AP Gov Scotus cases and Foundational Docs

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51 Terms

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Declaration of Independence (1776)

  • Natural rights: Life
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Articles of Confederation (1781)

  • First U.S. government system (weak federal government)
  • states had most of the power
  • No executive or judicial branch
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The U.S. Constitution (1787)

author: constitutional convention

  • structure of U.S. government: 3 branches (separation of powers

  • blueprint for the U.S. government

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Federalist No. 10

Author: James Madison

  • Factions are inevitable but can be controlled
  • Large republic = best way to control factions
  • Supports ratification of Constitution and representative democracy
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Brutus No. 1

Author: Anti-Federalist

  • Constitution gives too much power to federal government
  • small republics better protect individual liberty
  • anti-Federalist warning against strong central government
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Federalist No. 51

Author: James Madison

  • Separation of powers and checks and balances protect liberty
  • "If men were angels…"
  • Justifies structure of government to prevent tyranny
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Federalist No. 70

Author: Alexander Hamilton

  • Strong, single executive is essential for effective government.
    - Unity = accountability and energy
    - defends idea of presidency with real power

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Federalist No. 78

Author: Alexander Hamilton
Constitutional Principle:
Judicial Independence & Judicial Review
Lifetime tenure for judges to ensure impartiality
Key Ideas / Context:
Hamilton argues that the judiciary is the weakest of the three branches because it lacks control over the military and the budget.
Its only power is judgment.
Supports life terms for judges to protect them from political pressure.
Summary of Importance:
Establishes the role of the courts to interpret the law and check legislative actions.
Lays groundwork for judicial review later affirmed in Marbury v. Madison.

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MLK Letters from Birmingham Jail

Author: Martin Luther King Jr.
Equal Protection under the 14th Amendment
Civil Disobedience
Key Ideas / Context:
Written in response to white clergymen criticizing King's protests as "unwise and untimely."
King defends nonviolent protest and outlines when civil disobedience is morally justified.
Summary of Importance:
Argues that individuals have a moral responsibility to disobey unjust laws.
Explains the difference between just and unjust laws and calls for urgent action against segregation.
A foundational text in the Civil Rights Movement

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Marbury v. Madison (1803) - Constitutional Clause

Article III

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Marbury v. Madison (1803) - Facts of the Case

Marbury v. Madison was a landmark Supreme Court case in which the Court established the principle of judicial review. At the end of John Adams' presidency, he appointed several judges, including William Marbury. However, his successor, Thomas Jefferson, ordered Secretary of State James Madison not to deliver the commissions. Marbury petitioned the Supreme Court for a writ of mandamus to compel Madison to act. The case addressed whether Marbury had a right to his commission and whether the Supreme Court had jurisdiction under the Judiciary Act of 1789. The Court ultimately decided that while Marbury had a right to his commission, the statute that granted the Supreme Court the power to issue writs of mandamus was unconstitutional, thus establishing a critical precedent for the power of judicial review in the

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Marbury v. Madison (1803) - Case Holding

The Supreme Court ruled the Judiciary Act of 1789 unconstitutional for expanding original jurisdiction. This established the principle of judicial review.

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McCulloch v. Maryland (1819) - Constitutional Clause

Supremacy Clause

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McCulloch v. Maryland (1819) - Facts of the Case

Maryland taxed the federal bank

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McCulloch v. Maryland (1819) - Case Holding

Congress has implied powers

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United States v. Lopez (1995) - Constitutional Clause

Commerce Clause

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United States v. Lopez (1995) - Facts of the Case

Lopez carried a gun into a school zone. The U.S. claimed this fell under federal commerce regulation.

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United States v. Lopez (1995) - Case Holding

Court ruled the law unconstitutional. Possession of a gun in a school zone is not sufficiently related to interstate commerce.

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Baker v. Carr (1962) - Constitutional Clause

Equal Protection Clause of the 14th Amendment

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Baker v. Carr (1962) - Facts of the Case

Tennessee hadn't redrawn legislative districts despite population changes. Baker claimed his vote was devalued.

