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The declaration of independence
Natural rights, popular sovereignty, and social contract. Foundation of government power
Natural rights: “We hold these truths to be self evident that all men are created equal, endowed by their creator with certain unalienable rights…
Popular Sovereignty: Gov’t gets power from the ppl
Social Contract: Ppl give up stuff to the government for protected freedoms and order
The Articles of Confederation
(Weak AH)
First system of government before constitution
Congress couldn’t tax or regulate interstates congress
States were more powerful than the nat. gov’t
Federalist No. 10
(Factions are bad but the constitution fixes that)
Factions are the biggest threat facing the nation
A republic is the best way to control factions
Can't destroy factions without destroying liberty
Maintain majority rule while protecting minority rights, we need a large republic. Dilutes the power of each individual faction
Brutus No. 1
Doesn’t like the constitution, power to people
Didn’t like necessary and proper clauses, said it made the gov’t too overpowered and gave the gov’t too much power to pass any law.
Standing armies and taxes lead to a tyrannical government
Federal government will destroy state governments. Small republics are better
Federalist No. 51
“If men were angels”
Argues for checks and balances
The government needs to be able to control the people, but we also need to control the people in the government. Divide power, 3 branches, and give each some power but also some power over the others. They will jealously guard their own powers.
Legislation, the strongest branch needs to be divided into 2 houses
The Constitution of the United States
(Limited Government)
Headed by a preamble 7 sections 27 amendments Limited government, Separation of [powers, checks and balances republicanism, federalism - representative gov’t
Federalist No. 70
(One person president, no counsel)
In favor of a unitary executive, a one person president.
Good gov’t needs an active and decisive executive, we need someone who can act fast and be a mascot. Will make an ineffective gov’t if not.
It’s good for congress to move slowly, but the executive needs to be able to act quickly.
Letter from Birmingham Jail
(MLK Jr.)
(EVERYONE is entitled to the rights in the Constitution and Declaration of Independence)
Demanding the fulfillment of the declaration of Independence and constitution 14th amendment, demanding for it to apply to all people.
Parallels other documents, Privileged groups seldom give up privileges voluntarily, Brutus no. 1. Listed grievances like the Declaration.
Appeals to moral law and natural rights.
Freedom is demanded by the oppressed.
Injustice anywhere is threat to justice everywhere, an unjust law is no law at all and people have a right to break them.
Marbury v. Madison (1803)
(Supremacy clause)
(Midnight Judges)
Judge was given a job right before the administration ended, Marbury was entitled to his commission however the court ruled it unconstitutional
McCulloch v. Maryland (1819)
Passed laws to tax the Bank of the US
Congress can establish a national bank- necessary and proper clause
States may not tax the national government - supremacy clause
Schenck v. U.s. (1919)
(Clear/Present Danger)
“Clear and Present Danger” test in limiting free speech
If someone in a movie showed screamed fire in the second row
Ruled against first Amendment (Free Speech)
Upheld Espionage Act
Brown v. Board of Education of Topeka, Kansas (1954)
(The racist school)
Nonnwhite children were being denied access to public schools
Equal protection, violated the constitution
Baker v. Carr (1961)
(Reapportionment one person one vote)
One person one vote
Equal protection clause
All votes count equally
Engel v. Vitale (1962
Non denominational prayer in New york schools
Ruled unconstitutional, schools cannot host prayer
Violates establishment clause, 14th ammendment
Gideon v. Wainwright (1963)
(Right to Attorney/Right of the Accused)
Extended the right to an appointed attorney to all criminal defendants who could not afford one
Incorporation - 6th amendment guarantees the right to attorney for all federal defendants. Extended the law to the states
Tinker v. Des Moines Independent Community School District (1969)
(Vietnam Bands)
Protesting vietnam war - free speech - Supreme court ruled they had a right to do so
Free speech applies to states, it doesn’t stop when you go to school.
Symbolic free speech, protection of symbolism. Symbol must pose a substantial interference of running
(Texas v Johnson)
New York Times Company v. US (1971)
(Pentagon Papers)
Protected the freedom of the press
Nixon admin tried to prevent NY times from publishing the Pentagon papers
First amendment freedom of press
Wisconsin v. Yoder (1972)
(The Amish One about school)
State set laws that kids needed to go to school til 16, disagreed with the Amish lifestyle, violated free exercise clause
Establishment Clause - Fundamental right to make decisions around religion
Roe v. Wade (1973)
(Abortion and medical privacy)
Right to privacy is in the constitution
Right to abortion based on the right to privacy (connection to Griswold v Conneticut)
Incorporated through the 14th amendment
Shaw v. Reno (1993)
(Congressional districts based on race)
Race can be a factor, but not a deciding factor.
Colorblind constitution
U.S. v Lopez (1995)
(Gun in a school zone)
Student arrested for bringing an unloaded gun to school, broke federal law
Possession of a gun in a school zone does not substantially affect interstate commerce - It’s up to the states
Tenth amendment protects state powers
McDonald v. Chicago (2010)
Incorporated the right to bear arms to the states
Citizens United v. Federal Election Committee FEC
Corporations cannot give money directly to candidates but they can form PACs and Superpacs to give money.
Can give unlimited amounts of money in elections
Free speech clause, sees corporations as an entity with a right to speech
Note 
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