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This document outlines the responsibilities of the two-part Congress, which includes the House of Representatives and the Senate.

Every 10 years, Congress must conduct a population count (Census). Based on the Census results, they must redistribute the seats in the House because the number of House members (435) has not increased since the 1930s. States then use the number of Congressional districts they are assigned to redraw district lines, which often leads to gerrymandering (drawing district lines to favor one party).

Court Cases on Redistricting and Gerrymandering:

• Baker v Carr (1962): Tennessee had not redrawn its district lines for decades, resulting in rural districts having more representation than urban districts. The Supreme Court (SC) ruled that it COULD address political questions like gerrymandering, opening the door for gerrymandering lawsuits.
• Wesberry v Sanders (1964): The SC invalidated unequal congressional districts, stating that all legislative districts must have roughly equal populations. This is known as the principle of 'one person, one vote.'
• Shaw v Reno (1993): North Carolina residents challenged redistricting that created majority-minority districts (districts with a majority of minority race residents). The SC stated that race could be a factor in creating districts but not the only factor.
• Lamone v Benisek (2019): The Court decided it could not rule on the case because gerrymandering is a political issue, not a legal one, reversing part of the Baker v Carr decision. This means unhappiness about district shapes must be addressed through state legislatures or a constitutional amendment, not the courts.

Other Important Points:

• Dred Scott v Sandford (1856): The Missouri Compromise was ruled unconstitutional, and slaves were declared not citizens but property. This limited federal power by saying Congress couldn't prohibit slavery in territories.
• Federalist 10:
  • Factions (groups with specific interests) are unavoidable.
  • A large republic is the best way to handle factions.
  • The Constitution protects against one faction gaining complete control through checks and balances and separation of powers.
• Federalist 51:
  • Power is divided among three government branches.
  • Power is divided between national and state governments.
  • Checks and balances prevent power from becoming too centralized.
• Enumerated Powers: These are powers specifically given to Congress (Article I Section 8), including the right to tax, declare war, regulate commerce, and create laws.
  • Commerce Clause (Article I, §8, clause 3): Congress can regulate trade between nations, states, and Indian tribes.
  • U.S. v. Lopez (1995): The Gun-Free School Zones Act was found to exceed Congress’s authority under the Commerce Clause, limiting the clause's power.
• Brutus 1:
  • The Constitution gives too much power to the central government through the Necessary and Proper Clause and the Supremacy Clause.
  • This could eliminate State Governments.
  • A standing army in peacetime threatens liberty.
  • Giving up power makes it very difficult to get it back without force.
• Implied Powers: Congress can make laws "necessary and proper" for the country's maintenance. This is known as the elastic clause because it stretches to meet the country's changing needs.
  Translation: Congress has powers not listed in the Constitution if they're needed to carry out its listed powers.
• Denied Powers:
  • Habeas Corpus: You must be told why you're jailed and given a speedy trial, except during rebellion when this can be suspended.
  • Bill of Attainder: Congress can’t punish someone without a trial.
  • Ex post facto: Congress can’t punish someone for something that wasn’t a crime when they did it.
• Article II: Executive Branch: This defines the President's powers, including Commander-in-Chief, reporting to Congress, making treaties, and appointing officials with Senate approval. The President must also ensure laws are faithfully executed, implying additional powers not specifically listed.
  • Executive Orders and Executive Privilege are examples of implied powers.
  • Executive privilege allows the executive branch to sometimes ignore subpoenas from the legislature or judiciary to protect candid advice from aides.
  • U.S. v. Nixon (1974): Affirmed executive privilege isn't absolute, especially in criminal cases.
• Why Can’t a Sitting President Be Indicted/Prosecuted?: It would violate the separation of powers.
• Clinton v. NY (1998): Banned presidential use of line-item veto.
• Federalist 70: Focuses on unity in the executive branch to avoid conflicts and ensure accountability.
• Article III: Judicial Branch: This establishes the Supreme Court and its authority. Congress can create lower courts.
  • The Judiciary Act of 1789 established the number of justices, district courts, and courts of appeal.
  • Federalist 78: Affirms judicial review, ensuring judges act properly with lifetime terms to protect them from political pressure.
  • Marbury v. Madison (1803): Established judicial review.
• Article IV: Federalism: Defines the relationship between states and the federal government.
  • States must recognize other states' acts and cannot discriminate against other states' citizens.
  • Accused persons fleeing to another state must be returned.
• Article V: Amendment Process: Defines how to change the Constitution, requiring a two-thirds vote in Congress and three-quarters ratification by the states.
• Article VI: Supremacy Clause: National law is supreme over state law.
  • McCulloch v. Maryland (1819): Established national supremacy and implied powers.
• Selected Amendments (Bill of Rights):
  • 1st Amendment:
    • Establishment Clause: Congress can't establish an official religion.
      • Engel v. Vitale (1962): Prohibited state-sponsored prayer in public schools.
    • Free Exercise Clause: Congress can't prevent religious practices.
      • Lemon v. Kurtzman (1971): Established the Lemon Test for Establishment Clause violations.
      • Wisconsin v. Yoder (1972): Upheld Amish rights to not attend school beyond eighth grade.
    • Expression/Speech:
      • Schenck v. U.S. (1919): Established the “clear and present danger” test, limiting speech during wartime.
      • Texas v. Johnson (1989): Protected flag burning as symbolic speech.
      • Tinker v. Des Moines (1969): Protected symbolic expression in schools.
    • Free Press:
      • New York Times v. United States (1971): Banned prior restraint, allowing publication of the Pentagon Papers.
    • Peaceably Assemble/Protest:
      • Buckley v. Valeo (1976): Protected campaign spending as free speech, but limited contributions.
      • Citizens United v. FEC (2010): Allowed corporations and PACs to spend unlimited money on campaigns.
• 2nd Amendment: Right to bear arms.
  • DC v. Heller (2009): Struck down a handgun ban in Washington, D.C.
  • McDonald v. Chicago (2010): Struck down handgun bans in states and municipalities.
• 4th Amendment: Protection against unreasonable search and seizure.
  • Mapp v. Ohio (1961): Established the exclusionary rule.
  • New Jersey vs T.L.O. (1985): Schools can search with reasonable suspicion.
• 5th Amendment: Rights of the accused (Don’t get Charged Without Due process Ever - DCWDE).
  • Miranda v. AZ (1966): Established Miranda warnings.
  • Korematsu v United States (1944): Upheld internment of Japanese Americans during WWII as a safety measure.
• 6th Amendment: Rights in criminal cases (Speedy Trial with Jury of Your Peers; Attorney; Witnesses - SAW).
  • Gideon v. Wainwright (1963): Ordered states to provide lawyers in criminal proceedings.
• 8th Amendment: Protection against cruel and unusual punishment.
• 9th Amendment: Rights not listed are still protected.
  • Griswold v. Connecticut (1965): Established a right to privacy.
  • Roe v. Wade (1973): Established abortion guidelines based on privacy.
  • Planned Parenthood v. Casey (1992): Allowed states to regulate abortion without undue burden.
• 10th Amendment: Powers not explicitly stated are reserved to the states.
• Civil War Amendments:
  • 13th Amendment: Abolished slavery.
  • 14th Amendment: Guarantees citizenship and equal protection.
    • Gitlow v. New York (1925):