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:
  • political spending by