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We the People States
| Question | Answer |
|---|---|
| Marbury vs Madison | Marbury v. Madison (1803) was significant because it established judicial review, the Supreme Court's power to declare an act of Congress unconstitutional, making the judiciary a coequal branch of government and a final interpreter of the Constitution, |
| McColloch vs Maryland | established that federal laws are supreme to state laws and Congress can pass laws not explicitly listed in the Constitution if they're necessary to carry out its written powers- where centralization of power began |
| 14the amendment | due process clause- cannot take away natural rights without due process of law |
| Zero-Emission Vehicle Program | incentive based, requiring automakers to sell certain amount electric, plug-in hybrid, or fuel-cell vehicles to reduce air pollution/ greenhouse gases- California implemented in 1990 and by 2020, 10 other states+ federal govt adopted similar programs |
| Chicago vs McDonald | second amendment applies to state /local govt through Fourteenth Amendment. ruling limits states' power to restrict gun ownership, tying to same individual right federal protects, limits state powers- selective incorporation |
| selective incorporation | U.S. Supreme Court applies specific protections from Bill of Rights to state govt, using Fourteenth Amendment, ensuring states can't infringe on fundamental liberties like free speech , making Bill of Rights binding on states as well |
| dual federalism | a system where federal and state governments have distinct, separate, and sovereign powers, with the federal government handling national issues (defense, foreign policy) and states managing local affairs (education, law enforcement) |
| Cooperative federalism | a system where federal and state governments share power and work together to implement policies |
| The Texas Border dispute(2024) | strengthened cooperative federalism . Fifth Circuit Court of Appeals stated that previous ruling of District Court was overstating power and that Texas had right to put up fencing. reinforced idea that powers of two governments are able to change. |
| The New Deal Programs | example of early cooperative federalism because federal govt made programs while states implemented them. |
| Anti-commandeering doctrine | stems from the Tenth Amendment and reinforces the concept of federalism. It prevents the federal government from forcing state and local governments to implement federal laws and programs. |
| Printz vs United States | usage of anti commandeering doctrine, in which the court ruled that the federal government could not compel law enforcement officers to conduct background checks on potential gun purchasers, as the states had an interest in managing their own personnel. |
| National Minimum Drinking Age Act of 1984 | Instead of “forcing states” to raise the legal drinking age, Congress threatened the states that if they did not comply, they would lose a portion of their federal highway funds, which many of the states simply couldn’t afford |
| Article III Section II | Constitution states that “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution”. This explicitly states the jurisdiction of the Supreme Court. |
| Plessy v. Ferguson | separate but equal- judicial helped accommodate civil rights as seen in this case |
| Brown v. Board of Education | :racial segregation in schools is unconstitutional |
| Article I, Section 9 | allows for suspension of habeas corpus, but only under very specific, limited conditions: Lincoln argued "when in Cases of Rebellion or Invasion the public Safety may require it" congress was in recess |
| Ex parte Merryman | -judicial branch interpreted the Constitution differently and ruled Lincoln's act unconstitutional in Ex parte Merryman, stating that only Congress could suspend habeas corpus. |
| Habeas Corpus Suspension Act of 1863 | passed by congress after issue after recess |
| NFIB vs Sebilius | ACA required Medicaid expansion, many states challenged as federal overreach under spending clause. Judicial ruled that federal govt couldn’t force states to expand Medicaid through judicial review /through political negotiation, many states expand |
| Article 1 section 8 clause 1 | spending clause- power to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States," |
| President Trump reallocated funds from the Treasury and the Department of Defense for his border wall | argued that the broad emergency powers allowed him to do so, but bypassed Congress's power of the purse. |
| Little v. Barreme | President, even as Commander-in-Chief, must follow limitations from Congress, meaning executive military orders exceeding legislative authority are unlawful, creating crucial check on executive and reinforcing legislative supremacy in foreign policy |
| Trump v. United States | President has absolute immunity for core presidential acts (like issuing pardons, vetoes) only presumptive immunity for other official acts, requiring prosecutors to prove criminal prosecution wouldn't unduly intrude on the presidency, |
| Korematsu vs United States: | authorized mass removal and incarceration of Japanese Americans during WWII, citing "military necessity" for national security against potential Japanese espionage- allowed biased judges to determine meaning of Constitution led to oppressing minorities |
