Key Supreme Court Cases and Constitutional Principles

Marbury v. Madison

Established judicial review; allows the court to rule on the constitutionality of congressional laws, executive actions, and state laws. judical review

Judicial Review

The power of the courts to assess whether a law is in compliance with the constitution.

United States v. Lopez

Struck down the Gun-Free School Zones Act, limiting Congress's commerce clause powers; reaffirmed that the 10th Amendment reserves some powers to states.

Commerce Clause

Restricted Congress's powers under the commerce clause.

McCulloch v. Maryland

Established that Congress has implied powers and can establish a national bank based on the necessary and proper clause; states cannot tax the federal government due to the supremacy clause.

Necessary & Proper Clause

Grants Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.

Supremacy Clause

Establishes that federal law takes precedence over state law.

Schenck v. United States

Established that there can be time, place, and manner restrictions on speech, particularly in relation to national security.

Free Speech

The right to express any opinions without censorship or restraint.

Brown v. Board of Education

Declared that racially segregated public schools violate the 14th Amendment.

14th Amendment Equal Protection Clause

Prohibits states from denying any person within its jurisdiction the equal protection of the laws.

Baker v. Carr

Banned malapportionment; established the one person, one vote principle of equal representation.

One Person, One Vote Principle

The principle that each person's vote should carry the same weight in elections.

Engel v. Vitale

Ruled that states cannot hold prayers in public schools, even if participation is voluntary.

Establishment Clause

Prohibits the government from establishing an official religion.

Wisconsin v. Yoder

Held that compelling Amish students to attend public school beyond 8th grade violates the free exercise clause.

Free Exercise Clause

Protects individuals' rights to practice their religion freely.

Gideon v. Wainwright

Incorporated the right to an attorney for felony defendants.

Right to Counsel (6th Amendment)

Guarantees the right to legal representation in criminal cases.

Tinker v. Des Moines Independent Community District

Affirmed that students have free speech rights, including symbolic speech.

Political/Symbolic Speech

Protected form of speech that conveys a political message.

NYT v. United States

Established that the government could not block publication of the Pentagon Papers; there is a heavy presumption against prior restraint.

Freedom of Press

The right of journalists to publish news without government interference.

Prior Restraint

Government action that prohibits speech or other expression before it can take place.

McDonald v. Chicago

Incorporated an individual right to bear arms.

2nd Amendment

Protects the right of the people to keep and bear arms.

Selective Incorporation through 14th Amendment's Due Process Clause

The process by which certain rights in the Bill of Rights are applied to the states through the 14th Amendment.

Shaw v. Reno

Banned racial gerrymandering, even if it benefits minority representation.

Citizens United v. Federal Election Commission

Ruled that corporations and unions have free speech rights to engage in unlimited independent political expenditures.

1st Amendment Free Speech

Protects the rights to freedom of speech, press, assembly, and petition.

Brutus No. 1

Opposed the Constitution and supported states' rights and local democracy.

Factionalism

The division of a group into factions that can render government ineffective.

Large Government Treads on Personal Liberties

The belief that a large government can infringe on individual freedoms.

Large Republic

A large republic is the best way to limit the negative effects of factions.

Factions

Factions create more competition and discussion, leading to more caution in government and better governance.

Majority Tyranny

Prevents majority tyranny because more factions and groups are involved, which prevents one sole man or power from gaining too much power.

Checks and Balances

More groups create checks and balances on each other.

Interest Groups

In favor of more interest groups and competing interests.

Bigger Government

In favor of bigger government, as bigger government equals more factions.

Federalist No. 51

Discusses checks and balances and separation of powers.

Bill of Rights

Protects individual liberty by limiting federal government.

Declaration of Independence

Lists basic natural rights (life, liberty, prosperity) that are unalienable and self-evident, meaning they are not given by the government but are inherent.

Grievances

A bunch of grievances like troops quartering and disbanding local governments that would play into American principles and the Bill of Rights.

Federalist No. 70

Argues that a unitary executive is more energetic and responsive to public opinion.

Unitary Executive

Argues one single President is better than a committee of Executives because it can take quicker actions and be more responsive.

Accountability

Increases accountability because there is only one person to put all the blame on.

Federalist No. 78

Life terms for federal judges establish an independent judiciary that can engage in judicial review.

Judicial Review

Argues that Constitutional scholars should have the final say in interpreting the constitution.

Life-long Terms

Life-long terms allow Justices to be apolitical and not worry about terms.

