AP Gov. Required Docs & SCOTUS Cases

Declaration of Independence

Declaration of Independence

A formal declaration of war between America and Great Britain was written by Thomas Jefferson. List of “grievances” crimes King George III committed against the colonies. Basic ideas: equality, due process, popular sovereignty, and social contract.

Articles of Confederation (1781)

Outlined the first government of the United States of America, created a weak central government, and placed most powers on the states. It was a failure because the national government didn’t have the power to tax to raise an army.

U.S. Constitution (1787)

The foundation of our Federal Government. Its framers successfully separated and balanced government powers to safeguard the interests of majority rule and minority rights, liberty and equality, and of the federal and state government.

Brutus 1

Defends a small government and argues that the federal system poses violation to individual rights.

Author Brutus - asked questions about and critiqued the draft of the Constitution. The first publication that began was the Federalist and Anti-Federalist Papers. A national government has too much power, an army could prevent liberty, and representatives may not truly be representatives of the people.

*Major dissent: The Federalist Papers attempted to answer questions and address concerns posed by Brutus and other Anti-Federalists.*

Federalist no.10

Madison argued for a strong central government that controls the “mischiefs of faction.”

Addresses the dangers of factions and how to protect minority interest groups in a nation ruled by the majority. Argues that a large republic keeps any single faction from taking control.

*Major dissent: Anti-Federalists thought that Madison’s claims were unrealistic and that a country with multiple factions could never create a good union. Believed that no large nation could survive and that states’ separate interests would fracture the republic.*

Federalist no. 51

Madison argued that separation of powers would make the government efficient, dividing responsibilities and tasks.

*Major dissent: Anti-Federalists believed that there was no perfect separation of powers and that one branch of government would eventually hold more power.*

Federalist no.70

Alexander Hamilton argued that the executive branch should only have one member: The President (used the British monarchy as an example: the king had power but was checked by the House of Commons). Proposed term limits as another way to limit the president’s power (not set until the 22nd Amendment in 1951)

*Major dissent: Anti-Federalists believed that only the president’s staff would influence him and disagreed with giving control of the military to one person.*

Federalist no.78

Alexander Hamilton addressed concerns about the power of the judicial branch, argued that the judicial branch would have the least amount of power under the Constitution but would also have the power of judicial review (check on Congress)

*Major dissent: Anti-Federalists claimed that a federal judiciary could overpower states’ judiciaries and that judges’ lifetime appointments could result in corruption.*

McCulloch v. Maryland (Unanimous vote for McCulloch) Federal power expands over the States - Brutus warned of this.

Facts: Several States, including Maryland, passed laws to tax the Federal (National) Bank.

Holding: Congress may establish a national bank and states could not tax national banks.

Constitution Principle: Reinforced Supremacy Clause of the Constitution - the federal government is superior to the state government when the 2 have issues/conflicts. Necessary and Proper Clause - Congress has implied powers and is not limited by its expressed power.

Marbury v.Madison (Unanimous vote for Madison) *Marbury is mad and wants Judicial Review*

Facts: Marbury was appointed as justice of the peace in DC by Adams but didn’t receive his commission, so he petitioned the Supreme Court to compel the Secretary of State, James Madison, to deliver his commission.

*The Supreme Court increased its power by giving itself the power to overturn laws passed by the legislature (judicial review) - The ruling established the Judicial Branch as equal to the Legislative and Executive branches and is a pillar of Checks and Balances*

United States v. Lopez (5-4 for Lopez) *US was law to use Commerce Clause for guns in school.*

Facts: A student in Texas brought an unloaded gun to school and was charged with violating the federal Gun-Free School Zones Act of 1990.

Holding: The law is unconstitutional because possession of a gun in a school zone does not substantially affect any sort of interstate commerce.

Constitutional Principle: The 10th Amend. creates a federal system that protects state power. The commerce clause does grant Congress endless power. Limited Federal Powers use of the Commerce Clause and gave back rights to states.

Engel v. Vitale (6-1 for Engel) *Engel - Angel (Praying) and Vitale - Violates establishment clause.*

Facts: Public Schools in NY began the school day by inviting students to recite a nondenominational prayer each morning. Parents sued over Freedom of Religion - which violated the Establishment Clause of the First Amendment.

Holding: The state can’t hold prayers in public schools, even if participation is voluntary and the prayer isn’t tied to a specific religion.

Constitutional Principle: Religious practices in school violate “Establishment Clause.”

Wisconsin v. Yoder (Unanimous vote for Yoder)

Facts: Wisconsin had a law that mandated school attendance until age 16. Amish families refused for religious reasons to send their children to high school once they finished 8th grade.

Holding: Compelling Amish students to attend public school beyond 8th grade violated the “Free Exercise Clause”. The ruling expanded parental control in schools in education and religion.

Constitutional Principle: Respect religious practices through the “Free Exercise Clause.”

Tinker v. Des Moines (7-2 for Tinker)

Facts: Students were suspended for wearing black armbands as a symbol to protest the Vietnam War. Sued, claiming Freedom of Speech was violated.

