federalism
The constitutional division of powers between two different LEVELS of governmentnationalsub national (states)
What was the New Deal?
a series of programs and policies of Relief, Recovery and Reform to combat the effects of the Great Depression during the presidency of Franklin D. Roosevelt.
District of Columbia (DC) v Heller
the Second Amendment protects the right to possess a firearm unconnected with service in a militia for traditionally lawful purposes such as self defense
Ruling in Heart of Atlanta Motel case
Congress may remove any obstructions to the flow of interstate commerce. Hotels and motels exert an economic impact on commerce.Pointed out Heart of Atlanta had 75% guests from out of state and held many conventions for out of state groupsbasically said segregation is disrupting commerce so its illegal
John C Calhoun's key ideas
nullification : Holds that States possessed complete sovereignty prior to the Constitution, and that they never surrendered it. The Constitution is, in effect, a compact entered into by STATES. They therefore have the power to reject the constitution.states have power to nullify or strike down any laws the national govn passes
South Dakota v Dole
The Congressional power to spend money allows congress to set rulesSD drinking age is 19 and if it doesn't raise it to 21 then they can lose some highway funds
10th Amendment
the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the peoplebasically the federal government only has those powers specifically granted by the Constitution
13th Amendment
abolishes slavery
14th Amendment
Granted citizenship to "all persons born or naturalized in the United States," which included former slaves freedoriginally intended for race but now applies to all types of discriminationdue process of law
15th Amendment
right to vote no matter your race if youre male
19th Amendment
women right to vote
24th Amendment
abolished the poll tax for all federal elections
26th Amendment
Voting age 18
27th Amendment
Congressional pay raises can't go into effect until after the next congressional election
Missouri Compromise
In order to preserve the balance of slave and free states the Compromise admitted Missouri as a slave state and Maine as free stateIF slavery was to be forever prohibited in the rest of the Louisiana Purchase north of missouri lines
Kelo v. New London
The governmental taking of property from one private owner to give to another in furtherance of economic development constitutes a permissible "public use" under the Fifth Amendment. Court of Connecticut decision affirmed
Defense of Marriage Act (DOMA)
Defined marriage for federal purposes as the union of one man and one women and allowed states to refuse same sex marriageIt is now unconstitutional
US v Windsor
struck down the Defense of Marriage ActDefense of Marriage Act violates the equal protection act because it discriminates against gays
eminent domain
the governments power to take private land for public use
suspect classifications
any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination
Sherman Anti-Trust Act purpose
the first major legislation passed to address oppressive business practices associated with cartels and oppressive monopolies.The Act is a federal law prohibiting any contract, trust, or conspiracy in restraint of interstate or foreign trade
full faith and credit clause
addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state.
Swann v. Charlotte-Mecklenburg County's influence on school desegregation
It found ways around segregation such as exchanging teachers, mixed buses, and school attendance zones
What did McCulloch v. Maryland say about a state taxing the national government?
The state of Maryland lacked the power to tax the Bank
Frederick Douglass
used to be a slaveabolitionist against slavery
How did South Dakota v Dole relate to spending power?
Since Congress has power to spend money on things such as highway funds, they also have the power to set rules such as if a state passes a law the federal government disagrees with, then the Congress power of spending money can cut highway funds, etc.
Federalist on Bill of Rights
argued that the Constitution did not need a bill of rights, because the people and the states kept any powers not given to the federal government
Anti Federalist on Bill of Rights
a bill of rights was necessary to safeguard individual liberty.
Plessy v. Ferguson
separate but equal"for segregation
Brown v Board of Education
established state laws that established separate public schools for black and white students to be unconstitutional
Swann v Charlotte
found ways such as swapping teachers to end segregation in schools
US v Darby
it doesn't matter if something is called production or manufacturing or anything else. The only issue is whether the activity exerts "an economic impact on commerce"Congress can regulate anything that has an economic impact upon interstate commerce
How did John Marshall define commerce?
In Gibbons v Ogden John Marshall defined commerce as "commercial intercourse for purposes of trade.
Griswold v Connecticut
the US Constitution contains a "fundamental right of privacy" that includes personal decisions such as birth control / abortion
Gonzalez v Raich
Congress can use commerce power to regulate purely local activities that are a part of an economic 'class of activities' that have substantial effect on interstate commercebasically Raich can be arrested for growing marijuana in a legal state bc that growth of marijuana affects interstate commerce
Wickard v Filburn
Grew too much wheat than what was allowed, but argued that he hadn't sold it all yet so it wasn't interstate commerce yet. The Commerce Power the court said, is as broad as the economic needs of a nation and even if its in production it still counts.
Why did the court say Dred Scott was not a citizen of the United States?
whether free or slave, african americans in the united states could not be citizens at the time
Civil Rights Act of 1964
outlaws discrimination based on race, color, religion, sex, or national origin
Preemption
occurs when an act of Congress removes a state or local government's power of regulation over a particular policy area
Arizona v US
Arizona was going to pass its own immigration law requiring ppl to carry their papers at all times. Supreme Court shut this down saying there is no room for states to pass laws in the same area (example of preemption)
Doctrine of selective incorporation
ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights
heightened scrutiny
determines a laws constitutionality
Lawrence v Texas
state laws banning homosexual sodomy are unconstitutional as a violation of the right to privacy
US v Virginia
struck down the long-standing male-only admission policy of the Virginia Military Institute (VMI) in a 7-1 decision.
