AP Gov - Foundational Documents

Schenck v. United States

the 1919 case that established limitations on free speech during wartime; created the “clear and present danger” test to speech that threatens national security or public safety

Tinker v. Des Moines Independent Community School District

the 1969 court case that established protections of symbolic speech by the First Amendment

New York Times Co. v. United States

the 1971 court case that reinforced freedom of the press under the First Amendment and protections against prior restraint

Engel v. Vitale

the 1962 court case that ruled school prayer unconstitutional in public schools under the First Amendment’s Establishment Clause

Wisconsin v. Yoder

the 1972 court case that emphasized protections of religious practices under the First Amendment’s Free Exercise Clause

McDonald v. City of Chicago

the 2010 court case that held the individual right to gun-possession for self-defense under the Second Amendment

Gideon v. Wainwright

the 1961 court case that established the right for all criminal defendants to a counsel regardless of capital or non-capital offenses under the Sixth Amendment

Miranda v. Arizona

the 1966 court case that set guidelines for police questioning under the Fifth Amendment

Roe v. Wade

the 1973 court case that determined protections of rights to an abortion before the point of fetal vitality under the Fourteenth Amendment’s guarantees to rights to privacy

McCulloch v. Maryland

the 1819 case that stated Congress could not enact laws that explicitly listed by the Constitution under the Necessary and Proper Clause, ultimately expanding federal power after ruling no state interference in federal instruments

Baker v. Carr

the 1961 case that established the “one person, one vote” principle that would be used in cases of state redistricting and legislative reapportionment

Brown v. Board of Education

the 1954 case that abolished the “separate but equal” doctrine and found segregation in public schools a violation of the equal protections clause found in the Fourteenth Amendment, using the commerce clause as way to further implement desegregation

Citizens United v. Federal Election Commission

the 2010 court case that stated individuals, union, or corporations were permitted to spend as much money as they want on political activities on the basis of the First Amendment protecting citizens’ freedom of speech

Shaw v. Reno

the 1993 court case that ruled redistricting or gerrymandering primarily on the basis of race was unconstitutional

United States v. Lopez

the 1995 court case that shut down the Gun-Free School Zones Act of 1990 as carrying a gun did not affect economic activities or interstate commerce, ultimately limiting Congress’s authority

Marbury v. Madison

the 1803 court case that set the precedent of judicial review to the Supreme Court

Mapp v. Ohio

the 1961 case that established the exclusionary rule, which prohibited the use of illegally obtained evidence to state courts

Federalist No. 51

the Federalist paper that analyzes the check and balances system in the Constitution and how the separation of powers prevents a single branch of government from becoming too powerful and thus protects liberty

Federalist No. 70

the Federalist Paper that argues that it is better to have a singular body for an executive rather than a group because it allows for a strong and energetic executive to act quickly without fear of what their equals may say

Brutus No. 1

the Anti-Federalist paper that warns against a large, centralized republic because it stands as a threat to state independence and a potential body for tyranny

Federalist No.10

the Federalist Paper that states a strong, centralized republic is the only way to prevent factions from becoming too powerful over another

Federalist No. 78

the Federalist Paper that argues for an independent judicial branch, judicial review, and life tenure for judges

Declaration of Independence

the document that highlights popular soverignty, the need to protect natural rights, and the justification of separation of the colonies from the British monarchy

Articles of Confederation

the first Constitution drafted for the first American government; highlighted the weaknesses that came with having a unicameral Congress, a weak executive, amongst other features that limited the federal government’s power

Letter from a Birmingham Jail

the document written by MLK Jr. that called for civil (non-violent) disobedience during the civil rights movement to resist the unjust laws inflicted on people of color / Black-Americans

Article I

the article in the Constitution that estabished the legislative branch; created Congress with two houses, gave them the power of the purse and to make laws, along with some state restrictions that could not be infringed upon by Congress (also home to the elastic clause)

Article III

the article in the Constitution that established the judicial branch; guarantees life tenure to judges with “good behavior”, creating the federal Supreme Court and left inferior courts up to Congress

Article II

the article in the Constitution that created the executive branch; gave the president a four-year term and a vice-president, defines the qualifications for presidency (natural-born citizen, 35+ years old), set the Electoral College Process, and issued powers such as Commander in Chief of Armed Forces and Chief Diplomat to the president

Article V

the article in the Constitution that outlines the amendment process; went over proposal (deemed necessary by 2/3 of both the House and the Senate or 2/3 of state legislatures apply for an amendment in a national convention) and ratification (¾ of state legislatures agree or a special state conventions of ¾ states agree)

Article VI

the article in the Constitution that establishes the federal government’s authority; home to the Supremacy Clause, which declares that the Constitution, federal laws, and treaties are the supreme law of the land