Holding: The armbands represent pure speech and students have free speech rights at school. To justify suppressing speech, the school must prove that it would interrupt the operation of the school.

Constitutional Principle: Freedom of Speech. Student’s rights do not stop on school grounds and public schools must allow students their First Amendment rights as long as they do not cause a disruption.

New York Times v. U.S. (Unanimous vote for New York Times (press))

Facts: The Nixon admin tried to prevent the publication of classified Pentagon Papers about the Vietnam War. The President argued that prior restraints were necessary to protect national security.

Holding: The government didn’t have the right to block the publication of the Pentagon Papers and did not prove their case that publication would create a national security risk.

Constitutional Principle: Freedom of Speech & Press - there is a heavy presumption against the constitutional validity of government claims of prior restraint.

Schenck v. U.S. (Unanimous vote for US)

Facts: Schenck distributed flyer arguing that the military draft violate the 13th Amend. He was arrested for violating the Espionage Act by attempting to cause insubordination in the military and obstruct recruitment.

Holding: The Espionage Act didn’t violate the 1st Amend. and was an appropriate exercise of Congress’ wartime authority.

Constitutional Principle: Freedom of Speech. During wartime rights are limited. Draft is necessary and discouraging men from joining presented a clear and present danger. Created the clear and present danger test which was overturned by Brandenburg v Ohio in 1969.

Gideon v. Wainwright (Unanimous for Gideon) *Gimme a lawyer!*

Facts: Gideon was charged with a felony and requested that the state court appoint a lawyer for him. The court denied because according to FL State law, attorney would only be appointed for a person in capital case.

Holding: States must provide attorney for defendants who can’t afford one.

Constitutional Principle: Selective Incorporation of 6th Amendment right to counsel. If the government can take away someones liberty, they must provide legal assistance in all criminal cases.

McDonald v. Chicago (5-4 vote for McDonald)

Facts: Residents of Chicago were invariably denied licenses for handguns, creating an effective ban on handguns. D.C. v. Heller established an individual right to bear arms.

Holding: The 2nd Amend.’s right to bear arms for the purpose of self-defense applies to the states.

Constitutional Principle: The 2nd Amend. establishes an individual to bear arms through the 14th Amend.’s Due Process clause applies to states.

Roe v. Wade (7-2 vote for Roe)

Facts: Roe alleged that the state laws were unconstitutionally vague and abridged her right to personal privacy. Roe challenged Texas law which made all abortions illegal.

Holding: The right to privacy implied in the 14th Amendment protects abortion as a fundamental right. However, the government retained the power to regulate or restrict abortion access depending on the stage of pregnancy.

Constitutional Principle: Right to Privacy - extends to abortion.

Brown v. Board of Education (Unanimous vote for Brown)

Facts: Black students in serval states were denied admittance to certain public schools based on race.

Holding: Racial segregation of public schools allowed by the “separate but equal” principle of Pless v. Ferguson is unconstitutional.

Constitutional Principle: Racially segregated schools violated the equal protection clause of the 14th Amendment.

*This ruling sparked the Civil Rights Movement, this interpretation of equal protection overturned Plessy, this ruling only desegregation schools, not society.*

Baker v. Carr (6-2 vote for Baker) *One Baker in One Car - Equal*

Facts: Tennessee residents alleged that reapportionment didn’t take into account population shifts, therefore one person’s vote wasn’t necessarily equal to another person’s vote.

Holding: Apportionment claims are justifiable in federal court.

Constitutional Principle: Under the Equal Protection Clause the appellants had a right to challenge unequal apportionment.

*One Person One Vote*

Shaw v. Reno (5-4 vote for Shaw) *I “Shaw” what you did with the lines!*

Facts: North Carolina created a bizarrely shaped majority-minority district to increase black representation in Congress. None represent for blacks in NC. Violate the 14th Amendment.

Holding: Congressional districts cannot be drawn based on race.

Constitutional Principle: Drawing a Congressional district based only on race violated the equal protection clause and opposes the “colorblind” ideal of US law.

*The shape of the proposed district was bizarre enough to appear it separate voters. Race cannot be the only factor in redrawing. Nationwide changes to legislative redistricting. Racially motivated redistricting must be held to narrow standards and compelling government interests.*

Gerrymandering - draw to favor one over another.

Citizens United v. FEC (5-4 vote for Citizens United)

Facts: Bipartisan Campaign Reform Act banned corp. and unions from independent political spending with 60 days of a generation elections or 30 days of a primary election. Also banned direct contributions from corp. to candidate campaigns of political parties. During 2008 primaries, Citizens United, a conservation non-profit organization, was prevented by the FEC from showing its anti-Hillary movie.

Holding: Political spending by advocating groups and PACS are protected by 1st amendment BCRA’s restriction are unconstitutional. Corp, unions, interest groups can raise and spend unlimited money in form of independent expenditures.

Constitutional Principle: Based on the 1st Amendment’s free speech clause, corp. have the rights to engage in political speech.

Letter from Birmingham Jail

Promoted social movements and civil disobedience to demand and fulfillment of the founding principles for minorities.