Foundational Documents and Required Supreme Court Cases

Flashcards based on lecture notes about Foundational Documents and Required Supreme Court Cases

What is the main idea of Federalist 10?

A large, diverse republic prevents factions from taking over and protects minority rights.

What was Brutus's main argument against the Constitution?

The central government would become too powerful, infringing on individual freedoms and local control.

According to the Declaration of Independence, what rights do people have?

Natural rights to life, liberty, and the pursuit of happiness.

What were the main weaknesses of the Articles of Confederation?

A weak national government with no power to tax, no president, and no courts, leading to disunity.

What is the focus of the Bill of Rights?

Protecting individual freedoms.

What freedoms are included in the First Amendment?

Speech, religion, press, assembly, and petition the government.

What is the Second Amendment?

Right to keep and bear arms.

What is the Third Amendment?

No quartering of troops without consent.

What is the Fourth Amendment?

Protection from unreasonable search and seizure.

What is the Fifth Amendment?

No double jeopardy, no self-incrimination, due process, and compensation for eminent domain.

What is the Sixth Amendment?

Right to a public trial, jury, lawyer, and to know the charges.

What is the Seventh Amendment?

Right to a jury in civil cases.

What is the Eight Amendment?

Protection from cruel and unusual punishment.

What is the Ninth Amendment?

Unlisted rights are still protected.

What is the Tenth Amendment?

Powers not given to the federal government belong to the states or the people.

What is the main idea of Federalist 51?

Separation of powers and checks and balances prevent any one branch from becoming too powerful.

What is the main argument of Federalist 70?

A strong, unitary president is more effective and accountable.

What is the main idea of Federalist 78?

The judicial branch should be independent with life terms for judges, justifying judicial review.

According to MLK Jr.'s Letter from Birmingham Jail, what is the purpose of civil disobedience?

To protest unjust laws and advocate for civil rights and equal protection under the 14th Amendment.

Marbury v. Madison (1803)

Can SCOTUS strike down a law? Yes. Established judicial review.

McCulloch v. Maryland (1819)

Can Congress make a bank? Yes. Can states tax it? No. Federal supremacy; Elastic Clause implied powers.

Schenck v. US (1919)

Can free speech be limited during war? Yes. Established the 'clear and present danger' test.

Brown v. Board of Education (1954)

Was segregation in schools constitutional? No. 'Separate is not equal'; advancing civil rights.

Baker v. Carr (1961)

Can courts hear redistricting cases? Yes. Starts 'one person, one vote'.

Engel v. Vitale (1962)

Can schools lead prayer? No. Breaks church and state.

Gideon v. Wainwright (1963)

Do poor people get free lawyers? Yes. Right to counsel in state courts.

Tinker v. Des Moines (1969)

Can students wear armbands? Yes. Symbolic speech is protected in schools.

NY Times v. US (1971)

Can the government stop the press from printing? No. No prior restraint unless there's a big danger.

Wisconsin v. Yoder (1972)

Can Amish skip school for religion? Yes. Religious freedom > education law.

Roe v. Wade (1973)

Can women get abortions? Yes. Right to privacy under the 14th Amendment.

Shaw v. Reno (1993)

Can race-based districts be challenged? Yes. No racial gerrymandering.

US v. Lopez (1995)

Can Congress ban guns in schools under the commerce power? No. Limits federal power.

Citizens United v. FEC (2010)

Can corporations spend money in elections? Yes. Money equals speech under the 1st Amendment.

McDonald v. Chicago (2010)

Do gun rights apply to states? Yes. The 2nd Amendment is incorporated to the states.