APGOPO Required Cases/Doc Test Review

Articles of Confederation

the first constitution of the United States, adopted in 1777 and in effect from 1781 until 1789. It established a weak central government with limited powers, as the framers were wary of creating a strong central authority after their experience with British rule. However, the deficiencies of it, such as the lack of a strong executive, inability to levy taxes, and difficulties in coordinating national defense, led to the eventual drafting and ratification of a new constitution

Declaration of Independence

refers to a foundational document in American history that formally announced the thirteen American colonies' decision to break away from British rule. Adopted on July 4, 1776, it outlines the philosophical principles justifying the colonies' independence, asserting that all individuals have inherent rights, including life, liberty, and the pursuit of happiness. Written primarily by Thomas Jefferson, the document serves as a political and ideological model emphasizing concepts such as popular sovereignty and the idea that government derives its legitimacy from the consent of the governed.

U.S. Constitution

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.

Federalist 10

argues against the dangers of factionalism in a democratic society, emphasizing the benefits of a large and diverse republic as a opposed to a small democracy in mitigating the influence of special interest groups. In a larger republic, elected representatives would be more likely to represent a variety of interests and work for the common good. Madison contends that a well-constructed union with checks and balances can better control the negative effects of factions, fostering stability and protecting minority rights within a representative government.

Brutus 1

an Anti-Federalist essay written first expressing the issues with effective central representation of the vast size and diversity of the nation. It articulates concerns about the extensive powers granted to the federal government, particularly the potential for abuse of the "necessary and proper" clause and the Supremacy Clause, which could undermine state sovereignty and result in tyranny. It also express the fear of standing armies and excessive tax burdens by the federal government exposed on the states. Its foremost arguments is the need for a Bill of Rights.

Federalist 51

argues for a separation of powers among the three branches (executive, legislative, and judicial) to prevent the abuse of authority. The paper emphasizes the necessity of each branch having some control over the others to ensure that no single branch becomes too powerful, promoting the idea of a balanced government to protect individual rights and maintain a stable political system. It also indirectly supports the concept of federalism, where power is shared between the federal and state governments.

Federalist 70

authored by Alexander Hamilton, argues for a strong and energetic executive branch in the form of a single president. Hamilton contends that a unitary executive with prompt decision-making powers is crucial for effective governance and to protect against the potential pitfalls of a divided or weak executive He compares the proposed American presidency to the executive systems of various European monarchies, particularly the British monarchy. He argues that the American executive is distinct and superior because it combines energy with accountability.

Federalist 78

addresses the role and importance of an independent judiciary in the new U.S. government. Hamilton argues that the judiciary, particularly the Supreme Court, should possess life tenure and exercise judicial review to protect the Constitution from legislative encroachments, ensuring that the judiciary acts as a check on the other branches. Hamilton famously refers to the judiciary as the "least dangerous" branch of government. He contends that the judiciary does not have the power of the purse (like Congress) or the power of the sword (like the executive branch), but rather relies on the power of judgment (rule of law).

Bill of Rights

comprises the first ten amendments to the United States Constitution, guaranteeing fundamental rights and protections to citizens. These include the First Amendment, safeguarding freedom of speech, religion, and assembly; the Second Amendment, protecting the right to bear arms; and the Fourth Amendment, ensuring protection against unreasonable searches and seizures. Additionally, the Bill of Rights encompasses the right to a fair trial (Fifth and Sixth Amendments) and guards against cruel and unusual punishment (Eighth Amendment).

Letter from Birmingham Jail

A letter by MLK that outlines his philosophy of nonviolent civil disobedience, emphasizing that individuals have a moral duty to oppose unjust laws and practices. This document highlights the role of civil disobedience in challenging government policies, promoting civil rights, and securing constitutional rights for all citizens. It underscores the importance of individuals and groups holding their government accountable to ensure equal protection under the law.

Facts of Marbury v. Madison

a judge had been appointed Justice of the Peace in the District of Columbia, but his commission was not delivered. he petitioned the Supreme Court to compel the new Secretary of State to deliver the documents.

Facts of McCulloch v. Maryland

In 1816, Congress chartered The Second Bank of the United States. In 1818, a state passed legislation to impose taxes on the bank. The cashier of the Baltimore branch of the bank, refused to pay the tax. The state appeals court held that the Second Bank was unconstitutional because the Constitution did not provide a textual commitment for the federal government to charter a bank.

Facts of US v. Lopez

A 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. Federal agents charged Lopez with violating a federal criminal statute, the Gun-Free School Zones Act of 1990. Lopez was found guilty following a bench trial and sentenced to six months' imprisonment and two years' supervised release. His lawyer argued that the GFSZA was unconstitutional as a federal overreach.

Facts of Engel v. Vitale

The New York State Board of Regents authorized a short, voluntary prayer for recitation at the start of each school day. A group of organizations joined forces in challenging the prayer, claiming that it violated the Establishment Clause of the First Amendment. The New York Court of Appeals rejected their arguments.

