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Ap. Gov (c and d)

TermDefinition
McCulloch v. Maryland implied powers and supremacy clause (states cannot tax federal institutions.
U.S. Lopez the commerce clause has limits (importance of judicial review, gun)
Engel v. Vitale restablishes the establishment clause (prayer is prmoting a religion)
Wisconsin v. Yoder Amish, first ammendment right overrules having to go to school for education
Tinker v. Des Moines freedom of speech for students if it is not distracting (blank armbands)
NYT v. U.S. prior restraint is unconstituitional, the press has freedom unless it literally describes exact landing locations
Shneck v. U.S. clear and present danger test with speach
Gideon v. Wainwright 6th ammendment right to counsel incorporated via 14th ammendment
Roe v. Wade right of privacy for inidiviudals via the 14th ammendment
McDonald v. Chicago 2nd ammendment incorporation via 14th ammendment
Brown v. Board of Education segragation violates the equal protectio clause
Citizens United v. FEC expenditures = free speech= abolished the laws against political funding
Baker v. Carr districting is able to be jusged
Shaw v. Reno race predominant districts need to be watched closely
Marbury v. Madison set-up judicial review because a judge was not given comission, and was not given it by the supreme court becuase they are not allowed to based on the review
Declaration of Independence natural rights come from nature, and the consent of the govern is key
Articles of Confederation no ability to tax (led to shay), needed unanimous decision for ammendment, failed
U.S. Constituition enurmated powers, checks and balances, federalism
Federalist No. 10 (madison) argues that a strong, large republic is the best way to control the dangers of "factions"—groups with interests contrary to the rights of others or the permanent, aggregate interests of the community (no majority tyranny)
Brutus No. 1 (antifederalist) a pivotal Anti-Federalist essay arguing against ratifying the U.S. Constitution, warning that it would create a dangerous, centralized government that would eliminate state sovereignty and destroy individual libert (states will become powerless)
Federalist No. 51 (madison) explains how the Constitution’s structure provides checks and balances to prevent any single branch of government from becoming too powerful. (becuase men are bad)
Federalist No. 70 (hamilton) , written by Alexander Hamilton in 1788, argues for a single, "energetic" executive (the President) rather than a committe, need a good president who can take responsibility
Federalist No. 78 (hamilton) argues for an independent judiciary, life tenure for judges ("good behavior"), and the power of judicial review. Hamilton famously describes the judiciary as the "least dangerous" branch, as it holds "neither force nor will, but merely judgment".
Letter from a Birmingham Jail moral obligation to disobey unjust laws, civil rights are natural rights
Created by: Joepapa
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