Barron Vs Baltimore
City filled a harbor and hurt Barron's business. Ruling: Dual Citizenship (in favor of Baltimore). This was overturned by selective incorporation
Johnson vs Texas
Its not illegal to burn flag.
Gibbons vs Ogden
steamboats in New York and bordering rivers. National government has powers and this expanded the commerce clause.
Griswold Vs Connecticut
Right to privacy from 1st,third, fourth, fifth, and ninth amendments.
Roe Vs Wade
abortion is legal.
US vs Lopez
gun near school zone (limiting of commerce clause)
Wickard Vs Filburn
filburn grew wheat beyond his quota. gov intervened through powers of interstate commerce.
Miranda Vs Arizona
right not to witness against yourself and to have attorney. must be read upon arrest.
Gideon vs Wainwright
right to attorney
Marbury Vs Madison
supreme court called act unconstitutional and gave itself power of judicial review
Marshall Vs Maryland
congress more power to interfere with states (implied elastic clause)
Marble cake federalism (dual sovereignty and citizenship)
Marble Cake. (min wage and welfare)
Carrot and Stick. (Drinking age parts of education)
3 kinds of Government
Confederation, Unitary, Federalism
Bill of Rights was originally just federal but incorporated into some states. (third still not).
Procedural Due Process
Rights through way of process (fair trial)
Substative Due Process
Interpretation of Due Process Clause that guarantees life, liberty, and property and these rights are at state and national level
Fed Paper 10
Madison says do not worry about excessive democracy because large republic prevents one faction from ruling
Fed Paper 51
Ambition will check ambition in checks and balances.
Money for a specific purprose
Not as specific as categorical
Money given for any purposes
Supremacy Clause that national laws and treaties have supremacy over state ones
Full Faith and Credit Clause
In article IV, States honor official acts of other states.
Equal Privelages and Immunities Clause
States treat their citizens and other citizens similarly (article IV)
Tenth Amendment guarantee to state governments of any powers other than those granted to national government of those specifically prohibited for states
States did not give up rights as individual independent governments
theory that states have right to nullify national laws which they believe violate us constitution
Constitution is joining of people not joining of states
Necessary and Proper Clause
article 1 section 8: congress has authority to make laws needed to carry out specific duties assigned to congress
specifically listed duties of congress
functions and actions that congress could perform to exercise its enumerated powers
government prevents publication of material it finds objectionable
first amendment clause that prevents gov from establishing an official religion
Free Exercise Clause
Freedom to practice religion