Foundational Documents/Cases (Need to update)

Federalist 51

• Each branch of government will keep each other in check and prevent a single one from becoming too powerful

• Federal judges should not be appointed by the public to ensure judicial impartiality and protecting them from political pressure

• A large republic helps protect minority rights by making it difficult for a majority oppression

Federalist 70

• Strong, energetic, effective president is necessary for a good govt

• Ensures accountability, effectiveness, and quick decision-making during war

• A small, plural executive is more likely to abuse power than a single executive

Federalist 78

• Judges should serve for life tenure during “good behavior”

• Life long tenure protects against abuses of govt power and ensures law is being administered correctly

• Any law that violates the Constitution is void

• Power of people is superior to that of the judicial and legislative branch

Unitary Executive Theory

• Theory arguing that all executive power should be vested solely in the President

• President should have completely control over entire executive branch w/o interference from Congress
  - Supporters: Ensures accountability and transparency
  - Critics: Weakens checks + balances

McDonald v. Chicago

• Otis McDonald was barred from obtaining a handgun b/c of state law

• SCOTUS ruled that 2nd Amendment (bear arms) is incorporated to the states through the 14th Amendment’s due process clause

• Established the principle of selective incorporation (constitutional protections are applicable to state govt, not just federal)

Schenck v. US

• Charles Schenck distributed pamphlets to men, encouraging them to resist the military draft for the WW11

• He was arrested and convicted of violating the Espionage Act (cannot interfere with war efforts)

• SCOTUS upheld his conviction, establishing the “clear and present danger” test to determine limits of free speech during wartime

• First Amendment can be restricted during emergencies

Tinker v. Des Moines

• Students in 1965 wear black armbands to school to protest the Vietnam War and were suspended

• SCOTUS ruled in favor of the students (armbands were symbolic, so protected by 1st Amendment), establishing the “substantial disruption” test

• Students’ freedom of speech (1st Amendment) can’t be limited unless it will “substantially disrupt” school operation

NY Times v. US

• NYT released the Pentagon Papers to the public in their newspapers

• Nixon administration sought a court order to stop the NYT from publishing the documents, citing national security concerns

• SCOTUS ruled in favor of NYT, stating that government action can only prohibit speech before it takes place, not after

• Govt must show that the publication will cause “immediate and irreparable” damage/danger to the nation

Wisconsin v. Yoder

• Amish parents refused to send children to public schools after 8th grade, believing that it would exposed them to contradictory world views/ideas

• SCOTUS ruled in favor of the Amish, stating that the 1st Amendment (free exercise clause) is applied to the states through the 14th Amendment

• Reasoned that a person’s free exercise of religion outweighs state’s interest in school attendance (“compelling state interest”)

• Forcing Amish to send their children to school would disrupt centuries old traditions and religious doctrine

Engel v. Vitale

• Group of parents sued school board, arguing school prayer violated Establishment Clause (1st Amendment)

• School argued it was constitutional b/c it was voluntary prayer

• SCOTUS ruled that promotion of school prayer violated the Establishment Clause and was unconstitutional

Gideon v. Wainwright

• Clarence Gideon (only had 8th grade education) was arrested and at his trial, he requested for a court-appointed lawyer but judge refused his request

• Judge said that the 6th Amendment (right to counsel) did not apply to the states and only in federal courts

• SCOTUS applied the due process clause to “incorporate” the 6th Amendment to states

• States are required to provide counsel for defendants in all cases

Mapp v. Ohio

• Dollree Mapp was arrested after police illegally searched through her car trunk, finding “lewd” books and pictures (they were searching for bombs and gambling material)

• SCOTUS used the due process cause to “incorporate” the Fourth Amendment (no unreasonable searches/seizures)

• The 4th Amendment now protects against illegal searches and seizures at both the state and federal level

Miranda v. Arizona

• Ernesto Miranda was arrested and charged but was never informed of his right to remain silent and to an attorney (he eventually signed a written confession)

• Prosecutors used his conviction to convict him

• SCOTUS ruled in favor of Miranda by ruling that the Fifth Amendment protects self-incrimination at state and federal levels

• Established the Miranda Rights

Letter from Birmingham Jail

• MLK stated that unjust laws are worth breaking but just laws are to follow

• White moderates are worse than outright racists b/c they prefer order over justice

• African Americans have been told throughout history to “wait”, but they cannot wait anymore

• The church is wrong for remaining silent; they should be a moral leader

Brown v. Board of Education

• Black children were denied admission to white public schools

• SCOTUS challenged the “separate but equal” doctrine of Plessy v. Ferguson (1896)

• Ruled that separate schools were inherently unequal and created a sense of inferiority

• Used strict scrutiny to rule segregation unconstitutional

• Applied equal protection clause of the 14th Amendment

McCulloch v. Maryland

US v. Lopez

Articles of Confederation

Declaration of Independence

Brutus #1

Federalist 10