Foundational Documents & Cases

Document

Main Point 1

Main Point 2

Main Point 3

Declaration of Independence

When a government becomes oppressive or unresponsive to the people, they have a right to overthrow it.

People have certain Inalienable Rights including Life, Liberty and Pursuit of Happiness.

All Men are created equal.

Articles of Confederation

The union was based on protection (common defense). There must be unanimous agreement to make changes to it.

There was only a legislative branch and it was weak (no enforcement of laws or interpretation of them).

State governments retained more power than the national government.

U.S. Constitution

Created federalism (states and national government powers) with supremacy of the national government.

Allowed for flexibility with an amending process.

It established separation of powers (3 branches of government) with checks and balances.

Federalist #10

Federalism and elections in a large republic can help control factions.

Property must be protected but also causes factions.

Factions are present in both large and small republics because they promote democratic ideals. Factions are better controlled in large republics.

Brutus #1

The necessary and proper clause and supremacy clause gave the national government too much power.

Concerned that the Constitution created too large of a republic to govern and wouldn’t be able to control factions.

Taxation is the most important power. Paying national taxes leaves little money and power to the states.

Federalist #51

Separation of powers and checks and balances can keep the new government from being too strong.

A bicameral legislature can keep each other in check.

Federalism is an example of checks and balances; keeps the national government in check.

Federalist #70

One person to lead the executive branch is best to make quick decisions and prevent divisiveness.

Energy is needed for a strong executive branch.

The executive’s energy balances the legislative’s deliberation.

Federalist #78

The power of judicial review makes sure laws and government actions are constitutional.  

Life tenure of judges prevents influence of other branches (makes this branch safe).

Precedent ensures consistency of law.

Letter From a Birmingham Jail

There are just and unjust laws (they fit with morality).

Injustice is a threat to justice everywhere.

Nonviolent protest is preferred but people become violent when they are ignored.

McCulloch v. Maryland (1819)

Maryland tried to tax a branch of the Bank of the United States (BUS) in their state, but the BUS refused to pay the tax.

1). Can a state tax the national government?

2). Can the national government create a bank?

Upheld McCulloch because they deemed the bank necessary and proper, and the supremacy clause gave the national government power over the states.

This extended Congress’s power using the necessary and proper clause.

United States v. Lopez (1995

A student carried a concealed weapon into a Texas school. The federal government charged him under Congress’s Gun Free School Zones Act.

1). Was the Gun Free School Zones Act legal under the Commerce Clause?

Upheld Lopez because the act could not exist as a violation under the Commerce Clause. Congress overreached with its powers.

This affirmed that states have control over local issues like guns on school grounds and preserved federalism. (reserved state powers)

Marbury v. Madison (1803) 

Outgoing President Adams appointed Marbury as a judge. Incoming President Jefferson told Secretary Madison not to deliver the judgeship commission.

1). Was Marbury entitled to his job?

2). If so, could the Supreme Court give it to him?

Upheld Marbury, saying that he should get his job. But the Supreme Court could not force Jefferson to give him it.

This case established judicial review, the power of the Supreme Court to determine if congressional and presidential actions are unconstitutional.

Tinker v. Des Moines (1969) 

Students wore black armbands to school in protest of the Vietnam War and were suspended.

1st Amendment freedom of speech issue (expression)

Upheld Tinkers because their armbands did not disrupt learning.

Symbolic speech is allowed at school as long as it does not disrupt the school’s purpose.

New York Times Company v. United States (1971)

Nixon’s administration tried to prevent publication of classified Vietnam activities.

1st Amendment freedom of the press issue (prior restraint)

Upheld New York Times Co., because the information was not harmful, the government simply did not like it

Prior restraint can only be used when there is a threat to the safety of Americans.

Schenck v. United States (1919)

Americans were encouraged to refuse the draft during World War 1. The protester was arrested, found guilty, and imprisoned.

1st Amendment freedom of speech issue

Upheld the United States because they were able to prove that Schenck’s speech was a clear and present danger (caused fear)

The draft was protected. National powers are extended during times of war (when speech is opposing the purpose of government).

Engel v. Vitale (1962)

The NY School System had a voluntary prayer at the start of the school day.

1st Amendment Establishment Clause issue

Upheld Engel because there was no separation between the church and state, and it looked like the school was endorsing religion.

Public schools cannot offer a voluntary school prayer.

Wisconsin v. Yoder (1972)

A parent was prosecuted under state law for not making their children attend school until the age of 16.

1st Amendment Free Exercise Clause issue

Upheld Yoder because there is no injury to students by taking them out of school early.

States cannot interfere with the free exercise of religion unless there is proof of “injury”.

Citizens United v. FEC (2010)

An interest group made a movie opposing Hiliary Clinton.They were told it was illegal under election laws.

1st Amendment free speech issue

Upheld Citizens United because groups have free speech just like individuals.

Interest groups can fund political speech.

McDonald v. Chicago (2010)

A retired janitor was told he couldn’t purchase a handgun because of a local law.

2nd Amendment right to bear arms issue

Upheld McDonald because the 14th Amendment applies to the states (selective incorporation)

States cannot ban the 2nd amendment right.

Gideon v. Wainwright (1963)

The accused was refused legal representation because in Florida it was only allowed in death penalty cases.

6th Amendment right to an attorney issue

Upheld Gideon because the 14th Amendment gave due process rights and Gideon did not receive them.

Public defenders must be given to felony defendants in states.

Brown v. Board of Education of Topeka, Kansas (1954)

A student was denied acceptance into a white school closer to her home.

14th Amendment Equal Protection Clause issue

Upheld Brown because segregated schools created a sense of inferiority.

Segregated schools were outlawed.

Shaw v. Reno (1993) 

The national government did not approve NC voting districts where 2 were a black majority. A citizen claimed the districts were racial gerrymandering.

14th Amendment Equal Protection Clause issue

Upheld Shaw because racial gerrymandering was a form of segregation and segregated the black majority from the rest of the population.

Race cannot be the only factor in drawing voting districts.

Baker v. Carr (1962)

Tennessee had not redistricted since 1901 so district populations were ot equally represented in the state.

14th Amendment Equal Protection Clause issue

Upheld Baked because he used the 14th Amendment’s Equal Protection Clause to claim that the voting districts were unequal.

Legislative districts must be drawn equally to weigh each person’s vote the same.