Declaration of Independence
fuck King George/tyranny; life liberty & the pursuit of happiness; rule with the consent of the governed
Fed 10
fact10ns will cancel each other out as more are formed, thus the constitution should be ratified (a federalist view)
Brutus #1
fear of tyranny, confederated gov > republican gov, thus the constitution should not be ratified (an antifederalist view)
Articles of Confederation
Preceded Constiution, state power >>> federal power, created a confederation, not a republic
Constitution
established a republic, 3 branches, federal power > state power
Fed 51
cynical view of men, separation of power, federalism, checks & balances
McCulloch v Maryland
McBank, Maryland tried taxing federal bank in its borders, federalism, necessary and proper clause, supremacy clause, in this case: federal power > state power
US v Lopez
Texas student charged felony for bringing gun to school, federalism, stretching commerce clause, in this case, federal power not absolute < state power
Baker v Carr
rural bakers in Tennessee’s votes were disproportionately equal to the higher population urban car drivers, redistricting, one person one vote doctrine, got Supreme Court involved in political questions
Shaw v Reno
“Shaw sounds black” - Travis, racial gerrymandering to get black representatives in North Carolina, colorblind interpretation + dangerous precedent, unconstitutional
Fed 70
promoted a powerful and singular president, argued it would not lead to tyranny, energetic president is needed to contrast congress’s slow pace
Fed 78
promoted lifetime tenure of Supreme Court justices, no worries of elections = beyond politics, judicial review protects the people
Marbury v Madison
Mayor Marbury, established judicial review
Engel v Vitale
school prayer to the angels, separation of church and state, 1st + 14th amendment (school is a state issue), unconstitutional
Winsconsin v Yoder
Winsconsin = boring cheese farming state, amish don’t wanna go to compulsory high school, 1st amendment’s protection of free exercise of religion, unconstitutional
Tinker v Des Moines
protested Vietnam War at school with armbands, suspended, 1st amendment’s protection of free speech, unconstitutional
Schneck v US
snake badge, dramatic pamphlets protesting against WW1 draft, arrested under espionage act, free speech is not absolute if incites “clear and present danger”, unconstitutional
New York Times v US
NY Times try publishing leaked Pentagon Papers, Nixon stops this via prior restraint, freedom of the press, unconstitutional
McDonald v Chicago
McDonald wants a gun to survive O Block, Chicago has restrictive gun laws, selective incorporation of 2nd amendment, due process clause of 14th amendment, unconstitutional
Gideon v Wainwright
Wainw-right to an attorney, was denied it, 6th amendment, selective incorporation of 14th amendment, unconstitutional
Letter from Birmingham Jail
equal protection clause of 14th amendment, civil rights movement, impatience to be granted rights, condemns white moderates
Brown v Board of Education
equal protection clause of 14th amendement, racial segregation in schools, separate but equal doctrine, led to inferiority complex, unconstitutional
Citizens United v FEC
Citizen United Productions, Hillary Clinton movie, Bipartisan Campaign Finance Act limited free speech of corporations, unconstitutional led to unlimited spending on political campaigns