AP GOV. Foundational Documents and Court Cases

McDonald v Chicago

In 2008 the 2nd amendment was reinterpreted to mean you have the right to defend yourself. Does the Second Amendment apply to states? Yes -- the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states.

Federalist #78

It is important to have a separate judicial branch. It will interpret the law and protect individuals from factions. Judges get life terms because it takes time to master the law.

Federalist #70

We need a strong executive leader, unlike the one under the articles. Having one person is safer than many because they will be under close scrutiny of the people.

Marbury v Madison

James Madison didn't want to deliver documents to validate appointees of John Adams. The court found his refusal illegal, but also that the law that required Marbury (who brought Maddy to court) to bring his claim to court was unconstitutional.
Established the principle of judicial review (power to declare laws unconstitutional)

Wisconsin v. Yoder

Amish ppl wanted to pull their children from public school at 8th grade instead of 16 (age required by law to attend school). Does Wisconsin's requirement that all parents send their kids to school violate the first amendment's free exercise rights? Yes -- freedom of religion.

New York Times v United States

Can the Nixon Administration prevent "classified information" from being published? No -- violates the first amendment. The media can publish anything unless national security is directly threatened (specific threat).

Tinker v Des Moines Independent Community School District

Students wore black arm bands as a way of protesting the Vietnam war. Does prohibiting students from wearing armbands, as a sign of symbolic protest, violate the first amendment free speech rights? Yes.

Gideon v. Wainwright

Clarence Earl Gideon is charged with felony breaking and entering by the state of Florida. He asks the state for an attorney. FL says no. Does the right to council in criminal cases (6th amendment) extend to felony defendants in state courts? Yes.

Engel v. Vitale

Does established prayer-reading in school violate the "establishment of religion" clause of the first amendment? Yes -- the state cannot hold prayers in public schools.

Schenck v. United States

A case establishing that the First Amendment does not protect speech creating a "clear and present danger". The ruling upheld convictions under the Espionage Act, ruling that anti-draft leaflets during wartime posed an, immediate threat to national security. Schenck argued that his conviction violated the first amendment free speech rights. The court says it does not.

Brown v. Board of Education

Does the segregation of public education based solely on race violate the equal protection clause of the 14th amendment? Yes.

Letter from Birmingham Jail

Martin Luther King Jr.'s response to being arrested for political demonstrations and being denied a lawyer. Stated that people have a right to nonviolent political demonstrations.

Citizens United v. Federal Election Commission (2010)

Citizens United wanted to make a movie declaring Hillary Clinton unfit to be president, violating the Bipartisan Campaign Reform Act. It was concluded that the BCR violates the First Amendment.

Articles of Confederation (1781)

First American constitution that established the United States as a loose confederation of states under a weak national Congress.
Importance
Set a precedent for the more effective replacement the Constitution (1789) that Congress/legislative branch needed to be stronger in American government

Brutus No. 1

An Anti-Federalist essay which argued for a confederation of small republics because it would better protect individual liberty. The proposed U.S. Constitution created a dangerously powerful central government.
Importance
argued against a strong central government based on the belief that it would not be able to meet the needs of all US citizens.

Bill of Rights (1789)

The first ten amendments to the Constitution; a written list of guarantees for citizens and states that Federalists promised to add to the Constitution in order to gain ratification and to assuage ant-Federalist fears.
Importance
They are an integral part of the structure of American democracy that citizens have undeniable rights.

The Constitution of the United States

Including a preamble and seven articles, it created a stronger federal government. It lists all powers and functions of every branch of government.
Importance
Keeps the American government organized.

Declaration of Independence (July 4th, 1776)

A list of crimes that King Gorge has committed against the American colonies. Also, used ideas from enlightenment philosophers.
Importance
This set a base for the American government that it didn't want to be Monachary, but suggesting a Democracy.

McCulloch v. Maryland (1819)

the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause.
Importance
Enhanced federal power and set precedent for future cases that federal law has authority over state law under the necessary and proper clause.

United States v. Lopez (1995)

Kid carried a concealed weapon into his high school and was charged for violating a federal criminal statute, the Gun-Free School Zones Act of 1990. This is unconstitutional b/c it exceeds the power of Congress to legislate under the Commerce Clause.
Importance
The national government's power under the commerce clause does not permit it to regulate matters not directly related to interstate commerce.

Federalist No. 10

This is a response to Brutus document (anti-federalist government). He says that a large republic means there will more groups of people that are passionate about different things making it more difficult to compromise and govern makes it harder to consider everyone's ideas.
Importance
Madison made this to persuade others why Federalism is best for the American government.

Federalist No. 51 (February 6, 1788)

James Madison predicted that no single branch of government would become too powerful and oppress citizens, because of the separation of powers and checks and balances so the majority doesn't abuse its power.
Importance
Helps us understand the benefits of checks and balances and separation of powers to help support a federal government.

Baker v. Carr (1962)

Tennessee voters who alleged that their state legislatures failed to account for significant population variations between districts and claimed it violated the Equal Protection Clause of 14th amendment.
Importance
The Court asserted that the federal courts had the right to tell states to reapportion their districts for more equal representation.

Shaw v. Reno (1993)

Person challenged the state North Carolina for the new congressional district map for having 2 "majority- minority" districts claiming that it's racial gerrymandering which violates the equal protection clause of the 14th amendment. North Carolina won.
Importance
Claims of racial gerrymandering were held to strict scrutiny in future cases.