studied byStudied by 31 people
get a hint

McCulloch v. Maryland

1 / 172

Tags and Description

i will add anything if i forgot it just message me

173 Terms


McCulloch v. Maryland

  • Creation of federal bank

  • Elastic (N and P) Clause

    • Article I, Section 8

    • Implied power to create a bank (“tax, borrow money, and regulate commerce”)

  • Supremacy Clause

    • Article VI, Paragraph 2

    • Prohibits states from enacting laws that go against federal laws

  • Unanimous ruling for McCulloch

New cards

United States v. Lopez

  • Texas high school student brings a gun to school and is charged with violating the Gun-Free School Zones Act

  • Commerce Clause

    • Article I, Section 8

    • Congress is given authority to regulate anything relating to interstate commerce

  • 5-4 decision that the GFSZA is unconstitutional b/c Congress doesn’t have authority over that pertaining to the Commerce Clause

New cards

Engel v. Vitale

  • NY school held voluntary prayer at the beginning of school days

  • Claimed this violated Establishment Clause

    • First Amendment

    • Limits government/gov. employees on what they can do involving religion

  • 6-1 verdict in favor of Engel → banned the prayer groups during school days

New cards

Wisconsin v. Yoder

  • Amish children left school at 8th grade; Wisconsin law required them attending until 16 years old

  • Claimed that this violates First Amendment

    • Freedom of Religion

    • Free Exercise Clause

  • 6-1 decision siding with Yoder; students only have to continue up to middle school if they have religious exemption

New cards

Tinker v. Des Moines ISD

  • Students wore armbands to protest Vietnam War and were forced to remove them

  • Parents sued school district saying that this violated First Amendment

    • Freedom of symbolic speech

    • “Students don’t shed their constitutional rights at the schoolhouse gates”

New cards

New York Times vs. United States

  • Secretary of Defense employee sent classified documents to the NYT who published them

  • First Amendment violation

    • Freedom of Press

New cards

Schenck v. United States

  • Schenck opposed the WWI draft and was charged with violating the Espionage Act

  • First Amendment

    • Freedom of Speech

  • Established “Clear and present danger”

New cards

Gideon v. Wainwright

  • Gideon charged with a felony and Florida refused to give him a court-appointed one

    • Filed habeas corpus arguing that it is unlawful to be refused a court-appointed attorney

  • Sixth Amendment

    • Right to a speedy and fair trial

  • Due Process Clause

    • 14th Amendment

    • Applies Sixth Amendment to the states

  • Unanimous siding with Gideon

New cards

McDonald v. Chicago

  • Chicago banned part of the process that was required to get a registration to own a gun

  • McDonald argued that this violated the Second Amendment and the precedent set by District of Columbia v. Heller

  • 5-4 decision in favor of McDonald

    • 14th Amendment Due Process Clause

    • Selective incorporation makes the Second Amendment applicable to the states

New cards

Brown v. Board of Education

  • Segregation in schools was being challenged

  • 14th Amendment Equal Protection Clause

New cards

Citizens United v. FEC

  • Citizens United (non-profit org.) makes a movie for Hillary Clinton’s campaign

  • Question about whether or not organizations are protected by First Amendment; whether or not this violated the BCRA (restricting amount of donations one can make)

    • Freedom of Speech

  • 5-4 decision in favor of Citizens United

    • Donation amount cannot be limited for independent non-profit orgs.

New cards

Baker v. Carr

  • Tennessee didn’t redraw their district every ten years; sued by Baker

    • Violates the 14th Amendment Equal Protection Clause

  • 6-2 ruling in favor of Baker

    • Established Congress’ ability to deal with apportionment claims in legislative issues

    • Esablished “one person, one vote” principle

New cards

Shaw v. Reno

  • North Carolina gerrymandered their districts and had “majority-minority” districts

    • Violates the 14th Amendment Equal Protection Clause

  • 5-4 decision in favor of Shaw

    • Racial gerrymandering is unconstitutional

New cards

Marbury v. Madison

  • Madison refused to deliver Marbury’s commission, leading to Marbury not becoming a valid Justice

  • Marbury sued Madison and tried to make the government have him deliver his commission

    • Question of Supremacy Clause of Article VI, Paragraph 2

  • Court decided that this violates Supremacy Clause

  • Established judicial review

New cards

Federalist 10

  • Argues for a strong republic to control factions

    • More representatives are elected → greater number of opinions

New cards

Brutus I

  • Antifederalist series of essays against Constitution; Bill of Rights is necessary

  • Federal government requires people to sacrifice their liberties

    • Free republic cannot exist with the size of the U.S.