| The Marshall Court | Established judicial review, national government laws over state laws, protecting existing contracts. Most closely aligned with federalist party and whigs |
| Key cases of Marshall Court | Marbury v Madison, McCulloch v Maryland, Worcester v Georgia, Gibbons v Ogden |
| Worcester v Georgia | supreme court ruled that Georgia had no jurisdiction over Cherokee reservations. Georgia refused to enforce decision and president Jackson did not support the court |
| John Marshall | American jurist and politician who served as the chief justice of the US supreme court and helped establish the practice of judicial review |
| Pragmatism | A philosophy which focuses only on the outcomes and effects of processes and situations |
| Textualism | an approach to interpreting the constitution that relies on a literal “ plain words” reading of the document |
| Original Intent | a view that the constitution should be interpreted according to the original intent of the framers. Many conservatives support this view. |
| Departmentalism | belief that each branch is coequal, has the authority to interpret the constitution in regards to its own branch |
| Popular constitutionalism | The people get to determine the meaning of the constitution and then elect representatives to enforce that vision |
| Thomas Jefferson- | proponent of departmentalism because he wanted to limit the power of each branch |
| Miranda v Arizona | Supreme court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police |
| Cooper v Aaron | 1958: reaffirmed brown v board outlawing the separate but equal doctrine reasserted that the U.S. constitutions supremacy clause, declared a federal judge ruling could not be ignored/ overruled by a governor of a state |
| Ex part McCardle | allowed congress to change the appellate jurisdiction of the supreme court. |
| Martin v Hunter lessee | the supreme court can review the decisions of the highest state courts if they involve a federal law or the federal constitution |
| Youngstown sheet and tube Co. vs Sawyer | Case where supreme court placed limits on the executive power of the president. Court REJECTED executive branch's interpretation of the constitution. |
| Gonzalez vs Raich | case where the commerce clause gave congress the authority to prohibit marijuana growth despite state laws to the contrary, national power trumps state |
| The judiciary act of 1789 | created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures. |
| Whiskey Rebellion (1794) | a violent uprising in Pennsylvania against a federal excise tax on whiskey. The federal government under President George Washington sent in troops to suppress the rebellion, asserting federal authority over state-based resistance. |
| South Dakota v. Dole (1987) | upheld Congress's authority to condition federal funds to states (in this case, highway funds) on compliance with certain laws (raising the drinking age to 21). The Court ruled that this did not violate the Tenth Amendment. |
| punitive federalism | federal government uses threats, financial leverage, and regulatory power to punish/ supress state/local govts. national government wielding its power coercively, rather than cooperatively |
| Environmental Policy (EPA vs. California): | federal govt, through the EPA, challenged California's authority to set stricter vehicle emissions standards, attempting to revoke it in favor of weaker federal rules, a move seen as punishing California for leading on climate action. |
| Environmental Protection: The Clean Water State Revolving Fund | The EPA provides federal grants to states to improve wastewater treatment, ensure clean water, and support local water infrastructure projects. States manage funds and use them to support local municipalities' needs for water quality. non zero sum |
| The Nullification Crisis (1832-1833) | South Carolina tried to nullify federal tariffs, arguing states had right to reject unconstitutional federal laws. , Andrew Jackson strongly opposed it, asserting that the Union must remain indissoluble. First serious challenge to national powers. |
| The Supremacy Clause (Article VI, Clause 2) | National govt is supreme to state if it comes down to it. This is a key part of the Constitution for resolving conflicts between state and federal laws. |
| The Commerce Clause (Article I, Section 8) | Gives Congress the power "to regulate Commerce... among the several States." This clause has been pivotal in many landmark cases, such as Wickard v. Filburn (1942), |
| Dobbs v. Jackson Women's Health Organization (2022) | overturned Roe v. Wade, protected abortion under the 14th Amendment’s right to privacy. Ruling : no constitutional right to abortion, leaving issue to individual states. how the Constitution’s “right to privacy” is interpreted. |
| Dred Scott v Sandford | people of African descent, whether enslaved or free, could not be U.S. citizens and thus had no right to sue in federal court. Misinterpretation of constitution. |
| No Child Left Behind Act | federal law that required standardized testing and accountability measures in public schools as condition of receiving federal education funding. federal govt gained authority over education policy. States lost autonomy in a policy area they controlled |
| Balance of Federalism now | Federal- commerce State- Education |
| So how do you think the modern day federalism versus anti federal or at least the relationship between the state and the federal government represents the values of the intentions of the founders? | reflects founders’ intention to divide power between national and state governments, but departs from vision in practice due to expansion of federal authority and reliance on conditional funding. |
