ap gov foundational docs, court cases, clauses, amendments

Shaw v. Reno (1993)

Janet Reno 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.

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.

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.

Federalist No. 10 (Tuesday, November 22, 1787)

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.

United States v. Lopez (1995)

Alfonzo Lopez 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.

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.

Declaration of Independence (July 4th, 1766)

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.

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.

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.

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.

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.

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.

Roe v. Wade (1973)

Roe, a Texas resident, sought to terminate her pregnancy by abortion, but Texas law prohibited abortions except to save the pregnant woman's life which violated the Due Process Clause of the 14th Amendment.
Importance
The decision gave a woman total autonomy over the pregnancy during the first trimester.

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.

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.

Shneck v. United States

Shneck was convicted of violating the espionage act for distributing leaflets encouraging folks to disobey the draft. Shneck argued that his conviction violated the first amendment. The court says it does not.

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.

Gideon v. Wainwright

Does the right to council in criminal cases (6th amendment) extend to felony defendants in state courts? Yes.

Tinker v Des Moines Independent Community School District

Does prohibiting students from wearing armbands, as a sign of symbolic protest, violate the first amendment? Yes.

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).

Wisconsin v. Yoder

Does Wisconsin's requirement that all parents send their kids to school violate the first amendment? Yes -- freedom of religion.

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)

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.

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.

McDonald v Chicago

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.

McDonald v Chicago

Supreme Court case that incorporated the Second Amendment to the states, affirming an individual's right to bear arms for self-defense.

Commerce clause

Congress can regulate trade between nations, between states, and among Indian tribes.

Due Process Clause 5th Amendment

The national government must observe fair procedures when it denies a person life, liberty, or property.

Due Process Clause 14th Amendment

State governments must observe fair procedures when they deny a person of life, liberty, or property.

Elastic Clause

Congress can exercise powers not specifically stated in the Constitution if those powers are "necessary and proper" for carrying out its expressed powers that are specifically stated.

Equal Protection Clause

States cannot unreasonably discriminate against individuals. They must treat people "equally".

Establishment Clause

Congress cannot establish an "official" religion. This, in effect, provides for separation of church and state

Free Exercise Clause

Congress cannot pass laws that ban freedom of worship.

Supremacy Clause

Federal law is supreme over state law

1st Amendment

Freedom of Religion, Speech, of the Press, Assembly, and Petition

2nd Amendment

Protects the people's right to bear arms

4th Amendment

Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause

5th Amendment

Protects rights of due process and the right to remain silent ("plead the 5th"), double jeopardy

6th Amendment

The right to a fair and speedy trial by a jury of one's peers; to have witnesses and to give a defense

8th Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments

9th amendment

non-enumerated rights retained by people (ex. privacy)

10th Amendment

Gives all powers not specifically given to the United States government in the Constitution, to either the states or to the people

13th amendment

abolition of slavery

14th Amendment

Makes anyone born on US soil a citizen and guarantees equal protection under the law

15th Amendment

Gave all men the right to vote regardless of race or color or whether they had been slaves

16th Amendment

Created an income tax and gave the Federal government the power to collect it

17th Amendment

Creates the direct election by the people of Senators

19th Amendment

Gave women the right to vote

20th amendment

changed start dates of presidential term and succession to shorten lame duck period

22nd Amendment

Limits the president to two terms in office (or 10 years) (limits power of executive)

24th Amendment

Prohibited the poll tax

25th amendment

Vice president becomes president if the president dies, resigns, or is removed from office through impeachment

26th Amendment

Sets the national voting age at 18, cannot be set any higher