New cards

Declaration of Independence

  • Natural Rights of Life, Liberty, and Property

    • All people created equal

  • Government is created to protect these rights

New cards

Articles of Confederation

  • Confederation of states with extremely limited central government

  • Sovereign states

  • Unicameral legislature

    • Each state gets one individual vote

New cards


  • Outline of federal government structure, powers, and limits

  • Establishes all three branches

    • Article I (Legislative)

    • Article II (Executive)

    • Article III (Judicial)

  • Constitution is Supreme Law

New cards

Bill of Rights

  • First ten amendments

New cards

Federalist 51

  • Proposes government being broken into three branches: Legislative, Executive, and Judicial

    • Splits Legislative branch into House and Senate

  • Establishes checks and balances

  • Made to keep down the power of factions

New cards

Federalist 70

  • Argues that unity in executive branch (one President) is needed for energy and safety

  • Governmental balance can only be achieved if each branch of gov. has enough restricted power to not become more powerful than one or the other

New cards

Federalist 78

  • Judicial branch needs strengthening because has neither the power of the pen or the purse

  • In favor of judicial review

New cards

Letter from a Birmingham Jail

  • MLK argues that people have the right to fight for justice

    • Up to the oppressed to take charge + demand equality

  • Direct Action is necessary

    • Creates tension in the community → provides awareness to the injustice

New cards

Limited Government

  • A government with legally binding restrictions that prevent them from doing certain things

    • Article I

New cards

Natural Rights

  • Inherent rights: life, liberty, and the right to own property

    • Established throughout Bill of Rights

New cards

Popular Sovereignty

  • The People are the ultimate source of power

    • Preamble of Constitution

New cards


  • Creation of laws must include people subject to those laws

    • Bicameral Congress

    • Article IV, Section IV

New cards

Social Contract

  • Agreement among free and equal people to give up certain rights in order to find security, prosperity, and the common good

    • Preamble of Constitution

New cards

Participatory Democracy

  • Democracy in which all or most people participate

    • Inspired by Ancient Athens

New cards

Pluralist Democracy

  • Democracy in which a few interest groups control policy making

    • i.e. NRA, Labor Unions

New cards

Elitist Democracy

  • Democracy dominated by those with most resources

    • Most wealthy, most educated, etc.

New cards

Great Compromise

  • Two Senators per state regardless of population

    • New Jersey Plan

  • Amount of representatives based on population

    • Virginia Plan

New cards

Legislative Branch

  • Established by Article I

    • House of Representatives and the Senate (Congress)

  • Powers

    • Power to impeach a public official

    • Draft or propose laws

New cards

Legislative Checks

  • Executive:

    • Congress can override POTUS vetoes

    • Senate ratifies presidential appointments and treaties

    • Congress can declare war

    • “Power of the Purse”

  • Judicial

    • Confirm federal judges

    • Changing laws in response to judicial rulings

    • Can amend the Constitution

    • Can change a court’s jurisdiction

    • “Power of the Purse”

New cards

Executive Branch

  • Established by Article II

    • President, VP, Cabinet, commissions, committees, etc.

  • Powers

    • Carry out and enforce laws

New cards

Executive Checks

  • Legislative:

    • Proposes and vetoes legislation + budgets

    • Makes treatiest with foreign nations

  • Judicial:

    • Appoints federal judges

    • Enforces court decisions

New cards

Judicial Branch

  • Established by Article III

    • Supreme Court

  • Powers

    • Decide the constitutionality of federal laws and resolve disputes

New cards

Judicial Checks

  • Judicial Review over both branches

    • Determine Presidential acts unconstitutional

    • Determine laws unconstitutional

New cards

Procedure for impeaching a public official

  • Congress investigates

  • House decides by a simple majority to charge

  • Senate holds a trial—if 2/3rds convict, then the official is removed from office