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Baker v. Carr (1962) - Case Holding

Court said redistricting was a justiciable issue. Ensured courts could review redistricting for fairness.

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Shaw v. Reno (1993) - Constitutional Clause

Equal Protection Clause of the 14th Amendment

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Shaw v. Reno (1993) - Facts of the Case

North Carolina drew a bizarrely shaped district to favor black voters.

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Shaw v. Reno (1993) - Case Holding

Court ruled the district's shape showed racial gerrymandering. It violated the Equal Protection Clause.

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Citizens United v. FEC (2010) - Constitutional Clause

Free Speech Clause of the 1st Amendment

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Citizens United v. FEC (2010) - Facts of the Case

Citizens United was barred from airing a film critical of Hillary Clinton close to an election.

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Citizens United v. FEC (2010) - Case Holding

Corporations and unions can spend unlimited money on political speech. The government can't restrict independent expenditures for communications.

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Brown v. Board of Education (1954) - Constitutional Clause

Equal Protection Clause of the 14th Amendment

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Brown v. Board of Education (1954) - Facts of the Case

African American students were denied entry to public schools due to segregation laws.

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Brown v. Board of Education (1954) - Case Holding

"Separate but equal" is inherently unequal. Segregation in public education is unconstitutional.

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Schenck v. United States (1919) - Constitutional Clause

Freedom of Speech Clause of the 1st Amendment

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Schenck v. United States (1919) - Facts of the Case

Schenck distributed leaflets urging resistance to the WWI draft.

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Schenck v. United States (1919) - Case Holding

Speech that presents a "clear and present danger" is not protected. The Espionage Act was constitutional in wartime.

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Tinker v. Des Moines (1969) - Constitutional Clause

Freedom of Speech Clause of the 1st Amendment

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Tinker v. Des Moines (1969) - Facts of the Case

Students wore armbands to protest the Vietnam War and were suspended.

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Tinker v. Des Moines (1969) - Case Holding

Students retain First Amendment rights at school. The protest didn't disrupt the school

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New York Times v. United States (1971) - Constitutional Clause

Freedom of the Press Clause of the 1st Amendment

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New York Times v. United States (1971) - Facts of the Case

Nixon tried to block the New York Times from publishing the Pentagon Papers.

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New York Times v. United States (1971) - Case Holding

Prior restraint was unjustified. The government cannot stop publication unless it causes grave harm.

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Engel v. Vitale (1962) - Constitutional Clause

Establishment Clause of the 1st Amendment

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Engel v. Vitale (1962) - Facts of the Case

New York schools held voluntary prayer at the start of the day.

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Engel v. Vitale (1962) - Case Holding

Government-endorsed prayer in public schools is unconstitutional.

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Wisconsin v. Yoder (1972) - Constitutional Clause

Free Exercise Clause of the 1st Amendment

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Wisconsin v. Yoder (1972) - Facts of the Case

Amish parents were fined for not sending children to school past 8th grade.

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Wisconsin v. Yoder (1972) - Case Holding

Mandatory schooling violated their religious beliefs. State interest did not outweigh free exercise rights.

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Gideon v. Wainwright (1963) - Constitutional Clause

6th Amendment & Due Process Clause of the 14th Amendment

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Gideon v. Wainwright (1963) - Facts of the Case

Gideon was denied a lawyer in a state felony trial.

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Gideon v. Wainwright (1963) - Case Holding

the Supreme Court ruled that states are required to provide legal counsel to defendants in criminal cases who cannot afford to hire an attorney. This decision incorporated the Sixth Amendment right to counsel to the states through the Fourteenth Amendment's Due Process Clause, ensuring that all defendants, regardless of their economic

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McDonald v. Chicago (2010) - Consitutional Clause

2nd Amendment & Due Process Clause of the 14th Amendment

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McDonald v. Chicago (2010) - Facts of the Case

Plaintiffs challenged Chicago's handgun ban following D.C. v. Heller.

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McDonald v. Chicago (2010) - Case holding

  • The right to bear arms applies to states through the 14th Amendment.
  • State gun bans were unconstitutional.