ap gov foundational docs/ required cases

Delcration of independence

federalist no 10

argues why a republic was suitable government for a large country

in order to control small interest groups or factions in a democracy we need to have a large republic in order to control them and keep the peace.

Fedralist no 51

makes it clear of the need of checks and balances and separation of power in order to prevent one branch of government from getting to powerful

Brutus no 1

Represent anti Federlist POV claiming that what ever government we choose needs to be free and should secure the liberty of citizens of America as well as to admit full fair and equal representation of the people and thus should be a small republic

U.S v Lopez

BACK GROUND 

Lopez was convicted of having  a gun on school property this violated the federal law of the Gun Free school zone act. 

Under the Commerce clause Lopez claims the that federal government cannot regulate public schools thus making the gun free school zone act unconstituional 

What is the commerce clause

the Congress shall have the power to regulate the commerce with foreign nations and amount the several states 

McCulloch v Maryland 

The argument over weather or not Congress had the authority under the constituion to commission a national bank 

Ruling: ruled in favor of McCulloch using the necessary and proper clause that states that Congress is permitted to make laws as they see fit in other words while to constitution did not state explicitly that Congress had theempower to create a national bank it does not state that Congresss cannot make a national bank.

What is the necessary and proper clause

Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution in thegovernment of the united States or in any department or officer 

What is the supremacy clause 

this constitution and the Laws of the united states which shall be made in pursuance thereof and tries made or which shall be made under the authority of the united states hall be the supreme law of the land and the judges in every state shall be bound thereby an thing in the constitution or laws of any state to the contrary notwithstanding 

when in conflict with one another federal law always over rule state laws 

Marbury v Madison

 Marbury was appointed a justice but did not receive his commition because James Madison stoped it from being delivered 

Issue: does marbury have a right to his commission and can eh sue the federal goverment for it? Does the supreme court have the authority to order the delivery of the commission 

Ruling: Marbury was entitled to his commition however the supreme court could not order Madison to deliver and by delivering it under the judiciary act of 1789 that the whole act was unconstitutional

established the judicial branch as an equal partner with the executive and legislative branch withing the government with the power to rule actions of other branches unconstituional. 

Letter from Birmingham jail 

Dr kings letter to the religious leaders that was his main foucus during his protest. States the 4 stages of protest these being nonviolent direct action tension negotiation and policy change that advances civil rights. he claims that in order to make change for civil rights they must follow these.

Judiciary act of 1789

authorizes the supreme court to issue writs of mandamus(leagaly requiring someone to do something) to persons holding office under the authority of the united states 

Engel v Vitale

Argument against the mandatory prayer said in schools. Violates the first amendment of the free exercise and establishment clause

Ruling school sponsor prayer was unconstitutional and violated the establishment clause 

Establishment clause 

prevents government from setting up a particular religious sect of church as the official church