New cards

Primary Election

  • Election in which a party votes for which candidate they want to run in the general election

  • Only Democrat or only Republican election

New cards


  • Citizens proposing legislation (usually by gaining signatures on a proposed law equal to 1/10 of the number of voters in previous elections)

New cards


  • Ratifying a policy proposed by the state legislature

New cards


  • Removing a state or local official before the end of their term

New cards

Writ of Mandamus

  • Court order instructing an official to do something

New cards

Speaker of the House

  • Chosen by majority party

  • Recognizes members for speaking

  • Organizes members for conference committees

  • Influence in law making

New cards

Majority/Minority Leader

  • Lead debate among their party

  • Guide discussion from their side

New cards

Majority/Minority Whip

  • Deputy floor leader

  • In charge of discipline

  • Tally votes

New cards

President of the Senate

  • Formal/ceremonial power

    • Not a lot of power in the senate

  • Rules on procedure and organizes Senate

New cards

Senate Majority Leader

  • Most powerful person in Senate

  • Picked by majority party

  • Chief legislator

    • Sets legislative calendar

    • Guides party caucus

New cards


  • Smaller groups within each house of Congress

  • Important in law making process

    • Bills first go to the appropriate committee

  • Powers:

    • Investigate people, business, and other branches of government

New cards


  • Court order that forces somebody to testify or provide evidence

New cards

Standing Committees

  • Permanent committee

New cards

Select Committees

  • Temporary

    • For a limited time and purpose

New cards

Joint Committees

  • Committees that share members of both houses

New cards


  • Non-governmental groups of like-minded people in Congress

  • Work together to achieve Congressional goals without establishing laws

New cards

Process for bills becoming law

  1. Idea for bill is created

  2. Bill is introduced in either House or Senate

  3. Relevant committee either accepts or kills the bill

  4. Congress votes on whether or not they should pass the bill or amend it

  5. President can approve the bill, veto, pocket veto, or do nothing

New cards

How are bills written and introduced?

  • Anybody can write a bill

  • A member of Congress has to introduce the bill

New cards

What can committees do about bills?

  1. Report out

  2. Send to sub-committee

  3. Kill the bill

New cards

Log Rolling

  • Trading votes with others to gain support for a bill

New cards

Trustee Model of Voting

  • Using your own best judgment to make decisions

New cards

Delegate Model of Voting

  • Voting based on what your constituents want

New cards

Politico Model of Voting

  • Combination of delegate and trustee

  • Pragmatic approach

New cards

Pork Barrel Spending

  • Amending a bill to send money to your state

New cards


  • Pork barrel spending except extremely specific

    • i.e. to a specific business or city rather than a state

New cards

House Debates

  • One hour maximum for everybody to talk

    • Majority + minority leaders and speaker of the House get longer

New cards

Senate Debates

  • Anybody can talk as long as they want

  • Have a filibuster

New cards


  • Extending the debate as long as possible to prevent a law from being passed

  • Only in Senate

  • Stopped by cloture

New cards

How does the House amend bills?

  • Amendments have to be germane

    • Relevant to whatever the bill is about

New cards

How does the Senate amend bills?

  • Amendments can be about anything

New cards


  • Vote that ends filibuster

  • 60 votes needed

    • 50 from majority party and 10 from minority

  • Does not apply to presidential appointments

New cards

How much of Congerss is needed to override a presidential veto (NOT a pocket veto)?

  • 2/3 or 67%

New cards

Pocket Veto

  • POTUS chooses to neither sign nor veto a bill

    • As a result, bill doesn’t become law

New cards

Budget Deficit

  • Spending is larger than income

    • Solved with bonds

New cards


  • Loyalty to a political party

New cards

Divided Government

  • Branches and levels of government being controlled by different parties

New cards


  • Government divided by extremes with little attempts to compromise

New cards


  • Government is too divided to accomplish anything

New cards

Echo chambers

  • Seeking out media that reinforces your own beliefs

  • Gathering with those who share the same opinions as yourself

New cards


  • Federal responsibility

  • Redistribution of seats in the House after every 10-year census

New cards


  • State responsibility

  • Redrawing the district lines on the map

New cards


  • Drawing electoral district lines to the advantage of one group or party

  • Packing or Cracking

New cards

Packing Gerrymandering

  • Concentrating minority votes into few districts to gain more seats for the majority surrounding districts

