Required Cases and Documents

Articles of Confederation (1781)

• Created a weak national government with most power in the states.

• Congress had no power to tax or regulate commerce, and no executive/judicial branch.

• Led to problems (debt, trade conflict, Shays’ Rebellion) → prompted the Constitution….and the need for a strong central government

Brutus no. 1

• Anti-Federalist argument that the Constitution created a national government too powerful.

• Warned that a large republic would destroy state authority and threaten liberty.

• Criticized the Necessary and Proper Clause. Fearing it would allow Congress to make any law as long as it is “necessary and proper”

• feared an uncontrollable federal judiciary

U.S. Constitution

• Established a federal system: shared power between national and state governments.

• Created separation of powers among legislative, executive, and judicial branches.

• It is the Supreme law of the land…any law passed by Congress that disagrees with the document will be overturned

  • Marbury v. Madison, McCulloch v. Maryland

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

• Tinker v. Des Moines, Schneck v. U.S., Engel v. Vitale, Wis. v. Yoder, NY Times v. U.S., Citizens United v. F.E.C

Second Amendment

A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

• McDonald v. Chicago

Third Amendment

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

4th Amendment

The right of the people to be secure in their persons, houses…, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation,…describing the place to be searched, and the persons or things to be seized.

5th Amendment

No person shall be held to answer…[a] crime, unless on a presentment or indictment of a grand jury,…. nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

6th Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed,… informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

• Gideon v. Wainwright

8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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 people.

14th Amendment

• Grants citizenship to all persons born/naturalized in the U.S.

  • “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

• Guarantees Due Process (fair procedures + protects certain rights)

  • “nor shall any State deprive any person of life, liberty, or property, without due process of law”

• Guarantees Equal Protection (states must treat people equally under the law)

  • “nor deny to any person within its jurisdiction the equal protection of the laws.”

• Basis for incorporation of Bill of Rights to states

Shaw v. Reno, Baker v. Carr, Brown v. The Board of Education

15th Amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude

• Expanded voting rights for African American men

• Foundation for later voting rights enforcement (Voting Rights Act)

17th Amendment

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.

• Established direct election of U.S. Senators by the people

  • Previously: Senators chosen by state legislature

19th Amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

• Granted women the right to vote

22nd Amendment

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once…

• Limits presidents to two elected terms

• Max of 10 years total if they finish part of another president’s term

• Passed after FDR served four terms

24th Amendment

The right of citizens of the United States to vote…, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

• Poll taxes were used to suppress poor and minority voters

• Strengthened voting access during Civil Rights era

26th Amendment

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

• Lowered voting age from 21 to 18

• Motivated by Vietnam War argument: “old enough to fight, old enough to vote”

Declaration of Independence

• Established that all people have unalienable rights

• Justified separation from Britain using natural rights philosophy (life, liberty, pursuit of happiness).

• Government exists by consent of the governed.

• If government violates rights, the people have a right to revolt.

Federalist no. 10 - Madison

• Factions are inevitable - when differing opinion and liberties are allowed

• Factions cannot be removed without destroying freedom. The way to deal with the effects of political factions like violence and instability, is to control the factions

• The best method of control over factions is not pure democracy because it allows the majority to crush minority.

• Large scale representative government (Congress) effectively control factions because there is a variety of parties (more people), opinions, and interests, which makes it difficult for one majority faction to organize.

Federalist no. 51 - Madison

1. To prevent tyranny from a central government, the power/function of the government must be divided into separate and distinct branches….Separation of Powers Doctrine

• Executive - enforce the law

• Legislative - make the law

• Judicial - interpret the law

2. Human nature is flawed - leaders working in these branches will try to gain more power because of that nature. That is why the Constitution gives each branch the means and motivations to resist the other branches from taking that power

Federalist no. 70 - Hamilton

A "plural executive" would hide faults, split opinions, and inhibit decisive action, whereas a single executive provides accountability and efficiency, essential for protecting national security and liberty.

• Argues for a strong, energetic executive.

• A single president is better than a committee because it provides speed, decisiveness, and accountability.

• Executive power is necessary for national defense and effective law enforcement.

Federalist no. 78 - Hamilton

the necessity of an independent judiciary, life tenure for judges, and the power of judicial review. It defines the judiciary as the "least dangerous" branch because it holds neither the sword (executive) nor the purse (legislative), making it essential to protect individual rights and check legislative overreach.

• Chief Justice Marshall relies heavily on Fed. 78 in Marbury v. Madison

Letter from Birmingham Jail - MLK

• Defends civil disobedience as morally necessary when laws are unjust.

• Distinguishes between just vs. unjust laws and argues unjust laws must be resisted.

• Criticizes “moderates” who prioritize order over justice; stresses urgency of civil rights.

