ap gov foundational documents and court cases

The Declaration of Independence (1776)

• Purpose: Justify the colonies' break from Britain.

• Main Ideas:

  • Natural rights: life, liberty, and the pursuit of happiness.

  • Government's job is to protect those rights.

  • If government fails, people can overthrow it.

  • Influenced by Enlightenment thinkers like John Locke.

The Articles of Confederation (1781)

• Purpose: First U.S. national government framework.

• Main Ideas:

  • Created a weak central government (no power to tax or regulate commerce).

  • States retained most power.

  • No executive or national judiciary.

  • Shays’ Rebellion exposed its weaknesses

The U.S. Constitution (1787)

• Purpose: Establish the current structure of U.S. government.

• Main Ideas:

  • Created three branches: legislative, executive, judicial.

  • Separation of powers and checks and balances.

  • Federalism: division of power between national and state governments.

  • Bill of Rights added shortly after ratification.

Federalist 10 (Madison)

• Purpose: Defend the Constitution against critics of a large republic.

• Main Ideas:

  • Factions are inevitable but dangerous.

  • A large republic dilutes factional influence.

  • Representative democracy controls the effects of factions.

Federalist 51 (Madison)

• Purpose: Explain and defend checks and balances.

• Main Ideas:

  • "If men were angels, no government would be necessary."

  • Each branch must be independent and check the others.

  • Separation of powers protects liberty.

Federalist 70 (Hamilton)

• Purpose: Argue for a strong, single executive (President).

• Main Ideas:

  • A single executive ensures accountability and energy in the executive.

  • Multiple executives cause conflict and confusion.

Federalist 78 (Hamilton)

• Purpose: Justify the structure of the federal judiciary.

• Main Ideas:

  • Judiciary is the “least dangerous” branch (no power of purse or sword).

  • Life tenure ensures independence.

  • Supports judicial review.

  • The judiciary's role is to interpret laws and protect the Constitution from legislative overreach. It acts as a check on the other branches by ensuring that laws align with constitutional principles.

Brutus 1 (Robert Yates)

• Purpose: Argue against ratifying the Constitution.

• Main Ideas:

  • A large republic leads to loss of personal liberty.

  • Too much federal power (esp. in taxing and supremacy clause).

  • Feared a standing army and judiciary overriding state courts

Letter from Birmingham Jail (MLK)

• Purpose: Defend civil disobedience in the fight for civil rights.

• Main Ideas:

  • Moral obligation to break unjust laws.

  • Justice delayed is justice denied.

  • Nonviolent protest is a tool to combat injustice.

1st Amendment

Freedom of speech, religion (Establishment & Free Exercise), press, assembly, and petition.

2nd Amendment

Right to bear arms

3rd Amendment

No quartering of soldiers in homes during peace.

4th Amendment

Protection from unreasonable searches and seizures; requires warrant/probable cause.

5th Amendment

No self-incrimination or double jeopardy; due process; eminent domain rules.

6th Amendment

Right to a speedy, public trial; right to counsel; confront witnesses.

7th Amendment

Right to a jury trial in civil cases over $20.

8th Amendment

No cruel and unusual punishment or excessive bail/fines.

9th Amendment

People have rights beyond those listed in the Constitution.

10th Amendment

Powers not given to the federal government are reserved to the states or people.

11th Amendment

Limits lawsuits against states by individuals from other states/countries.

12th Amendment

Revises Electoral College—President and VP run as a ticket.

13th Amendment

Abolishes slavery and involuntary servitude.

14th Amendment

Grants citizenship; due process & equal protection clauses; used for incorporation.

15th Amendment

Cannot deny voting based on race or color.

16th Amendment

Allows federal income tax to be collected by the federal government.

17th Amendment

Direct election of U.S. Senators by the people.

18th Amendment

Prohibition of alcohol.

19th Amendment

Women gain the right to vote.

20th Amendment

"Lame Duck" — moves presidential inauguration to January 20.

21st Amendment

Repeals the 18th Amendment (ends Prohibition).

22nd Amendment

Limits president to two terms in office.

23rd Amendment

Washington, D.C. receives 3 electoral votes.

24th Amendment

Bans poll taxes in federal elections.

25th Amendment

Presidential succession and disability clarified.

26th Amendment

Lowers voting age to 18.

27th amendment

Limits Congressional pay changes until after the next election.

Marbury v. Madison (1803)

• Facts: William Marbury sued after not receiving his judicial commission, which was signed under President Adams but not delivered by Jefferson’s administration.

• Constitutional Principle: Article III – Judicial powers; Judicial review not explicitly mentioned.

• Ruling: SCOTUS said Marbury had a right to the commission, but the Court couldn’t issue the writ because the Judiciary Act of 1789 conflicted with the Constitution.

• Impact: Established judicial review — the power to declare laws unconstitutional. Strengthened the judiciary.

McCulloch v. Maryland (1819)

• Facts: Maryland tried to tax the Second Bank of the U.S. McCulloch, a bank employee, refused to pay.

• Principles: Necessary and Proper Clause (Article I, Section 8), Supremacy Clause (Article VI)

• Ruling: Congress can create a national bank (implied powers), and states can’t tax it.

• Impact: Strengthened federal power over the states; supported implied powers.

United States v. Lopez (1995)

• Facts: A student brought a gun to school; charged under the federal Gun-Free School Zones Act.

