All foundational documents and required cases - AP GOV

Declaration of Independence

ENLIGHTENMENT + PEOPLES RIGHTS

• Formal declaration of war against Great Britain

  • The whole world is watching (or so they think)

• Inspired by the enlightenment ideals of the social contract, inalienable rights, popular sovereignty, the right to revolt, and more!

• Lists the grievances of the colonies against the king - taxes, forced quartering of soldiers, preventing people from being elected — monarchy, tyranny

Articles of Confederation

WEAK CENTRAL GOV TO PREVENT TYRANNY

Established during and after the American Revolution 

• Gave more authority to the states

• Had only 1 branch of government 

• Widely seen as weak:

  • No ability to raise or impose taxes  (can’t pay debts)

  • 9/13 states must vote to pass laws, 13/13 to make amendments

  • No ability to make army 

  • Can’t regulate commerce

Article 1 constitution

Congress (Enumerated powers, commerce clause, elastic clause, presentment clause)

Article 2 constitution

The Presidency — electoral college, impeachment

Article 3 constitution

 Judicial system is outlined, creates SCOTUS, establishes trial by jury, appellate and original jurisdiction

Article 4 constitution

Full faith and credit clause, Privileges and immunities clause,

Article 5 constitution

• the amendment process is established with ⅔ vote in both houses and ratification by 3/4th of states

Article 6 constitution

Supremacy clause

Bill of Rights

PROTECTING PEOPLE’S RIGHTS

Context: A response to the Federalist and Anti-federalist debates to address the concerns of ratification (10 Amendments are added)

Main Ideas:

These protect individual liberties and many are direct responses to pre-revolution problems

Ensures clear division of power between State and Federal government with the

10th Amendment: Any powers not listed are given to the states and the people

1st amendment bor

Religion — establishment clause and free exercise clause, free speech, press, assembly, petition

2nd amendment bor

The right to bear arms — prefatory clause : regulated militia needed, operative clause: the people have the right to bear arms — both are protected/established

3rd amendment bor

quartering soldiers not allowed; identifying personal property

4th amendment bor

prevents unreasonable search + seizure without probable cause

5th amendment bor

protects due process of law, prevents double jeopardy and self incrimination

6th amendment bor

rights of the accused — right to speedy trial + jury in criminal cases

7th amendment bor

civil cases —> money cases ; right to a jury

8th amendment bor

rights of the accused ; no excessive bail or cruel + unusual punishment

9th amendment bor

rights in the constitution cannot be denied to the people

10th amendment bor

Any powers not listed are given to the states and the people 

Brutus 1

AGAINST necessary and proper clause (Article 1, section 8 ) + supremacy clause (Article 6, section 2) - TYRANNY

Corruption + not as efficient + lack of public good

• Ratifying the Constitution would lead to a concentration of power in the hands of few and this would erode individual liberties

• How are people to stand up to a tyrannical gov. when it has too much power?

• The document lacks sufficient checks and balances between the national and state governments

• There are no clear outlines to what the citizen’s individual liberties are 

Federalist 10

FACTIONS — will always exist, best curbed in LARGE REPUBLIC due to competition

• The “mischief of factions” will always be present 

• The causes of factions cannot be removed so we must control their effects

• We must deal with factions by having a large republic which can act as a filter and cause them to compete

• Republics can preserve minority rights and voice

Federalist 51

SEP OF POWERS + CHECKS AND BALANCES —- LIMITED GOV.

• Explains how the constitution provides separation of powers through checks and balances

• Checks and balances control the potential abuses of the majority

• “If all men were angels, no government would be necessary”

Federalist 70

SINGLE ENERGETIC EXECUTIVE

• Hamilton argues in favor of a single executive 

• One president can act quickly and quietly than a group of leaders

• It is easier to identify 1 corrupt individual rather than fine one  a council

• We want an energetic executive

Federalist 78

INDEPENDENT JUDICIARY

• Hamilton argues in favor of life terms for justices pending good behavior 

  • Ensures judicial independence 

  • Strives for SCOTUS to be the “least dangerous” of the branches 

• Also argues for judicial review as justices will declare all acts in opposition to the constitution as “void”

McCulloch v Maryland clause

supremacy clause - article 6

McCulloch v Maryland Summary

• Confirmed the rights of Congress to utilize their implied powers to carry out the expressed powers.

• Maryland tried to tax the Federal Bank

• States cannot interfere with or tax legitimate activities of the federal government

McCulloch v Maryland holding

• Established the Constitution and federal law as supreme over state laws

• McCulloch won

Letter from a birmingham jail summary

• Nonviolent direct action brings “constructive tension”

• Tension is needed to make meaningful change

• Progress is not inevitable and equal rights should not “wait”

• There is a moral responsibility to ignore unjust laws

• White moderates who do not act and Black nationalists are both dangerous to the movement of equal rights

• quotes dec. of independence

• equal protection clause — 14th amendment — segregation is unconstitutional

Marbury V Madison clause

Article 3 - judicial branch

Marbury V Madison Summary

• Established the principle of judicial review 

• Strengthens the power of the Judicial Branch by giving the power to declare acts unconstitutional