Letter from a Birmingham Jail

Promoted social movements and civil disobedience to demand fulfillment of the founding principles for minorities.

Civil Disobedience

Called on everyone to face injustices head on.

Article I

Vests powers of Congress; House members are picked through popular vote; Senators are picked by state legislatures (amended); longest article as the framers were most concerned with the legislative process.

Article II

Vests powers of President; oversees U.S. military, manages foreign relations, can veto laws.

Article III

Vests powers of the Supreme Court; President appoints life-long Justices; makes federal courts which have jurisdiction over federal laws, settle state disputes, and judge cases involving government officials.

Article IV

Full faith and credit clause; makes states play nice with each other.

Article V

Constitutional Amendments require 3/4 of both houses and 3/4 of state legislatures to approve, making it hard to amend the Constitution.

Supremacy Clause

All states must adhere to the Constitution & national laws.

Ratification process

The process for the Constitution to be approved.

Natural Rights

Fundamental rights of all humans, not received from a government.

Social Contract

The purpose of government is to protect the rights of the people; social = people.

Popular Sovereignty

Federal government has limited powers that are granted to it by the constitution; sovereignty = government.

Republic

A representative form of government.

Participatory Democracy

Broad citizen participation and an active role for individuals in politics.

Pluralist Democracy

Group-based activism to impact policy making.

Elite Democracy

Limited citizen participation in politics; a small group of elites have most of the power.

Powers of the Articles of Confederation

Congress could declare war, make treaties, borrow money, and coin money.

Congress could not

Tax or regulate interstate commerce.

Shays' Rebellion

Weak federal response shifted public opinion towards supporting a stronger central government and a new constitution.

Great Compromise

Established a bicameral legislature.

Electoral College

Not Congress or the people/popular vote chooses the president; republican.

3/5s Compromise

Enslaved persons would count as 3/5s of a person for congressional apportionment.

Compromise on importation of slaves

Slave trade could not be banned for 20 years.

Amendment process

Created by Article 5; 2/3s of both houses of Congress propose, ¾ of states ratify.

Separation of Powers

Each branch is assigned specific powers.

Checks and Balances

Each branch can limit/block/influence actions of other branches.

Federalism

Division of power between federal, state, and local governments.

Delegated Powers

Given to the federal government.

Reserved Powers

Everything not delegated to the federal government is reserved to the states.

Concurrent Powers

Held by both federal and state governments.

Dynamic Federalism

The changing balance of powers between federal and state governments.

Dual Federalism

States and federal are each supreme in their own sphere; powers do not overlap.

Cooperative Federalism

States and federal share responsibilities, costs, and administration of policies; increases federal power.

Categorical Grants

Federal money to states for a specific purpose.

Block Grants

Federal money to states for use within a broad policy area.

Mandates

Rules that states must follow, whether federal government provides money or not.

Necessary and Proper Clause

Congress can make laws that are 'necessary and proper' for executing their enumerated powers.

Commerce Clause

Congress can regulate anything affecting interstate commerce.

Enumerated Powers

Directly written in the constitution, expressed in Article I, Section 8.

Implied Powers

Powers of Congress not directly written in the constitution.

House of Representatives

Based on population, represents districts; 435 members, 2 year terms, at least 25 years old, citizen for 7 years, more formal, stricter rules.

Senate

Represents states; 100 members, 6 year terms, at least 30 years old, citizen for 9 years, less formal, fewer rules.

Filibusters and Holds

Slow things down in the Senate.

Discharge Petitions

Speed up law making.

Committee of the Whole

A method to expedite legislative processes.

Standing Committees

Permanent committees which handle most congressional work (e.x. Energy & Commerce, Transportation & Infrastructure, confirmation hearings); committee chairpersons are senior members of majority party & vice chair is a senior member from minority party; majority party gets a majority of the committee seats & gets to guide legislation.

Examples

House Judiciary Committee drafts crime bills, defines crimes, & impeachments.

House Ways and Means Committee

Exclusive House committee which deals with tax policy; important, highly-regarded committee.

Joint Committees

Unite House & Senate members; committee to manage Library of Congress & Joint Committee on Taxation.

Select Committees

Temporary, crisis committees; need approval before reporting legislation to the senate; e.x. 2012 terrorist attack on US Consulate in Benghazi, Energy Independence & Global Warming; 2019 select committee to study effects of slavery & possible reparations.

Conference Committees

Temporary committees for figuring out nuance between slightly different bills from both houses; compromise & mark-ups are made to draft a final bill.