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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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Marbury v. Madison (1803)
Established judicial review, allowing the Supreme Court to declare laws unconstitutional.
McCulloch v. Maryland (1819)
Affirmed Congress's implied powers under the Necessary and Proper Clause and prohibited states from taxing the federal government.
Schenck v. United States (1919)
Ruled that speech creating a 'clear and present danger' is not protected by the First Amendment, especially during wartime.
Brown v. Board of Education (1954)
Declared segregation in public schools unconstitutional, overturning the 'separate but equal' doctrine.
Baker v. Carr (1962)
Held that redistricting issues are justiciable, allowing courts to hear cases about unfair voting districts ('one person, one vote').
Engel v. Vitale (1962)
Stated that school-led prayer in public schools violates the First Amendment’s Establishment Clause.
Gideon v. Wainwright (1963)
Affirmed the right to a lawyer in criminal cases, even for those who cannot afford one.
Tinker v. Des Moines (1969)
Protected students' free speech in school, provided it doesn't cause substantial disruption.
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).
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.
Shaw v. Reno (1993)
Determined that racial gerrymandering is unconstitutional; race cannot be the predominant factor in drawing district lines.
United States v. Lopez (1995)
Found that Congress overstepped its powers using the Commerce Clause, thus limiting federal power.
Citizens United v. FEC (2010)
Protected political spending by corporations and unions as free speech, leading to the rise of Super PACs.
McDonald v. Chicago (2010)
Applied the Second Amendment to the states through the 14th Amendment.
Federalism
The sharing of power between national and state governments.
Supremacy Clause
Article VI of the Constitution, stating that federal laws are the highest law of the land.
10th Amendment
Amendment giving powers not listed in the Constitution to the states.
Concurrent powers
Shared powers between the federal and state governments, like taxing.
Categorical grants
Money given by the federal government to influence states with specific rules attached.
Block grants
Money given by the federal government to influence states with fewer rules.
Mandates
Federal orders that states must follow, sometimes without federal funding.
McCulloch v. Maryland (1819)
Expanded federal power using the Necessary and Proper Clause and Supremacy Clause.
U.S. v. Lopez (1995)
Limited federal power, saying Congress misused the Commerce Clause.
Dual federalism
A view of federalism as having separate and distinct powers between the federal and state governments (layer cake).
Cooperative federalism
A view of federalism as having shared responsibilities between the federal and state governments (marble cake).
Devolution
Giving more power back to the states.
Congress
The legislative branch of the U.S. government, made up of the House of Representatives and the Senate.
House of Representatives
Made up of 435 members, with representation based on population.
Senate
Made up of 100 members, with 2 senators per state.
Legislation
Writing and passing laws.
Oversight
Checking on the executive branch through activities such as hearings.
Representation
Serving the interests of the people.
Constituent services
Helping people back home by solving local problems, for example.
United States v. Nixon (1974)
Addressed the limits of executive privilege, ruling it is not absolute.
Judicial Branch
The branch that interprets laws and ensures they follow the Constitution.
Judicial Review
The power to declare laws or actions unconstitutional, established in Marbury v. Madison (1803).
Stare decisis
Supreme Court decisions create rules that lower courts must follow.
First Amendment
Protects speech, religion, press, assembly, and petition, but with some limitations.
Schenck v. United States (1919)
Speech that creates a "clear and present danger" can be limited.
Due Process Clause (14th Amendment)
Protects individuals from unfair treatment by the government.
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.
Miranda v. Arizona (1966)
Police must inform you of your rights before questioning.
Selective Incorporation
When the Supreme Court applies parts of the Bill of Rights to the states using the 14th Amendment’s Due Process Clause.
McDonald v. Chicago (2010)
States must respect the right to bear arms (2nd Amendment).
Equal Protection Clause (14th Amendment)
Laws must treat all people equally.
Brown v. Board of Education (1954)
Said segregation in schools is unconstitutional.
Obergefell v. Hodges (2015)
Legalized same-sex marriage nationwide.
Americans with Disabilities Act (1990)
Protects people with disabilities from discrimination.
Right to Privacy
Privacy is a basic right, even though it’s not directly mentioned in the Constitution.
Roe v. Wade (1973)
Extended privacy to a woman’s right to have an abortion in the first trimester.
Dobbs v. Jackson (2022)
Overturned Roe v. Wade; said abortion rights are not protected by the Constitution.
Civil Rights Act (1964)
Banned discrimination based on race, sex, religion, or origin.
Voting Rights Act (1965)
Banned literacy tests and helped protect voting rights for minorities.
15th Amendment
Black men can vote
19th Amendment
Women can vote
24th Amendment
No poll taxes
26th Amendment
18-year-olds can vote
Rational Choice
Voters pick what benefits them personally
Retrospective
Voting based on how well a candidate did in the past
Prospective
Voting based on what a candidate promises to do
Party-Line
Voting for the same party, no matter what