Articles of Confederation
- First constitution
- Very weak
- Created nation and COngress
-States all the power - STATE WEAKNESSES (list them for later)
Declaration of Independence
- COmplaints
- List of values/natural rights
- Pursuit of happiness, life, liberty
Brutus No. 1
- Robert Yates
- Whether AOC should be replaced with New Jersey and VIrginia plan amalgamation known as Great COmpromise which forms backbone of US CONst. and branches
- ANti-federalist
- ## Can a large republic represent its people? vs. 13 small republics
Marbury v. Madison
Background -
WIlliam Marbury sued James madison for not delivering commissions
Case -
Does Marbury have right to commission?
COurt decision -
- Madison should not be forced,
- Judiciary Act gives power for writs of mandamus under original jurisdiction cases
- Struck down part of Judiciary Act
- First time federal act is struck down
- Establishes and first time SCOTUS showcasing judicial review
REMEMBER JUDICIAL REVIEW
Expressed powers
Explicitly stated powers in the constitution
Implied powers
not explicitly stated in the constitution, derived from expressed powers
McCulloch v. Maryland
- Maryland didn’t like national bank in their state
- Tried taxing the bank into nonexistance
- Bank refused, Maryland sued
- Decision for McCulloch
- Gov. has implied powers to make national bank
- Could not tax branch of national bank, impeded on government ability to carry out its duties
CLAUSES IN QUESTION: - NEcessary and Proper
- SUpremacy clause
Necessary and Proper Clause
- Congress has power to exert implied powers to fulfill expressed powers
Supremacy Clause
- Constitution is SUPREME LAW OF THE LAND, everything in the government MUST follow constitution, does not necessarily mean federal laws always win
US v. Lopez
- GFSZA
-Implied power from commerce clause - SCOTUS was not ok with that being stretched, struck down federal law
- ## Power given to states
Schenck v. US
- Charles Schenck violated Espionage Act, though no violence
- Mailed 15,000 fliers to draft age men
- Clear and Present danger test
-In times of war freedoms can be shafted
Brandenburg test
HIGH likelihood of imminent disorder/lawlessness
Tinker v. Des Moines
“Material and substantial disruption,” cannot ban any symbolic speech that does not cause a severe disruption or infringe upon others’ rights, kids do not lose rights
Engel v. Vitale
School had a prayer that was neither voluntary nor nondenominational, all of which violated establishment clause in 1st amendment
Wisconsin v. Yoder
Wisconsin law
Kids go to school until age of 16
Amish people took kids out fo school after 8th grade due to lifestyle and religion
- 7-0 decision for yoder
- Court said they didn’t really need 2 years, religion deeply rooted/established
NY Times v. US
- 1st amendment freedom of press
- Pentagon papers released
- Nixon said violating espionage act
- NY Times said President violating 1st amendment rights
- PRIOR RESTRAINT on press
- Court ruled papers did not endanger national security (but it definitely could like if you tell where and when d-day is coming or smth)
Mcdonald v. Chicago
- Guns banned yo basically fr ong ngl lowkey my bad
- DC v. Heller, SCOTUS says individuals have right to firearms in their homes for self-defense, but not applied to states
- Selective incorporation to states
- 14th amendment due process clause
Gideon v. Wainwright
- Right to assistance to counsel
- State level
- Felonies
Selective iNcorporation for all these
Roe v. Wade
- Woman Jane Roe remains anonymous, wants abortion
- Illegal in Texas unless mothers life at risk
- Appeals, lies abt case at first abt rape, takes it back
- Believes right to privacy affords right to abortion
- Privacy - (particularly in case) 9th amendment
- 14th amendment, Texas’s state law and women being denied liberty in due process
- State bans are illegal, trimester system
- In 1st trimester liberty of women> child, 2nd trimester state can regulate and not ban for interest of health of mother, 3rd trimester states can regulated abortion more or even ban, but no ban if medically necessary to save mother
Planned parenthood v. Casey
