Foundational Documents & Cases

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49 Terms

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Declaration of Independence

A document asserting that when a government becomes oppressive, people have the right to overthrow it.

2
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Inalienable Rights

Rights that cannot be taken away, including Life, Liberty, and the Pursuit of Happiness.

3
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Articles of Confederation

The first constitution of the United States, which established a weak federal government and required unanimous agreement for changes.

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Federalism

A system of government in which power is divided between a national government and various state governments.

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Separation of Powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

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Necessary and Proper Clause

Allows Congress to make laws required to execute its enumerated powers.

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Judicial Review

The power of courts to assess whether a law is in compliance with the Constitution.

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First Amendment

Part of the Bill of Rights that protects freedoms including speech, religion, press, assembly, and petition.

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Schenck v. United States

A Supreme Court case that upheld the restriction of speech during wartime if it poses a clear and present danger.

10
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Prior Restraint

Government action that prohibits speech or other expression before it can take place.

11
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Symbolic Speech

Nonverbal communication, such as gestures and clothing, that expresses an idea or message.

12
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Free Exercise Clause

The section of the First Amendment that protects religious practices from government interference.

13
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Citizens United v. FEC

A Supreme Court case that ruled that political spending is a form of protected free speech under the First Amendment.

14
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Second Amendment

The constitutional amendment that protects the right of the people to keep and bear arms.

15
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Gideon v. Wainwright

A Supreme Court case that established the right to counsel for defendants in state courts under the 14th Amendment.

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Brown v. Board of Education

The landmark Supreme Court case that declared racial segregation in public schools unconstitutional.

17
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Shaw v. Reno

A Supreme Court case that ruled racial gerrymandering is unconstitutional under the Equal Protection Clause.

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Baker v. Carr

A Supreme Court case that ruled that redistricting issues can be examined by the courts for equal representation.

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McCulloch v. Maryland

Case affirming the ability of the federal government to create a national bank and denying the states' power to tax it.

20
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Tinker v. Des Moines

Supreme Court case that upheld students' rights to free speech in schools when it does not disrupt educational activities.

21
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Declaration of Independence

A document asserting that when a government becomes oppressive, people have the right to overthrow it.

22
New cards

Inalienable Rights

Rights that cannot be taken away, including Life, Liberty, and the Pursuit of Happiness.

23
New cards

Articles of Confederation

The first constitution of the United States, which established a weak federal government and required unanimous agreement for changes.

24
New cards

Federalism

A system of government in which power is divided between a national government and various state governments.

25
New cards

Separation of Powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

26
New cards

Necessary and Proper Clause

Allows Congress to make laws required to execute its enumerated powers.

27
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Judicial Review

The power of courts to assess whether a law is in compliance with the Constitution.

28
New cards

First Amendment

Part of the Bill of Rights that protects freedoms including speech, religion, press, assembly, and petition.

29
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Schenck v. United States

A Supreme Court case that upheld the restriction of speech during wartime if it poses a clear and present danger.

30
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Prior Restraint

Government action that prohibits speech or other expression before it can take place.

31
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Symbolic Speech

Nonverbal communication, such as gestures and clothing, that expresses an idea or message.

32
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Free Exercise Clause

The section of the First Amendment that protects religious practices from government interference.

33
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Citizens United v. FEC

A Supreme Court case that ruled that political spending is a form of protected free speech under the First Amendment.

34
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Second Amendment

The constitutional amendment that protects the right of the people to keep and bear arms.

35
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Gideon v. Wainwright

A Supreme Court case that established the right to counsel for defendants in state courts under the 14th Amendment.

36
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Brown v. Board of Education

The landmark Supreme Court case that declared racial segregation in public schools unconstitutional.

37
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Shaw v. Reno

A Supreme Court case that ruled racial gerrymandering is unconstitutional under the Equal Protection Clause.

38
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Baker v. Carr

A Supreme Court case that ruled that redistricting issues can be examined by the courts for equal representation.

39
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McCulloch v. Maryland

Case affirming the ability of the federal government to create a national bank and denying the states' power to tax it.

40
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Tinker v. Des Moines

Supreme Court case that upheld students' rights to free speech in schools when it does not disrupt educational activities.

41
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Federalist Papers

A series of 85 essays written by James Madison, Alexander Hamilton, and John Jay to persuade the citizens of New York to adopt the new Constitution.

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Federalist No. 10

An essay by James Madison arguing that a large republic could effectively control factions.

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Federalist No. 51

An essay by James Madison discussing the importance of separation of powers

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Federalist No. 70

Authored by Hamilton, argues for a single, energetic executive to provide unity and stability in the government.

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Federalist No. 78

Authored by Hamilton, discusses the role of the judiciary and argues for its independence, noting that it is the least dangerous branch.

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Brutus No. 1

An Anti-Federalist paper arguing against the ratification of the Constitution, emphasizing the risk to personal liberty from a large, centralized government.

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A letter written by Martin Luther King Jr. defending the

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The Constitution

Document written by James Madison in response to Shay’s Rebellion that powers between the states and national government will be distributed evenly. It establishes checks and balances and a separation of powers between 3 branches of government, allowed flexibility with an amending process, and created federalism with supremacy of the national government.

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