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GOV DOCUMENTS
midterm cases and papers
| Question | Answer |
|---|---|
| Marbury v. Madison | Judicial Review Court ruled Marbury deserved his commission but struck down the Judiciary Act = Increased SCOTUS' power |
| McCulloch v. Maryland | Ruled Congress has implied powers under the Necessary and Proper Clause States can't tax the federal government |
| Gibbons v. Ogden | Expanded Congress' power under Commerce clause Struck down NY steamboat monopoly, establishing federal law's supremacy over state laws |
| US v. Lopez | Limited Congress' Commerce clause power Ruled that possessing a gun near school was not an economic activity |
| Baker v. Carr | One person = one vote Ruled that legislative apportionment is a judiciable issue. Allowed federal courts to hear redistricting cases |
| Shaw v. Reno | Racial gerrymandering violated Equal Protection Clause if race is the primary factor for drawing |
| Tinker v. Des Moines | 1st Amendment rights in schools |
| Morse v. Frederick | Allowed schools to limit free speech of students as it applies to drug use "Bong Hits 4 Jesus" |
| Gideon v. Wainwright | Expanded 6th Amendment right to counsel. States must provide an attorney to those who cannot afford one |
| Brown v. Board | Racial segregation in public schools is unconstitutional. Overturned Plessy v. Ferguson |
| McDonald v. Chicago | Incorporated 2nd Amendment through 14th Amendment |
| Federalist #10 | Factions are inevitable; large Republic controls them |
| Federalist #51 | Separation of powers and checks and balances prevents tyranny |
| Federalist #70 | Need for strong, energetic executive |
| Federalist #78 | Judicial review and independent judiciary |
| Brutus #1 | Fear of a strong national government and loss of state power |
| 14th Amendment's Equal Protection Clause | Requires states to apply laws equally to all people, preventing discrimination by ensuring fair treatment |
| 14th Amendment's Due Process Clause | Prevents states from denying life, liberty, or property without fair legal procedures. Allows Bill of Rights protections to be incorporated into states |
| Gideon v. Wainwright | Couldn't afford an attorney and argued that violated 6th Amendment. Incorporated 6th to the states |
| New York Times v. US | Gained Pentagon Papers but couldn't print because Nixon said their was a National Security danger. Ruled there was no danger and expanded 1st Amendment |
| Schenck v. US | Espionage Act. Schenk encouraged defecting and court ruled that his actions promoted a clear and present danger. Allows gov to limit speech if it causes danger |
| Wisconsin v. Yoder | Amish didn't want to send kids to school past 8th grade but this violated Wisconsin law. Amish can pull kids out of school because of free exercise clause |
| Engle v. Vitale | Religious prayer in schools. School can't promote a religion. 1st Amendment Establishment Clause |
| Citizens United v. FEC | Under the 1st Amendment, corporations and unions can spend unlimited money on "independent expenditures" to support or oppose political candidates. Restricting such political speech based on the speaker’s corporate identity is unconstitutional. |
| Letter From Birmingham Jail | Arguing to oppose unjust laws through nonviolent direct action. It justifies immediate civil rights action over "waiting" for court solutions."Injustice anywhere is a threat to justice everywhere" and urging the fulfillment of Equal Protection Clause. |
| The Declaration of Independence | Foundation for the concept of popular sovereignty. Inspired by philosopher John Locke. That all humans are born with “natural rights,”. Social contract. |
| Articles of Confederations | Established a weak central government and placed most powers in the hands of the states. Lead to economic issues + Shays Rebellion. |
| Shays Rebellion | Uprising by debt-ridden farmers that exposed weaknesses of the Articles of Confederation. By demonstrating the federal government's inability to maintain order or raise a national army, it spurred key leaders to call for the Constitution |
| Article I | Legislative Branch: Defines powers of Congress, including the Commerce Clause, necessary and proper clause (elastic clause), and tax/spending powers. |
| Article II | Executive Branch: Sets the requirements, power, and duties of the president (commander-in-chief, treaties, appointments). |
| Article III | Judicial Branch: Establishes the Supreme Court and its jurisdiction. |
| Article IV | Federalism: Outlines relations between states (full faith and credit clause). |
| Article V | Amendment Process: Details how to change the Constitution (proposal and ratification). |
| Article VI | Supremacy Clause: Establishes that the Constitution and federal laws take precedence over state laws. |
| 1st Amendment | Freedoms of religion (establishment/free exercise clauses), speech, press, assembly, and petition. |
| 2nd Amendment | Right to bear arms. |
| 4th Amendment | Protects against unreasonable search and seizure. |
| 5th Amendment | Rights of the accused |
| 6th Amendment | Right to a speedy and public trial, impartial jury, and legal counsel. |
| 8th Amendment | Prohibits excessive bail and cruel and unusual punishment. |
| 10th Amendment | Reserved powers to the states (foundation of federalism). |
| 13th Amendment | Abolished slavery. |
| 14th Amendment | Citizenship clause (overturns Dred Scott), Due Process clause (used for selective incorporation), and Equal Protection Clause (key in civil rights cases). |
| 15th Amendment | Voting rights for African American men. |
| 17th Amendment | Direct election of U.S. Senators. |
| 19th Amendment | Women's suffrage. |
| 22nd Amendment | Limits the president to two terms. |
| 25th Amendment | Presidential succession and disability. |
| 26th Amendment | Lowered voting age to 18. |
| Articles of Confederation vs. Constitution : Federal Gov Structure | The Articles had only a unicameral legislature (no executive or judiciary), while the Constitution created three branches for separation of powers |
| Articles of Confederation vs. Constitution : Sovereignty | Under the Articles, states retained most power, whereas the Constitution declared itself the supreme law of the land, sharing power with states. |
| Articles of Confederation vs. Constitution : Taxation | Congress under the Articles had to request funds from states; the Constitution empowered Congress to levy taxes directly on individuals. |
| Articles of Confederation vs. Constitution : Representation | In the Articles, each state had one vote; in the Constitution, the House of Representatives is based on population, and the Senate provides equal representation. |
| Articles of Confederation vs. Constitution : Ratification | The Articles required unanimous state consent to amend; the Constitution required only 9 of 13 states |