• Principle: Commerce Clause (Article I, Section 8)

• Ruling: Possessing a gun in a school zone isn’t economic activity; the law exceeds Congress’s commerce power.

• Impact: First modern case to limit federal power under the Commerce Clause.

Engel v. Vitale (1962)

• Facts: NY public schools held a voluntary, nondenominational prayer each morning.

• Principle: Establishment Clause (1st Amendment)

• Ruling: School-sponsored prayer, even if non-compulsory, violates the Establishment Clause.

• Impact: Banned state-sponsored prayer in schools; reaffirmed separation of church and state.

Wisconsin v. Yoder (1972)

• Facts: Amish families refused to send children to school past 8th grade due to religious beliefs; Wisconsin required school until age 16.

• Principle: Free Exercise Clause (1st Amendment)

• Ruling: The state’s interest in compulsory education is outweighed by the parents' religious freedom.

• Impact: Protected religious practices; limited government overreach into religion.

Tinker v. Des Moines (1969)

• Facts: Students wore black armbands to protest the Vietnam War; school suspended them.

• Principle: Freedom of Speech (1st Amendment)

• Ruling: Symbolic speech is protected in schools as long as it’s not disruptive.

• Impact: Defined student speech rights; "students don’t shed rights at the schoolhouse gate."

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

• Facts: The Nixon administration tried to block publication of the Pentagon Papers (classified info on the Vietnam War).

• Principle: Freedom of the Press (1st Amendment)

• Ruling: The government can’t exercise prior restraint without a serious threat to national security.

• Impact: Strengthened press freedom, even during wartime.

Schenck v. United States (1919)

• Facts: Charles Schenck distributed anti-draft leaflets during WWI and was charged under the Espionage Act.

• Principle: Freedom of Speech (1st Amendment)

• Ruling: Speech creating a “clear and present danger” is not protected.

• Impact: Speech can be limited in wartime; later narrowed by Brandenburg v. Ohio (not required case).

Gideon v. Wainwright (1963)

• Facts: Clarence Gideon was denied a lawyer in a Florida felony case and had to defend himself.

• Principle: 6th Amendment (right to counsel) + 14th Amendment (due process/incorporation)

• Ruling: States must provide attorneys to those who can’t afford one in criminal cases.

• Impact: Incorporated right to counsel to states; expanded defendant rights.

McDonald v. Chicago (2010)

• Facts: Chicago banned handguns; McDonald sued.

• Principle: 2nd Amendment + 14th Amendment (selective incorporation)

• Ruling: The right to bear arms applies to states.

• Impact: Incorporated the 2nd Amendment for individual gun rights at the state level.

Brown v. Board of Education (1954)

• Facts: African American students were denied admission to white schools.

• Principle: Equal Protection Clause (14th Amendment)

• Ruling: “Separate but equal” is inherently unequal in education.

• Impact: Overturned Plessy v. Ferguson; desegregated public schools.

Baker v. Carr (1962)

• Facts: NC created oddly-shaped, majority-minority districts.

• Principle: Equal Protection Clause (14th Amendment)

• Ruling: Racial gerrymandering must meet strict scrutiny; race can’t dominate redistricting.

• Impact: Limited use of race in congressional redistricting.

Shaw v. Reno (1993)

Citizens United v. FEC (2010)

• Facts: FEC limited corporate funding of political broadcasts; Citizens United sued to air Hillary: The Movie.

• Principle: Freedom of Speech (1st Amendment)

• Ruling: Corporations and unions can spend unlimited money on independent political ads.

• Impact: Gave rise to Super PACs; drastically changed campaign finance.

Free Speech

• Tinker v. Des Moines: Strengthens free speech in schools (symbolic speech protected).

• Schenck v. United States: Limits speech during wartime (“clear and present danger” test).

• Citizens United v. FEC: Expands speech to include political spending by corporations.

🧩 Connection: Tinker protects individual speech → Schenck shows limits → Citizens United expands it to corporate spending. All interpret 1st Amendment: Free Speech.

Freedom of Religion

• Engel v. Vitale: Strengthens the Establishment Clause — gov can’t sponsor prayer.

• Wisconsin v. Yoder: Strengthens the Free Exercise Clause — protects religious practice.

🧩 Connection: Both cases involve religion in education but apply different parts of the 1st Amendment.

Freedom of the Press

New York Times v. U.S.: Strengthens Freedom of the Press — limits on government censorship (prior restraint).

Equal Protection Clause (14th)

• Brown v. Board of Education: Ends segregation; landmark equal protection case.

• Baker v. Carr: Malapportionment violates equal protection; court can review redistricting.

• Shaw v. Reno: Racial gerrymandering violates equal protection.

🧩 Connection: All interpret the Equal Protection Clause to protect minority rights or voting equality.

Due Process Clause / Selective Incorporation

• ideon v. Wainwright: Incorporates 6th Amendment (right to counsel).

• McDonald v. Chicago: Incorporates 2nd Amendment (bear arms).

• Roe v. Wade: Uses due process to establish a right to privacy.

• Wisconsin v. Yoder: Balances due process (liberty) with state education interest.

Federalism & the Commerce Clause

• McCulloch v. Maryland: Expands federal power using Necessary & Proper Clause and Supremacy Clause.

• U.S. v. Lopez: Limits federal power under the Commerce Clause.

🧩 Connection: McCulloch expands → Lopez restricts. They define the boundaries of federal vs. state power.