Foundational Documents/Court Cases/Const. Clauses

Question 1

Marbury v. Madison

Answer 1

1803, establishes judicial review (allows court to review constitutionality of a law)

landmark case

Question 2

McCulloch v. Maryland

Answer 2

Congress made 2nd bank, state tried to tax it, baker refused to pay tax

1819, expands federal implied powers, Congress can make National bank (necessary and proper clause)

landmark case

Question 3

Schenck v. United States

Answer 3

socialist distrib. papers telling people to disobey the draft during wartime

1919, allows limits to speech based on “clear and present danger” principle

first amendment

Question 4

Brown v. Board of Education of Topeka

Answer 4

African Americans denied some all white public schools, state said legal bc of “separate but equal” doctrine

1954, overturned plessy v. Ferguson, separate is not equal, schools must integrate

fourteenth amendment, equal protection clause

Question 5

Baker v. Carr

Answer 5

state apportioned in way that ignored population changes

1961, Holds the court may intervene in appointment cases and that every citizen’s vote carries equal weight

fourteenth amendment, equal protection

Question 6

Engel v. Vitale

Answer 6

1962, Says that there can be no school-led prayer in public schools

first amendment, establishment clause

Question 7

Gideon v. Wainwright

Answer 7

1963, Requires that states provide defendants with attorneys in state courts

sixth amendment, right to counsel

Question 8

Tinker v. Des Moines

Answer 8

kids wear armbands protesting Vietnam war in school, get in trouble

1969, Vietnam armband protest, recognizes and protects symbolic speech in schools

first amendment

Question 9

New York Times Company v. United States

Answer 9

US tried to censor article about Vietnam activities, cited national security issues

1971, Limits prior restraint of the press, can’t always be censored by gov

first amendment

Question 10

Wisconsin v. Yoder

Answer 10

Amish parents protest state law requiring kids to go to school up tp 16 bc of religion

1972, amish kids can’t be forced to go to school after 8th grade, against religion

first amendment

Question 11

Roe v. Wade

Answer 11

woman protested not being able to get an abortion in Texas, multiple violations of constitution

1973, Establishes a woman’s right to an abortion under specific circumstances

landmark (14th amendment, due process clause)

Question 12

Shaw v. Reno

Answer 12

state denied reapportioning bc only had black majority, people claimed it was to get more black reps. elected

1993, race can’t be sole basis of apportioning districts (gerrymandering)

fourteenth amendment, equal protection

Question 13

United States v. Lopez

Answer 13

1995, congress overstepped powers to regulate commerce w/preventing guns on school grounds, overturned

landmark

Question 14

McDonald v. Chicago

Answer 14

suits filed to challenge Chicago gun bans after precedent in different case

2010, Incorporated the 2nd Amendment right to bear arms to the states

2nd amendment

Question 15

Citizens United v. Federal Election Commission

Answer 15

PAC argued restriction of them releasing Hilary movie

2010, Removed campaign contribution limits for business and unions

first amendment

Question 16

Miranda v. Arizona

Answer 16

subjects confessed through interrogation techniques, not informed of fifth amendment rights

1966, Says that police must explain the rights of the accused at the time of arrest

fifth amendment

Question 17

The Declaration of Independence

Answer 17

enlightenment ideals, natural rights (John Locker, rights that gov can’t take away) consent of governed (Rousseau, popular sovereignty where people must agree to gov, social contract where people give up some freedom for gov protection)

Question 18

Articles of Confederation

Answer 18

• confederation of US, only had legislative branch
• states have more power/militia/currencies, AoC can’t raise funds/army
• needed unanimity for amendments, 9/13 for laws

Question 19

Constitution

Answer 19

Article 1 (legislative, necessary and proper clause, powers of Congress), Article 2 (executive, electoral college), Article 3 (judicial), Article 4 (state-fed relations), Articles 5/7 (proposing/ratifying amendments), Article 6 (supremacy clause)

Question 20

Federalist 10

Answer 20

• written by James Madison, rep. style gov. will protect minority
• US too big for one faction to unite over others
• factions will compete against each other, no one will get power

Question 21

Brutus 1

Answer 21

• anti-fed papers, necessary and proper/supremacy clause will nullify states’ laws, taxation will make people not want state taxes
• proposed constitution gives too much power to federal govt
• can’t happen on land as large as US bc reps. can’t know all citizens’ interests

Question 22

Federalist 51

Answer 22

• written by James Madison, ambition must counteract ambition
• how checks and balances can be created
• importance of separation of powers
• federalism will further create checks/balances

Question 23

Federalist 70

Answer 23

-written by Alexander Hamilton, wants strong unitary executive
- best way for exec. to act quickly in crisis
- one person can clearly be blamed if exec. becomes corrupt/screws up

Question 24

Federalist 78

Answer 24

• written by Alexander Hamilton, wants independent judicial system
• life terms for judges, prevents them from being swayed by parties/constituents
• judicial not more powerful than legislative, just checks it by declaring laws unconstitutional

Question 25

Letter From a Birmingham Jail

Answer 25

• how equal protection clause supported civiil rights
• silence of good people is worse than action of bad people
• civil disobedience is an appropriate response to injustice, raises the stakes

Question 26

commerce clause

Answer 26

Congress can regulate commerce between states, in article 1

Question 27

due process clause

Answer 27

started selective incorporation (applies bill of rights on case by case basis to states), in 14th amendment

Question 28

elastic clause/necessary and proper clause

Answer 28

Congress can pass any laws needed to carry out its expressed powers (implied powers), in article 1

Question 29

establishment clause

Answer 29

forbids government from establishing a religion that everyone must follow, in 1st amendment

Question 30

free exercise clause

Answer 30

government cannot prohibit free exercise of religion, can regulate to some degree, in 1st amendment

Question 31

equal protection clause

Answer 31

everyone has equal protection under the law, in 14th amendment, used for many civil rights cases

Question 32

full faith and credit clause

Answer 32

each state must honor the laws and court decisions of every other state, in article 4

Question 33

supremacy clause

Answer 33

establishes hierarchy of the laws, constitution is highest law, then federal, then state, in article 4