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Marbury v Madison (1803)
Established judicial review
Schneck v. United States (1919)
1st Amendment - Limits speech for clear and present danger, like wartime.
Tinker v. Des Moines (1969)
1st amendment - Protects student speech unless it creates substantial disruption in school.
Engel v. Vitale (1962)
1st Amendment - School sponsored prayer is not allowed during school hours because it violates the Establishment Clause
Wisconsin v. Yoder (1972)
1st amendment - Required education laws violate Amish religious freedom and violates the free exercise clause
Gideon v. Wainwright (1963)
5th and 14th amendments (Due process) - Required states to provide attorneys to defendants who cannot afford oneM
Miranda v. Arizona (1966)
5th amendment - Suspects must be informed of their rights before interrogation
Brown v. Board of Education (1954)
14th amendment Equal Protection Clause - Desegregated schools
Baker v. Carr (1962)
Allowed federal courts to hear redistricting cases, leading to equal representation among the districts under the equal protection clause
Shaw v. Reno (1993)
Ruled racial gerrymandering to be unconstitutional and violates equal protection clause
Citizens United v. FEC (2010)
Held that political spending by corporations and unions is protected speech allowing unlimited campaign spending
McCulloch v. Maryland (1819)
10th amendment - Created the supremacy of federal law over state law, implied powers, and allowed congress to create a national bank
US v. Lopez (1995)
Challenged gun free school zones and congressional ability to regulate interstate commerce
Necessary and Proper Clause
Congress can pass laws that are necessary and proper to carry out its enumerated powers
Commerce Clause
Gives congress the power to regulate interstate commerceS
Supremacy Clause
Federal law is more powerful than state law
Establishment Clause
The government is not allowed to establish an official religion
Free Exercise Clause
Anybody can practice their religion freely
Due Process Clause
The Government cannot deny life, liberty, or property without fair legal procedure
Equal Protection Clause
States must treat people equally under the law
Selective Incorporation
Applying the bill of rights to the states by the 14th amendment
1st amendment
protects freedoms of speech, religion, press, assembly, and petition
2nd amendment
the right to bear arms
4th amendment
protects from unreasonable searches and seizures; requires a warrant with probable cause5
5th amendment
The rights of the accused: no self-incrimination, due process, no double jeopardy, and eminent domain
Self-incrimination
Basically the government forcing you to confess of a crime you didn’t do
Double jeopardy
Getting accused of the same crime twice
Eminent domain
The government buying and using the convicted person’s property as public use as long as they give just compensation
Bicameral Legislature
The government is divided by equal representation and balanced representation
Impeachment process
The house initiates a vote, and then that vote goes to the senate
Mandate
A policy that the federal government forms, usually comes from a law, that the states must follow; ex. all public schools must do state testing due to the No Child Left Behind law
Marble Cake Federalism
Where the federal and state governments share powers
Layer Federalism
The federal government and state governments have their own specific powers that are separated
Gridlock
Congress can’t get anything done because the political parties are in conflict
Gerrymandering
Purposefully redrawing voting districts in favor of one candidate
Speaker of the House
Presiding officer of the House of Representatives, controls the legislative process, committee assignments, and floor debate
Vice President
Breaks ties in congress or steps in when the president is unable to serve
Fillibuster
A member of group delays the lawmaking process by an extended debate - forces them to move on to other business
Rules Committee
Largest committee in the house that is responsible for creating the rules and procedures for debating and passing legislation - can be biased upon political party ideals
Discharge petition
a procedural tool in the U.S. House of Representatives that allows a majority of members (218 signatures) to force a bill out of a committee and onto the House floor for a vote
Pocket Veto
president doesn’t sign a bill for 10 days, forcing it to veto. congress cannot override that veto
Commander in Chief
Executive Order
a signed, written, and published directive issued by the U.S. President to manage operations of the federal government, having the force of law without congressional approval
Bully pulpit
A bully pulpit is a conspicuous, high-profile position that provides an opportunity to speak out and be listened to, allowing a leader to shape public opinion and advance policy goals. Coined by Theodore Roosevelt, "bully" means "excellent" or "first-rate," serving as a platform to exhort, instruct, or inspire the nation.
Discretionary Spending
the portion of the U.S. federal budget set annually through appropriations bills, covering defense, education, transportation, and homeland security
Mandatory Spending
funds authorized by permanent law rather than annual appropriations, primarily covering entitlement programs like Social Security, Medicare, and Medicaid.
An Appropriations Act is a legislative motion in the U.S. Congress that authorizes the expenditure of federal funds for specific purposes
Federalist #10 - James Madison
Factions are inevitable and having a large republic prevents tyranny
Full Faith and Credit Clause
Requires states to recognize and enforce acts, records, or judgements made by other states (if you get married in Virginia, you are still married in Michigan)
Privileges and Immunities Clause
requires states to treat citizens of other states equally to their own residents
Extradition
transferring a fugitive from one jurisdiction to another
Brutus No. 1
Anti-federalist paper that feared centralized and tyranical power along with the loss of liberty
Federalist #51
checks and balances and separation of powers are necessary so each branch can limit the others and prevent any one from becoming too powerful.
Federalist #78
explains that the judiciary is the weakest branch and must have the power of judicial review to interpret laws and protect the Constitution.