Required Foundational Documents & SCOTUS CASES UNIT 2:

Required Foundational Documents

The Constitution

The Constitution of the United States is the supreme law of the land, outlining the framework for the federal government and its relationship with the states and citizens. It established the three branches of government: Executive, Legislative, and Judicial, as well as the principles of federalism and the separation of powers.

• Example: The Constitution outlines the powers of the legislative branch in Article I, the executive branch in Article II, and the judicial branch in Article III.

Federalist 51

Written by James Madison, Federalist 51 explains the necessity of checks and balances in the U.S. government. Madison argues that the separation of powers and a system of checks and balances are essential to prevent any one branch from gaining too much power.

• Example: “Ambition must be made to counteract ambition” is a key phrase from Federalist 51, emphasizing the importance of the branches of government keeping each other in check.

Federalist 70

In Federalist 70, Alexander Hamilton advocates for a strong, energetic executive. He argues that a single executive (as opposed to a plural executive) is necessary for effective leadership, accountability, and decision-making.

• Example: Hamilton writes that a "vigorous" executive is essential for the protection of the nation and the enforcement of laws, ensuring the proper functioning of government.

Federalist 78

Written by Alexander Hamilton, Federalist 78 discusses the judiciary's role in the new government, advocating for an independent judiciary that can review laws and ensure they align with the Constitution. It supports the idea of lifetime appointments for judges to prevent political pressure.

• Example: Hamilton argues that the judiciary is the "least dangerous" branch, as it does not have the power of the purse (Congress) or the sword (Executive), but instead can only declare laws unconstitutional.

Congress

The Constitution - Article I

Article I of the Constitution establishes the legislative branch (Congress), outlining its structure, powers, and duties. It creates a bicameral legislature with the House of Representatives and the Senate.

• Example: Article I, Section 8 grants Congress the power to collect taxes, declare war, and regulate commerce.

17th Amendment

The 17th Amendment, ratified in 1913, changed the way senators were selected. It established the direct election of senators by the people, rather than appointment by state legislatures.

• Example: Prior to the 17th Amendment, senators were selected by state legislatures, but after its ratification, citizens began directly electing their senators.

Federalist 51 (Congress)

Federalist 51 also addresses the legislative branch, emphasizing the importance of checks and balances. Madison argues that the legislature should be divided (into the House and Senate) to prevent any one part from becoming too powerful.

• Example: Madison explains that the division between the two houses of Congress (the House and Senate) is a safeguard against the tyranny of the majority.

POTUS (President of the United States)

The Constitution - Article II

Article II of the Constitution defines the executive branch, outlining the powers, duties, and qualifications of the President and Vice President.

• Example: Article II grants the President the authority to command the military, make treaties (with Senate approval), and appoint federal officers, including judges.

22nd Amendment

The 22nd Amendment, ratified in 1951, limits the number of terms a president can serve to two. It was enacted after Franklin D. Roosevelt’s four terms in office.

• Example: The 22nd Amendment restricts a president to two terms, ensuring no individual can hold the office for an extended period.

25th Amendment

The 25th Amendment, ratified in 1967, outlines the procedures for presidential succession in case of incapacity, death, or resignation. It also provides a process for filling a vacancy in the vice presidency.

• Example: The 25th Amendment allows the Vice President to become President if the sitting President is unable to fulfill their duties, and it also provides a process for the appointment of a new Vice President.

Federalist 70 (POTUS)

Federalist 70 emphasizes the importance of a strong and energetic executive, advocating for a single president who can act decisively and with accountability, as opposed to a plural executive.

• Example: Hamilton argues that having a single president leads to more effective governance, as it avoids the confusion and inefficiency that could arise from multiple people sharing executive power.

SCOTUS (Supreme Court of the United States)

The Constitution - Article III

Article III of the Constitution establishes the judicial branch, creating the Supreme Court and other inferior courts. It outlines the jurisdiction and authority of the courts, including judicial review.

• Example: Article III grants the Supreme Court original jurisdiction in cases involving ambassadors and states, while it has appellate jurisdiction in other cases.

Federalist 78 (SCOTUS)

In Federalist 78, Hamilton discusses the role of the judiciary in protecting individual rights and ensuring the Constitution remains the supreme law. He argues that judicial review is essential for maintaining the rule of law.

• Example: Hamilton writes that the courts have the responsibility to strike down laws that violate the Constitution, thus protecting citizens from unconstitutional laws.

Required SCOTUS Cases

Baker v. Carr (1961)

In Baker v. Carr, the Supreme Court ruled that federal courts could intervene in and decide redistricting cases, establishing the principle of "one person, one vote." The case concerned the failure of Tennessee to reapportion districts in accordance with population shifts.

• Example: The Court held that the issue of legislative apportionment was justiciable, meaning courts could review cases related to the fairness of district boundaries.

Shaw v. Reno (1993)

In Shaw v. Reno, the Supreme Court ruled that redistricting based solely on race (to ensure minority representation) could violate the Equal Protection Clause of the 14th Amendment if the districts were drawn in bizarre shapes that could be seen as racial gerrymandering.

• Example: The Court found that North Carolina’s congressional district plan, which created a racially gerrymandered district, was unconstitutional because it was drawn primarily based on race without sufficient justification.

Marbury v. Madison (1803)

In Marbury v. Madison, the Supreme Court established the principle of judicial review, which gives the Court the power to strike down laws and executive actions that violate the Constitution. The case arose when William Marbury sued for his commission as a justice of the peace, which had been withheld by President Jefferson’s administration.

• Example: Chief Justice John Marshall declared that the judiciary had the authority to review and invalidate unconstitutional acts, asserting the Court’s role as the final arbiter of constitutional interpretation.

These documents and cases form the foundation of American government, shaping the balance of power between the branches and ensuring the protection of individual rights.