Foundational Documents and SCOTUS cases

Federalist 10

Written by James Madison, it argues for a large republic to manage factions and protect minority rights.

Brutus I

An Anti-Federalist paper warning against the dangers of a powerful federal government.

Declaration of Independence

Document asserting inalienable rights and justifying revolution against oppressive governments.

Articles of Confederation

The first governing document of the U.S., creating a weak central government.

Bill of Rights

The first ten amendments to the Constitution guaranteeing individual liberties.

Federalist 51

Written by James Madison, it advocates for checks and balances and separation of powers.

Federalist 70

Written by Alexander Hamilton, it defends a strong single executive for effective governance.

Federalist 78

Describes the Judiciary as the least dangerous branch with the importance of judicial independence.

Marbury v. Madison (1803)

Case that established judicial review, empowering the judiciary to overturn unconstitutional laws.

McCulloch v. Maryland (1819)

Affirmed federal supremacy and the use of implied powers under the Elastic Clause.

Schenck v. US (1919)

Established the 'clear and present danger' test, limiting free speech during wartime.

Brown v. Board of Education (1954)

Declared racially segregated schools unconstitutional under the Equal Protection Clause.

Baker v. Carr (1961)

Enabled federal courts to intervene in state legislative apportionment cases.

Engel v. Vitale (1962)

Prohibited school-sponsored prayer, reinforcing the separation of church and state.

Gideon v. Wainwright (1963)

Guaranteed the right to legal counsel in criminal cases, even for those unable to afford an attorney.

Tinker v. Des Moines (1969)

Protected student free speech in schools, allowing symbolic speech as long as it does not disrupt.

New York Times Co. v. US (1971)

Strengthened freedom of the press, ruling that prior restraint is unconstitutional.

Wisconsin v. Yoder (1972)

Prioritized religious freedom over compulsory school attendance laws in certain cases.

Roe v. Wade (1973)

Legalized abortion by recognizing a woman's right to privacy in terminating her pregnancy.

Shaw v. Reno (1993)

Addressed racial gerrymandering, establishing strict scrutiny for race-based redistricting.

United States v. Lopez (1995)

Limited federal power under the Commerce Clause regarding non-economic activities.

Citizens United v. FEC (2010)

Expanded corporate political spending rights, treating political spending as free speech.

McDonald v. Chicago (2010)

Incorporated the Second Amendment to the states, protecting the right to bear arms.

Majoritarian Tyranny

The risk that a majority faction may infringe on the rights of minority groups.

Separation of Powers

Dividing government responsibilities into distinct branches to prevent any one branch from gaining too much power.

Checks and Balances

A system ensuring that no single branch of government dominates the others.

Elastic Clause (Necessary and Proper Clause)

Allows Congress to pass laws necessary to carry out its enumerated powers.

McCulloch v. Maryland (1819)

This case set a precedent for a broad interpretation of federal powers, strengthening the national government over the states.

United States v. Lopez (1995)

This case marked the first time in decades that the Supreme Court limited Congress's power under the Commerce Clause.

Engel v. Vitale (1962)

The New York State Board of Regents authorized a voluntary, non-denominational prayer to be recited in public schools. The prayer was challenged by a group of parents, who argued that it violated the Establishment Clause of the First Amendment.

Wisconsin v. Yoder (1972)

The Court ruled 7-0 in favor of Yoder, finding Wisconsin’s law unconstitutional as applied to the Amish.

Tinker v. Des Moines Independent Community School District(1969)

During the Vietnam War, Mary Beth Tinker and other students wore black armbands to school to protest the war. The school suspended them, claiming that the armbands disrupted the learning environment. The students sued, arguing that their First Amendment rights had been violated.

New York Times Co. v. United States (1971)

The Nixon administration sought to prevent the New York Times and Washington Post from publishing the Pentagon Papers, a classified study detailing U.S. involvement in Vietnam, citing national security concerns.

Schenck v. United States (1919)

He was charged under the Espionage Act of 1917, which prohibited attempts to interfere with military operations, including the draft. He argued that the Act violated his First Amendment right to free speech.

Gideon v. Wainwright (1963)

Clarence Earl Gideon was charged with felony breaking and entering in Florida. He could not afford an attorney and requested a court-appointed lawyer.

Roe v. Wade (1973)

The Supreme Court held that a woman’s decision to have an abortion falls under the right to privacy protected by the Fourteenth Amendment (previously clarified in Griswold v. Connecticut).

McDonald v. Chicago (2010)

After the Supreme Court’s decision in District of Columbia v. Heller (2008), which struck down a federal handgun ban, McDonald and others challenged Chicago’s handgun ban, arguing it violated their Second Amendment rights.

Brown v. Board of Education (1954)

The case consolidated several lawsuits against public school segregation, primarily focusing on the experience of African American students who were denied admission to public schools due to state segregation laws.

Citizens United v. Federal Election Commission (2010)

In 2008, Citizens United, a nonprofit organization, created a documentary critical of Hillary Clinton during her presidential campaign.

Baker v. Carr (1962)

Tennessee's legislature had not reapportioned districts to account for significant population shifts, meaning that the weight of individual votes in rural districts was greater than in urban districts.

Shaw v. Reno (1993)

The plaintiffs, a group of white North Carolina residents, argued that the district was drawn in a strange, almost absurd shape with the primary purpose being racial gerrymandering, and that it violated the Equal Protection Clause of the Fourteenth Amendment.

Marbury v. Madison (1803)

In the final days of his presidency, John Adams appointed several judges under the Judiciary Act of 1801. When Thomas Jefferson took office, his Secretary of State, James Madison, refused to deliver the commissions. William Marbury, one of the appointees, petitioned the Supreme Court to compel Madison to deliver the commissions.