Grutter v Bollinger
the use of affirmative action in school admission is constitutional if it treats race as one factor among many, its purpose is to achieve a "diverse" class, and it does not substitute for individualized review of applicant
Roe v Wade
The US Supreme Court, in a 7-2 decision, affirms the legality of a woman's right to have an abortion under the Fourteenth amendment to the Constitutionby the 3rd trimester the state may regulate or prohibit abortiona fetus isn't a person in the constitution
How does the Americans with Disabilities Act define disability?
1) A physical or mental impairment that substantially limits one or more major life activities2) a record of such an impairment3) being "regarded" as having an impairment
Barron v Baltimore
the Supreme Court ruled that the Constitution's Bill of Rights restricts only the powers of the federal government and not those of the state governments
How did Regents v. Bakke treat the use of racial quotas?
the Supreme Court ruled that a university's use of racial "quotas" in its admissions process was unconstitutional, but a school's use of "affirmative action" to accept more minority applicants was constitutional in some circumstances.
What did the Supreme Court majority say in PICS v. Seattle School District about race?
their racial tiebreaker plan was unconstitutionalThe Plan did not meet "strict scrutiny"Use of race in assigning pupils violates Equal Protection Guarantees, even if it is done voluntarilyDissent by Justice Stevens: When race is being used in an "inclusionary" and not "exclusionary" way, the standards for its use should be relaxed.
strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to determine which is weightier, a constitutional right or principle or the government's interest against observance of the principle.
rational scrutiny
is a test courts may use to determine the constitutionality of a statute or ordinance.
San Antonio v Rodriguez
San Antonio Independent School District's financing system, which was based on local property taxes, was not an unconstitutional violation of the Fourteenth Amendment
What was the Seneca Falls Declaration of Sentiments and Resolutions?
the first of its kind, "to discuss the social, civil, and religious rights of women.
Planned Parenthood v Casey limitations on abortion
Location of abortions - hospitals24 hour waiting periodMandatory counselingParental notification for minorsSpousal notification ** (This was the only restriction struck down by the Court in the Casey decision - it was considered to be "an undue burden")
National Federation of Independent Business v. Sebelius
Affordable Care Act (ACA) (Obamacare)
Obergefell v Hodges
is a landmark civil rights case in which the United States Supreme Court ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment
Title IX
No person in the United States shall, on basis of sex, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistanceapplies to all levels of schools, museums, libraries, any learning place
Sexual harassment
a type of discriminationtypes:-quid pro quo : this for that-hostile work environment
Voting rights Act of 1965
aimed to overcome legal barriers at the state and local levels that prevented African Americans from exercising their right to vote under the 15th Amendment (1870) to the Constitution of the United States.
US v Lopez
the Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones because guns didn't have substantial impact on interstate commerce.
McCulloch v Maryland ruling was based on..
national supremacy
The constitutional clause that supports the idea of implied powers is known as:
Necessary and Proper Clause
The final decision on admitting new states to the Union rests with:
Congress
Nullification is an idea that rests on the principle of:
state sovereignty
President Franklin Roosevelt's administration is known for the:
New Deal
Where in the Constitution is U.S. citizenship defined?
14th amendment
in which of these cases did the Supreme Court restrict the federal commerce power?A. Gibbons v. Ogden •B. U.S. v. Lopez•C. U.S. v. Darby•D. All of these
BUS v Lopez
This federal law outlawed all monopolies that were in restraint of trade in interstate commerce:
Sherman Anti-Trust Act
Wheat grown on the family farm competes with wheat in interstate commerce. From the ruling in:
Wickard v Filburn
The "individual mandate" provision of the Affordable Care Act was:
Upheld under the taxing power
Rational scrutiny requires the government to prove that the law in question is:
Rational
When Seattle schools used race as one of the factors in assigning students to schools, the Supreme Court said:
any use of race is unconstitutional
In the Bakke case, the Supreme Court:
Struck down the use of racial quotas
The first African-American Supreme Court justice was:
Thurgood Marshall
Selective Incorporation refers to the process by which:
Fundamental rights are applied to the states by the Supreme Court
Gideon v. Wainwright held that persons charged with a felony in a state court have the right to:
an attorney
John Barron lost his claim against Baltimore in Barron v. Baltimore because:
The Bill of Rights did not apply to the states.
QUOTE"We conclude that, in the field of public education, the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal.
Brown v Board of Education
QUOTE"If the States may tax one instrument, employed by the Government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom house.
McCulloch v Maryland
QUOTE"If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother.
Roe v Wade
QUOTE"...any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.
Gideon v Wainwright
QUOTE"The petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime.
Lawrence v. Texas
QUOTE"Women seeking and fit for a VMI-quality education cannot be offered anything less, under the Commonwealth's obligation to afford them genuinely equal protection.
US v Virginia
QUOTE"Fellow citizens, ... [t]he existence of slavery in this country brands your republicanism as a sham, your humanity as a base pretense, and your Christianity as a lie.
Frederick Douglass
Elizabeth Cady Stanton
an American suffragist, social activist, abolitionist, and leading figure of the early women's rights movement. Her Declaration of Sentiments, presented at the Seneca Falls Convention held in 1848 in Seneca Falls, New York, is often credited with initiating the first organized women's rights and women's suffrage movements in the United States.