SCOTUS & Foundational Documents (AP US Govt)

Federalist (No.) 10

Argued that more liberties will lead to more factions and fewer opportunities for one faction to rule democratically and tyrannically by majority. More factions lead to a representative democracy, diversified political views, and pluralism. Supports a Constitutional bicameral legislature & federalism that promotes unalienable rights for citizens.

Brutus (No.) 1

Anti-Federalist paper that argued that the “Supremacy Clause” and “Necessary and Proper Clause” of Constitution centralized too much power on federal government, taking power away from state govts (obtainment of taxes). Worried about federal govt becoming like English monarchy.

The Declaration of Independence

Declared US ideals of natural rights by God (Life, Liberty, Pursuit of Happiness (property)), (social contract) people’s right to abolish despotic & abusive government, and defamed the British King against 13 colonies via grievances (no govt aid, no legislation agreement, harassment, standing armies, imposed taxes, and no assent to demands)

The Articles of Confederation

First US-drafted Constitution: Placed majority of power (sovereignty, freedom, independence, and jurisdiction) within states unless delegating power to national govt, “league of friendship” where states protected each other, and national govt couldn’t collect taxes, regulate trade, or enforce laws. (9-13 states needed for new laws & unanimous approval for amendments)

The U.S. Constitution

Supreme law of US that establishes federal govt. framework and relationship with states and citizens. Embodies democratic principles and outlines govt structure (branches) & amendments for individual rights.

Bill of Rights

First 10 Amendments of Constitution that guarantee individual Freedoms (religion, speech, assembly, faith, privacy at home, equal rights) and due process

Federalists (No. 51)

Advocates separation of powers of national govt. via checks and balances to avoid individual branches from becoming too powerful. Further argues for power to be divided between national and state government.

Letter from Birmingham Jail

Letter by MLK that advocated nonviolent disobedience against racial injustice against white clergymen, emphasizing moral responsibility to oppose unjust law and the necessity of civil rights reforms rather than waiting for justice. (Used 1st Amendment, right of assembly)

Federalist (No. 70)

Argues necessity of single executive govt as it brings energy of one person to lead the people, fewer community divisions, and safety in singular accountability of executive branch for blaming.

Federalist (No. 78)

Argues for judicial review being a necessity of Judicial branch, judiciary being independent and acting as protector individual rights against legislative and executive branches, and that judges have permanent tenure to avoid power abuse

McCulloch v. Maryland (1819)

Background: National bank taxed by state bank, Issue: Congress having authority to commission bank and if Maryland had authority to tax bank in borders, Ruling: Necessity and Proper Clause for bank to be established, no taxation due to Supremacy Clause, Impact: foundation of implied powers, strengthened federal govt power, and limited state govt. interference with national govt. (Mc)

United States v. Lopez (1995)

Background: Student brought concealed weapon to school and charged under Gun-Free School Zones Act, Issue: Congress overstepping authority, Ruling: Congress passed unconstitutional GFSZ, Impact: Affirmed states’ rights & limited federal govt. power (L)

Engel v. Vitale (1962)

Background: NY school implementation of voluntary prayer, Issue: prayer violating Establishment Clause (Prohibiting govt. establishing religion) , Ruling: Violated First Amendment regardless of govt. sponsor, Impact: Groundwork for future school vs religious events, reinforcing no state and church interaction (E)

Wisconsin v. Yoder (1972)

Background: Amish families not sending children to school past 8th grade due to religion, state says 16 years minimum education, Issue: State violating Free Exercise Clause (freedom to practice religion) and extent state override 1st Amendment, Ruling: Exercise of religion prioritized over state, Impact: Establish basis between religion and state interest, and Homeschool Movement popularized (Y)

Tinker v. Des Moines (1969)

Background: Student suspension of black armbands protesting Vietnam War, Issue: Prohibiting of arm bands violates student free speech (1st amendment), Ruling: Favoring students as arm bands are form of personal views expressed and schools cannot ignore Constitutional rights, Impact: Students freely allowed to wear symbols, no unreasonable limit on freedom of expression, set parameters for free speech at school (T)