New cards

Cracking Gerrymandering

  • Splitting minority strength across many districts

New cards

POTUS Formal Powers

  • Faithfully execute the law

  • Commander-in-Chief

  • Grant reprieves, pardons for federal offenses

  • Convene Congress in special sessions

  • Receive ambassadors

New cards

POTUS Informal Powers

  • Executive agreements

    • Doesn’t require Senate approval

    • Not successively binding

  • Executive orders

  • Executive privilege

  • Bargaining with Congress/persuading the people (Bully pulpit)

  • Signing statements

New cards


  • Grant repreives and pardons to reduce prison time; entirely erase one’s sentencing

New cards

House of Representatives Roles

  • Designed to represent: The People

  • of Legislators: 435

  • Terms: 2 years

  • Number elected every two years: 435

  • How many times can they run for re-election: Infinitely

  • Role for impeachment: Charges a public official

  • Role in appointment of judges: N/A

  • Role in appointment of cabinet secretaries: N/A

  • Role in other pres. appointments: N/A

  • Role in passing tax bills: Introduces

  • Most powerful official: Speaker of the House

  • Type of Democracy: Participatory

New cards

Senate Roles

  • Designed to represent: The States

  • of Legislators: 100

  • Terms: 6 years

  • Number elected every two years: 1/3rd

  • How many times can they run for re-election: Infinitely

  • Role for impeachment: Conducts trial; determines verdict

  • Role in appointment of judges: Approves or disapproves

  • Role in appointment of cabinet secretaries: Approves or disapproves

  • Role in other pres. appointments: Approves or disapproves

  • Role in passing tax bills: N/A

  • Most powerful official: Senate Majority Leader

  • Type of Democracy: Elitist

New cards

Federal Court Structure

  • Supreme Court

  • Circuit Courts (11 total)

    • Settle legality issues

    • No jury

  • District (trial) Courts

    • Settle issues of fact

    • With jury

New cards

En banc

  • All Supreme Court justices review a matter because of specific complexity or detail

New cards

Stare Decisis

  • “Let the decision stand”

    • Avoid overruling past decisions

New cards


  • Interprets Constitution in original context

  • Favored by Conservatives

New cards


  • Wording is vague and can be interpreted differently

New cards

Living Constitution

  • Pragmatic Approach

  • Uses history and current understanding; also allows current opinion to influence laws

  • Favored by Liberals

New cards


  • Collection of unelected officiasl who implement the laws and policies of government

    • Part of executive branch

New cards

Delegated Discretionary Authority

  • Congress passes a law + tells an agency to implement it using their judgment/expertise

  • Gives agencies A LOT of authority

New cards

Iron Triangle

  • Symbiotic relationship between Congress, Bureaucracy, and Interest Groups

  • Only those involved in the triangle benefit

New cards

Categorical Grants

  • Congress providing funding for SPECIFIC purposes

New cards

Block Grants

  • Congress providing funds for broad and general reasoning

New cards

Explore top notes

note Note
studied byStudied by 13 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 20 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 57 people
Updated ... ago
5.0 Stars(2)
note Note
studied byStudied by 12 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 24 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 164 people
Updated ... ago
4.0 Stars(1)
note Note
studied byStudied by 14 people
Updated ... ago
5.0 Stars(2)
note Note
studied byStudied by 48 people
Updated ... ago
5.0 Stars(1)

Explore top flashcards

flashcards Flashcard99 terms
studied byStudied by 23 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard22 terms
studied byStudied by 3 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard76 terms
studied byStudied by 21 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard100 terms
studied byStudied by 19 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard21 terms
studied byStudied by 79 people
Updated ... ago
3.9 Stars(7)
flashcards Flashcard172 terms
studied byStudied by 67 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard38 terms
studied byStudied by 31 people
Updated ... ago
5.0 Stars(2)
flashcards Flashcard114 terms
studied byStudied by 19 people
Updated ... ago
5.0 Stars(1)