Barron v. Baltimore - Answers The 1833 Supreme Court decision holding that the Bill of Rights restrained
only the national government, not the states and cities.
Selective incorporation
Wharf filled with stuff, argued that it violated his 5th amendment right (govt can't take property without
compensation)
Cooper v. Aaron - Answers 1958; reaffirmed (9-0) Brown v Board. Outlawing the "Separate but equal"
doctrine reasserted that the U.S. Constitution's "Supremacy Clause" (Article VI, Section 2) declared a
federal judge ruling could not be ignored/overruled by a Governor of a state.
"Laws apply equally to everyone, everyone is treated equally under law, government is bound by the
law"
Marbury v. Madison - Answers This case establishes the Supreme Court's power of Judicial Review,
article III supremacy clause
Martin v. Hunter's Lessee - Answers The Supreme Court can review the decisions of the highest state
courts if they involve a federal law or the federal Constitution
Land dispute in Virginia
McCulloch v. Maryland - Answers Supreme Court ruling (1819) confirming the supremacy of national
over state government, article 1 necessary and proper
Maryland tried to tax the second bank of the US, ruled that they cannot do that and the US has the
ability to build a bank
Wickard v. Filburn - Answers Farmer grew more wheat than allowed because he was being funded by
congress. Congress said they could regulate that because even though it was for his personal
consumption, it would effect interstate commerce. Expansion of power of the Commerce Clause
"if it exerts a substantial economic effect on interstate commerce"
Milligan, Ex Parte - Answers Recognized that a civilian and a citizen of a state that is not invaded by
hostile forces during the wartime is not subject to the jurisdiction of a court-martial.
Civilians cannot be tried in a military court
US v. Mitchell - Answers charged with not showing up, Mitchell said Congress didn't declare war (only
president did)
, Congress gave President approval of "war" by appropriations, President is commander and chief,
president is bound to fight (NATO, treaties)
Draft is constitutional and you need cause of action to sue (standing)
US v. Grimaud - Answers defendants charged w/ driving and grazing sheep on a reserve w/ out a permit
Congress gave power to executive/ administrative agencies to make laws and is constitutional
delegation
Youngstown Sheet & Tube Co. v. Sawyer - Answers President Truman issues executive order to have
Sawyer seize all steel mills to avert suspected strikes. Result: The President does not have the power to
do this because he does not have the power to seize private property. - infringes on 5th A rights.
Articles of Confederation - Answers 1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no
judicial, no power to tax, no power to regulate trade)
Declaration of Independence - Answers Signed in 1776 by US revolutionaries; it declared the United
States as a free state.
Constitution - Answers a body of fundamental principles or established precedents according to which a
state or other organization is acknowledged to be governed.
Bill of Rights - Answers The first ten amendments to the Constitution
House of Representatives - Answers the lower house of Congress, consisting of a different number of
representatives from each state, depending on population
435, serves for two years, everyone is up for reelection at same time
U.S. Senate - Answers the upper house of the United States Congress
100 voting members, serves 6 years, 1/3 of house up for reelection
Legislative Process - Answers Bill passed to a house of congress; bill gets majority of votes in both
houses; president can then pass bill into law or veto it. If vetoed, bill must attain 2/3 majority in both
houses to become law.
enumerated powers - Answers Powers specifically given to Congress in the Constitution; including the
power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.
War powers - Answers The U.S. Constitution gives the Congress the power to raise and support armies,
to provide and maintain a navy, to make rules regulating the armed forces, and to declare war; it makes
the president the commander in chief of the armed forces.