Marbury V Madison holding

Supreme Court can nullify an act by the legislative or executive branch if it violates the constitution — cannot enforce it however

Marbury won

Schenck v US clause

freedom of speech - first amendment

Schenck v US summary

• Schenck handed out anti-draft pamphlets during WWI and was not protected under the 1st Amendment

• The pamphlets presented a “clear and present danger” and therefore they could be limited

Schenck v US holding

Creates the “Clear and Present Danger” Test to decide what speech is protected

US won

Brown V Board of Ed clause

equal protection clause — fourteenth amendment

Brown v Board of Ed summary

• Ruled that racially segregated schools violated the Equal Protection Clause 

• Reversed the “separate but equal” doctrine established in Plessy v. Ferguson 

Brown v Board of Ed holding

•  Racial segregation is unconstitutional and schools must be integrated 

• Brown Won

Baker V Carr clause

equal protection clause - 14th amendment

Baker V Carr Summary

• Redistricting issues present justiciable questions - federal courts can intervene to decide 

• State legislative districts must be as equal as possible

Baker V Carr holding

• Established the “one man, one vote” doctrine and opened the door to future redistricting cases

• Baker won

Engel V Vitale clause

establishment clause - first amendment

Engel V Vitale summary

• School had a non-denominational prayer during the school day 

• Court ruled this was a violation of the establishment clause because the school was endorsing religion

Engel V Vitale holding

• Schools cannot sponsor religious activities

• Engel won

Gideon V Wainwright amendment

6th amendment - right to counsel

Gideon V Wainwright summary

• Gideon goes to trial for breaking and entering and asks for a lawyer as he cannot pay for one

• 6th Amendment’s right to counsel applies to those accused of major crimes under state laws

• Shows the incorporation of 6th Amendment through the Due Process clause 

Gideon V Wainwright holding

• guarantee of an attorney for the poor or needy

• Gideon won

Tinker v Des Moines amendment

Freedom of speech (symbolic) - 1st amendment

Tinker v Des Moines summary

• Tinker and others wore an armband to school as a protest

• Court ruled that students do not “shed their constitutional rights” at the school gate and the school preventing the armbands in unconstitutional

Tinker v Des Moines holding

• Students have the right to protest with armbands - its non-disruptive

• symbolic speech included in first amendment

• Tinker won

NYT v US amendment

freedom of press - first amendment

NYT v US summary

• Government can almost never use “prior restraint”

• Newspapers can publish classified documents without risk of censorship or punishment (Pentagon Papers)

• Prevention of this would violate 1st

NYT v US holding

• Establishes “heavy presumption against prior restraint” even in cases involving national security

• NYT won

Wisconsin v Yoder clause

Free exercise clause - first amendment

Wisconsin v Yoder summary

• Amish community wanted to pull students out of school before the age of 16 so they could farm and do domestic work

• Court held it as unconstitutional because freedom of religion outweighs the state’s interest in education

Wisconsin v Yoder holding

Compelling Amish students to attend past 8th grade is illegal

Yoder won

Shaw V Reno clause

equal protection clause - first amendment

Shaw v Reno summary

• Involves gerrymandering and redistricting based on race

• This is held to the strict scrutiny standard under the equal protection clause

• Racial gerrymandering is unconstitutional and race cannot be the sole or predominant factor

Shaw v reno holding

• legislative redistricting must not be using race as a sole/predominant factor but be conscious of majority-minority districts

• shaw won

US v Lopez clause

interstate commerce clause - Article 1

US v Lopez summary

Gun Free Schools Zones Act declared unconstitutional because it exceeded Congress' authority to regulate interstate commerce. Congress did not  have the power to outlaw guns near schools with the commerce clause.

Us V Lopez holding

• Congress may not use the commerce clause to make possession of a gun in a school a crime.Affirmed the states rights to make laws under the 10th Amendment.

• Lopez won

Mcdonald V Chicago clause and amendment

Due Process - fifth amendment, Privileges and Immunities- fourteenth amendment and 2nd Amendment - right to bear arms, OPERATIVE CLAUSE

Mcdonald v Chicago summary

• Individuals have the right to “keep and bear arms” and is incorporated via the 14th 

• Chicago could not withhold this right without due process of law 

Mcdonald v chicago holding

• Right to keep and bear arms for self-defense applies to the states

• Mcdonald won

Citizens United v FEC amendment

freedom of speech - first amendment

Citizens United v FEC Summary

• Struck down restrictions on independent expenditures 

• Money as free speech

• Overturned the 2002 Bipartisan Campaign Reform Act (BCRA) which banned soft money

Citizens United v FEC Holding

• Political spending by corporations, associations, and labor unions protected and cannot be limited 

• Citizens united won

fourteenth amendment

citizenship to those naturalized in US, due process clause, privileges and immunities clause, equal protection clause, repealed 3/5 compromise

fifteenth amendment

right to vote not denied by race - African american men could vote

sixteenth amendment

congress can issue income tax without it being based on population

seventeenth amendment

direct election of senators

twenty second amendment

limited to two presidential terms

twenty fourth amendment

eliminated poll taxes

twenty sixth amendment

18 and older can voter

nineteenth amendment

no voting limited based on sex, women right to vote