Facts of Wisconsin v Yoder

A Wisconsin statute required parents of children aged 16 and under to send their children to a formal school. 3 parents were charged and tried in a criminal court for not sending their teenagers to school. The parents didn't want their children exposed to divergent values and practices at a public high school, but instead supported private vocational learning in their Amish community.

Facts of Tinker v. Des Moines

Students were suspended for wearing black armbands as a symbol to protest the Vietnam War

Facts of New York Times v US

the Nixon Administration attempted to prevent a newspaper from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam.

Facts of Schenck v. US

Charles Schenck distributed pamphlets urging resistance to the military draft during World War I. He was convicted under the Espionage Act.

Facts of McDonald v. Chicago

A city's gun control laws were challenged by individuals who wanted to possess handguns for self-defense.

Facts of Gideon v. Wainwright

a defendant was charged with breaking and entering in Florida but was denied a lawyer because the state only provided counsel in capital cases.

Facts of Brown v. Board of Education

a African American student was denied admission to a white school and sued challenging the doctrine of "separate but equal."

Facts of Baker v. Carr

The state of Tennessee hadn't redrawn its legislative districts in over 60 years. Within that time the states urban populations had grown much faster than its rural populations making it so that rural voters had much more power than urban voters. Citizens sued citing that reaportionment was a justiciable issue for SCOTUS

Facts of Shaw v. Reno

The U.S. Attorney General rejected a North Carolina congressional reapportionment plan because the plan created only one black-majority district. North Carolina submitted a second plan creating two black-majority districts. Five North Carolina residents challenged the constitutionality of this new unusually shaped district, alleging that its only purpose was to secure the election of additional black representatives.

Facts of Citizens United v. FEC

a nonprofit organization produced a film critical of Hillary Clinton. A govenment agency blocked the film's distribution, citing campaign finance laws prohibiting corporations from funding electioneering communications close to an election.

Article III, Section 2, Clause 2 "Jurisdiction"

Constitutional Clause(s) of Marbury v. Madison

"Necessary and Proper" Clause; Supremacy Clause

Constitutional Clause(s) of McCulloch v. Maryland

2nd Amendment; The Commerce Clause; "Necessary and Proper" Clause

Constitutional Clause(s) of U.S. v. Lopez

Establishment Clause (1st Amendment); Selective Incorporation of 14th Amendment

Constitutional Clause(s) of Engel v. Vitale

Free Exercise Clause (1st Amendment); Selective Incorporation of 14th Amendment

Constitutional Clause(s) of Wisconsin v. Yoder

freedom of speech and expression (1st Amendment); Selective Incorporation of 14th Amendment

Constitutional Clause(s) of Tinker v, Des Moines School District

Freedom of the Press (1st Amendment)

Constitutional Clause(s) of New York Times v. US

6th Amendment Right to Counsel, Selective Incorporation of 14th Amendment

Constitutional Clause(s) of Gideon v. Wainwright

Freedom of Expression (Speech)

Constitutional Clause(s) of Schenck v. US

2nd Amendment "Right to Bear Arms", Selective Incorporation of 14th Amendment

Constitutional Clause(s) of McDonald v. Chicago

14th Amendment Equal Protection Clause

Constitutional Clause(s) of Brown v. Board

freedom of speech/expression (1st Amendment)

Constitutional Clause(s) of Citizens United v. FEC

14th Amendment Equal Protection Clause

Constitutional Clause(s) of Baker v. Carr

14th Amendment Equal Protection Clause

Constitutional Clause(s) of Shaw v. Reno

Principle of Judicial Reviews; executive appointment power is unlimited

Precedent Set by Marbury v. Madison

Strengthened federal authority and implied powers of Congress; federal > state in conflict

Precedent Set by McCulloch v. Maryland

Narrowed the use of commerce clause application with reference to 2nd Amendment

Precedent Set by U.S. v. Lopez

strengthened establishment clause; institutional led prayer in public school is unconstitutional

Precedent Set by Engel v. Vitale

strict scrutiny for freedom of exercise absent a compelling interest

Precedent Set by Wisconsin v. Yoder

students retain their freedom of symbolic speech in public schools if not disruptive

Precedent Set by Tinker v. Des Moines

strict scrutiny for prior restraint of the press; must show imminent harm

Precedent Set by NYT v. US

"clear and present danger" test for restricting speech

Precedent Set by Schenck v. US

Established the right to counsel in all criminal cases, state and federal

Precedent Set by Gideon v. Wainwright

incorporated 2nd Amendment to the states

Precedent Set by McDonald v. Chicago

separate (segregation) is inherently unequal; sets precinct for the end of racial segregation

Precedent Set by Brown v. Board of Education

freedom of expression extends to linkage institutions; political spending is speech

Precedent Set by Citizens United v. FEC

mandatory proportional redistricting by state legislatures; "one person, one vote"

Precedent Set by Baker v. Carr

no sole racial gerrymandering in redistricting

Precedent Set by Shaw v. Reno