Marbury v. Madison (1803)

Facts:

• Marbury was appointed justice of the peace, but Madison refused to deliver his commission

• Congress passed a law that allowed SCOTUS to hear Marbury’s case

Issue: Can the Supreme Court force Madison to deliver the commission under the law passed by Congress?
Holding:

• No.

Reasoning:

• The law giving the Court that power conflicted with the Constitution.

Impact:

• Established judicial review over laws and government actions that violate the Constitution (Federal courts can strike down unconstitutional laws).

McCulloch v. Maryland (1819)

Facts:

• Maryland tried to tax the national bank; McCulloch refused to pay.

Issue:

• Can Congress create a national bank? Can a state tax it?

Holding:

• Congress can create the bank; states cannot tax it

Reasoning:

• Necessary and Proper Clause gives implied powers; states cannot interfere with federal law -Supremacy Clause

Impact:

• Strengthened federal power over states.

Schenck v. U.S. (1919)

Facts:

• Schenck distributed anti-draft pamphlets during WWI.

Issue:

• Is this protected free speech?

Holding:

• No.

Reasoning:

• Speech can be limited if it poses a “clear and present danger.”

Impact:

• Allowed the government to restrict speech during wartime/emergencies.

Brown v. Board of Education (1954)

Facts:

• Black students were forced into separate public schools.

Issue:

• Is school segregation constitutional under the 14th Amendment?

Holding:

• No.

Reasoning:

• “Separate but equal” is inherently unequal → violates Equal Protection Clause.

Impact:

• Ended legal school segregation; major Civil Rights decision.

Baker v. Carr (1962)

Facts:

• Tennessee districts were unfairly drawn and not updated as population changed.

Issue:

• Can federal courts hear redistricting cases?

Holding: Yes.
Reasoning:

• Redistricting is a justiciable issue under Equal Protection.

Impact:

• Led to “one person, one vote” and court involvement in reapportionment.

Engel v. Vitale (1962)

Facts:

• Public schools led students in a state-written prayer.

Issue:

• Does school-sponsored prayer violate the 1st Amendment?

Holding: Yes.

Reasoning:

• Violates the Establishment Clause (government cannot promote religion).

Impact:

• Banned official prayer in public schools.

Gideon v. Wainwright (1963)

Facts:

• Gideon was denied a lawyer in a felony case because he couldn’t afford one.

Issue:

• Must states provide attorneys to indigent defendants?

Holding: Yes.
Reasoning:

• Right to counsel is fundamental under the 6th Amendment, applied to states via the 14th Amendment.

Impact:

• Required public defenders in felony cases.

Tinker v. Des Moines (1969)

Facts:

• Government tried to stop newspapers from publishing the Pentagon Papers.

Issue:

• Can the government prevent publication for national security reasons?

Holding: No.

Reasoning:

• Prior restraint is almost always unconstitutional; government didn’t meet heavy burden.

Impact:

• Strengthened freedom of the press.

NY Times Co. v. U.S. (1971)

Wisconsin v. Yoder (1972)

Facts: Amish parents refused to send children to school after 8th grade for religious reasons.
Issue: Can compulsory education laws override religious freedom?
Holding: No.
Reasoning: Free Exercise rights outweighed the state interest in additional schooling.
Impact: Expanded protections for religious liberty.

Shaw v. Reno (1993)

Facts:

• North Carolina created oddly shaped districts to increase minority representation.

Issue:

Is racial gerrymandering constitutional?

Holding:

• Possibly unconstitutional if race is the main factor.

Reasoning:

• Districts based primarily on race violate Equal Protection unless narrowly tailored.

Impact: Limited racial gerrymandering; required stricter scrutiny.

U.S. v. Lopez (1995)

Facts: Congress banned guns near schools; Lopez was convicted under federal law.
Issue: Did Congress exceed its Commerce Clause power?
Holding: Yes.
Reasoning: Having a gun at school is not economic activity affecting interstate commerce enough.
Impact: Limited federal power; strengthened states’ rights.

McDonald v. Chicago (2010)

Facts:

• Chicago banned handguns; McDonald challenged the law.

Issue:

• Does the 2nd Amendment apply to states?

Holding: Yes.
Reasoning:

• The right to bear arms is incorporated through the 14th Amendment Due Process Clause.

Impact:

• Expanded gun rights against state/local governments.

Citizens United v. Federal Election Commission (2010)

Facts:

• A nonprofit wanted to air a political film criticizing Hillary Clinton, restricted by campaign finance law.

Issue:

• Can the government limit independent political spending by corporations/unions?

Holding: No.
Reasoning:

• Political spending is a form of speech protected by the 1st Amendment.

Impact:

• Allowed unlimited independent expenditures; boosted Super PAC influence.