| Coercions vs cooperative? | balances cooperation and coercion by allowing federal govt to use funding incentives to pursue national goals while relying on states for implementation. |
| 65% | Statistic of how if congressmember does something against their party, 65% they don't get reelected. |
| is problem federalism or partisanship? | immigration enforcement, disputes involving sanctuary states, often framed as state v federal power struggles, but track partisan control. States invoke federalism when federal immigration policy conflicts with party’s preferences, |
| Do you support term limits for justices? | In Federalist No. 78, Hamilton defends life tenure as essential to judicial independence so the Court can neutrally resolve conflicts between the states and the federal government. , |
| If judges can be removed, doesn’t that make the point of the supreme court, which is that they are not supposed to be subject to political pressures, doesn't that make it not important? | Federalist No. 78, Hamilton defended judicial independence on assumption of limited partisanship and restrained judicial role., intense polarization and long judicial tenures have turned independence into long-term influence, raising doubts . |
| Should we remove power for president to appoint justice because that would make it political? | The goal wasn’t to make judges apolitical, it was to limit political pressure after appointment. We can't have anyone else do it, congress would be in control of all three branches. |
| Davis vs Ermold | In Davis v. Ermold, lower courts enforced Obergefell, ruling a clerk couldn’t refuse same‑sex marriage licenses, while the Supreme Court declined review. The case shows how constitutional interpretation can differ across courts |
| example of executive enforcing | After Brown v. Board (1954) declared school segregation unconstitutional, the Little Rock Nine faced violent resistance when integrating Central High School. President Eisenhower intervened by sending federal troops to enforce the Supreme Court’s ruling. |
| Gitlow vs New York | established selective incorporation of bill of rights, states cannot deny freedom of speech, protected through 14th amendment |
| Federalist No. 39 | Madison argues constitution is both federal and state |
| Arizona vs United States | Supreme Court struck down provisions of Arizona’s 2010 immigration law ruling that federal law preempts state law in regulating immigration. Court allowed requiring police to check the immigration status of someone lawfully stopped or arrested |
| Federalist 78 | Federalist 78.discusses power of judicial review. federal courts have the duty to determine whether acts of Congress are constitutional and to follow Constitution when there is inconsistency. |
| The war powers resolution | A law passed in 1973 spelling out the conditions under which the president can commit troops without congressional approval. |
| Ex Parte Miligan | Ruled that a civilian cannot be tried in military courts while civil courts are available. |
| Countermajoritarian Difficulty - Alexander Bickel | the tension arising from unelected Supreme Court justices having the power to overturn laws enacted by elected representatives. This concept questions the legitimacy of judicial review within a democratic system based on majority rule |
| Andrew Jackson's Bank Veto (1832) | Jackson openly claimed the president could interpret the Constitution independently of the Court. |
| Executive order 9066 | Japanese-Americans forced into camps causing loss of homes & businesses, 600K more renounced citizenship; demonstrated fear of Japanese invasion |
| Why tension in federalism can be healthy | States are Laboratories of democracy(Justice Brandeis). Wisconsin’s Progressive reforms during great depression showed how state could experiment with policies to address problems such as economic insecurity. inspired federal programs during New Deal. |
| Why tension can be unhealthy | When one level uses power to coerce rather than persuade. No child left behind act. |
| How do courts tell difference between healthy and unhealthy federalism | Courts distinguish healthy federalism tension from unconstitutional overreach by asking whether states retain a meaningful choice, whether federal action respects constitutional limits, and whether individual rights and federal supremacy are protected |
| are federalism conflicts best resolved by the courts or through the political process | Courts clarify constitutional boundaries, as Obergefell v. Hodges, while politics—through, elections, and state experimentation, like marijuana legalization—resolves everyday disputes. good federalism =courts setting lines and politics managing balance. |
| Why do you think that the other two branches have accepted judicial review even though its not in the constitution? | other branches accepted judicial review because was established by Marbury v. Madison and became key part of the U.S. system of checks and balances. Rejecting would create political and practical problems, so compliance became pragmatic choice |
| Is there anything the supreme court has gotten wrong? | dred scott vs sandford. korematsu vs us |
| Federal law that made marijuana illegal | Controlled Substance act |
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