not have to send children to school past the 8th grade, prioritizing religious freedom over state interest in education.

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Shaw v. Reno (1993)

Determined that racial gerrymandering is unconstitutional; race cannot be the predominant factor in drawing district lines.

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United States v. Lopez (1995)

Found that Congress overstepped its powers using the Commerce Clause, thus limiting federal power.

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Citizens United v. FEC (2010)

Protected political spending by corporations and unions as free speech, leading to the rise of Super PACs.

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McDonald v. Chicago (2010)

Applied the Second Amendment to the states through the 14th Amendment.

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Federalism

The sharing of power between national and state governments.

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Supremacy Clause

Article VI of the Constitution, stating that federal laws are the highest law of the land.

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10th Amendment

Amendment giving powers not listed in the Constitution to the states.

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Concurrent powers

Shared powers between the federal and state governments, like taxing.

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Categorical grants

Money given by the federal government to influence states with specific rules attached.

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Block grants

Money given by the federal government to influence states with fewer rules.

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Mandates

Federal orders that states must follow, sometimes without federal funding.

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McCulloch v. Maryland (1819)

Expanded federal power using the Necessary and Proper Clause and Supremacy Clause.

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U.S. v. Lopez (1995)

Limited federal power, saying Congress misused the Commerce Clause.

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Dual federalism

A view of federalism as having separate and distinct powers between the federal and state governments (layer cake).

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Cooperative federalism

A view of federalism as having shared responsibilities between the federal and state governments (marble cake).

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Devolution

Giving more power back to the states.

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Congress

The legislative branch of the U.S. government, made up of the House of Representatives and the Senate.

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House of Representatives

Made up of 435 members, with representation based on population.

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Senate

Made up of 100 members, with 2 senators per state.

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Legislation

Writing and passing laws.

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Oversight

Checking on the executive branch through activities such as hearings.

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Representation

Serving the interests of the people.

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Constituent services

Helping people back home by solving local problems, for example.

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United States v. Nixon (1974)

Addressed the limits of executive privilege, ruling it is not absolute.

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Judicial Branch

The branch that interprets laws and ensures they follow the Constitution.

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Judicial Review

The power to declare laws or actions unconstitutional, established in Marbury v. Madison (1803).

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Stare decisis

Supreme Court decisions create rules that lower courts must follow.

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First Amendment

Protects speech, religion, press, assembly, and petition, but with some limitations.

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Schenck v. United States (1919)

Speech that creates a "clear and present danger" can be limited.

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Due Process Clause (14th Amendment)

Protects individuals from unfair treatment by the government.

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5th and 6th Amendments

Protects the rights of people accused of crimes, including the right to a lawyer, to remain silent, and to a fair trial.

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Miranda v. Arizona (1966)

Police must inform you of your rights before questioning.

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Selective Incorporation

When the Supreme Court applies parts of the Bill of Rights to the states using the 14th Amendment’s Due Process Clause.

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McDonald v. Chicago (2010)

States must respect the right to bear arms (2nd Amendment).

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Equal Protection Clause (14th Amendment)

Laws must treat all people equally.

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Brown v. Board of Education (1954)

Said segregation in schools is unconstitutional.

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Obergefell v. Hodges (2015)

Legalized same-sex marriage nationwide.

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Americans with Disabilities Act (1990)

Protects people with disabilities from discrimination.

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Right to Privacy

Privacy is a basic right, even though it’s not directly mentioned in the Constitution.

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Roe v. Wade (1973)

Extended privacy to a woman’s right to have an abortion in the first trimester.

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Dobbs v. Jackson (2022)

Overturned Roe v. Wade; said abortion rights are not protected by the Constitution.

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Civil Rights Act (1964)

Banned discrimination based on race, sex, religion, or origin.

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Voting Rights Act (1965)

Banned literacy tests and helped protect voting rights for minorities.

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15th Amendment

Black men can vote

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19th Amendment

Women can vote

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24th Amendment

No poll taxes

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26th Amendment

18-year-olds can vote

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Rational Choice

Voters pick what benefits them personally

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Retrospective

Voting based on how well a candidate did in the past

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Prospective

Voting based on what a candidate promises to do

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Party-Line

Voting for the same party, no matter what