Midterm Review

Court case review

  • Marbury v Madison   * Facts:     * adams signed commission but didn’t deliver it   * Constitutional principle:     * supremacy clause   * sig:     * est judicial review   * decision:     * yes marbury has the right but the judiciary cannot do anything about it

Federalism cases:

  • McCulloch v Maryland   * facts:     * not power to est. bank?     * maryland tries to tax bank out of existence     * unconstitutional bc its not a clause in the constitutional     * right to build bank? right to tax bank?   * constitutional principle:     * necessary and proper clause     * supremacy clause   * sig:     * implied powers     * supremacy of national law
  • United States v Lopez   * fa   * constitutional principle:     * commerce clause (the only one)   * fed bc couldnt find powers unlike mcculloch v maryland

Bill of rights cases (balancing order and liberty):

  • Engel v Vitale   * Facts:     * prayer authorized in schools     * parents “violates establishment clause”   * Constitutional principles:     * establishment clause of 1st amendment   * sig:     * doesnt matter if non-denominational, its school sponsored     * kids cant walk away
  • Wisconsin v Yoder   * decision:     * compelling amish students to attend schools past the 8th grade violates the free exercise clause   * constitutional principle:     * free exercise clause of the 1st amendment
  • Tinker v Des Moines   * sig:     * symbolic vs. political speech (in this cases symbolic with the arm bands)   * constitutional principles: 1st amendment freedom of speech
  • New York Times v. United States (Pentagon Papers)   * sig:     * bolstered the freedom fo the press     * est. “heavy presumption against prior restraint” even in cases involving national security   * constitutional principle: 1st amendment freedom of the press
  • *Schenck v United States   * sig:     * speech creating a ^^“clear and present danger”^^ is not protected by the First Amendment     * put restrictions on protected speech

Bill of Rights - incorporating liberties into the states

selective incorporation - bill of rights

  • Gideon v Wainwright:   * sig:     * guranteed the right to an attorney for the poor or indigent in a state felony case
  • Roe v Wade   * sig:     * extended the right to privacy to a woman’s decision to have an abortion   * constitutional principle:     * 14th amendment - due process     * 9th amendment - right to privacy
  • McDonald v Chicago   * sig:     * 2nd amnedment right to keep and bear arms is applicable to the states     * heller v. d.c.   * constitutional

equal - 14th amendment equal protection clause

  • Brown v board of education:   * sig:     * racially segregated schools violates the equal protection clause   * constitutional principle: 14th amendment equal protection clause

campaigning and electoral rules

  • citizens united v. federal elction commission   * sig:     * politicalspendingpolitical spending by

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