New York Times v. US (1971)

Background: Government blocking publication of classified Pentagon Paper, Issue: Was govt.’s attempt to prevent publications violate 1st Amendment (Freedom of Press), Ruling: Favoring newspapers, right to publication, and no limitation of freedom (except wars), Impact: Congress can punish leakers and publications but cannot limit it unless in a war & reaffirmed limiting Govt’s expression restriction (N)

Schenk v. United States (1919)

Background: Socialist activists of anti-draft pamphlets passed during WWI, Issue: Did pamphlet violate Espionage Act(info harming U.S.) or did Govt. violate 1st Amendment, Ruling: 1st Amendment speech not violated as it was not protesting but active encouragement, Impact: Creation of Clear and Present Danger Test to assess free speech and if it was constitutional and if there was a clear and present danger (U)

Gideon v. Wainwright (1963)

Background: Denying of lawyer during Florida trial by state as lawyer only permitted during death penalty, Issue: 6th Amendment right to counsel extend to state court defendants regardless of death penalty?, Ruling: Lawyer necessitated to give fair trial, thus 6th Amendment applicable to states via 14th Amendment (states cannot infringe of citizen liberties), Impact: Guaranteed right to attorney to indigents both state and federal only for felonies, free legal counsel for imprisoned misdemeanors (G)

McDonald v. Chicago (2010)

Background: Handgun ban challenged following District of Columbia v. Heller as DOC was considered federal govt property, Issue: 2nd Amendment to bear arms applicable to state and local govts. via 14th Amendment (no infringement of citizen rights), Ruling: 2nd Amendment is Constitutional and is fundamental via 14th Amendment, Impact: Local/State govt. can’t restrict 2nd Amendment & sets precedent for gun bans for felons (M)

Brown v. Board of Education (1954)

Background: Segregation of African American students to white public schools, Issue: Does segregation violate Equal Protection Clause of 14th Amendment (protection of citizen rights), Ruling: Segregation violated Equal Protection Clause, Impact: Ruling to remove “Separate but equal” act and began desegregation (Br)

Citizens United v. Federal Election Commission (2010)

Background: Company intends to air film critical of Hillary Clinton which conflicted with corps banned from spending on campaigns (Political Action Committees only for employees), Issue: Should law limit corps & labor unions from spending money for elections? (Freedom of Speech in question), Ruling: Corporation spending on politics is protected speech, Impact: Greater PACS & more campaign financing (C)

Baker v. Carr (1962)

Background: Tennessee not updating legislative districts: rural counties accounted for more votes than urban counties which had bigger populations, Issue: Do federal courts have power to decide cases about population proportionality for state legislative districts, Ruling: Yes, federal courts have power to decide population proportionality as unequal representation violated Equal Protection Clause (14th Amendment, equal protection of laws for citizens), Impact: Residents could prove unbalanced districts were unconstitutional (B)

Shaw v. Reno (1993)

Background: North Carolina redistricting by race, Issue: Was North Carolina resident’s claims over discrimination via gerrymandering a valid constitutional issue under 14th Amendment’s Equal Protection Clause (protection of citizen rights), Ruling: Favoring North Carolina residents; unconstitutional gerrymaking as set precedent for segregation, Impact: Sets precedent for racial gerrymandering & that voting districts can’t be based on race (S)

Marbury v. Madison (1803)

Background: Judicial appointment not delivered to judges due to new executive branch’s political party, Issue: Does judge have right to commission and suing of federal govt? & if Supreme Court can order commission delivery , Ruling: No as Judicary Act 1789 conflicted with Constitution, giving Supreme Court too much power, Impact: Establish judicial review of laws, sets precedent of judicial branch being equal to other govt. branches, and striking down of Judiciary Act 1789. (Mad)