Founding Documents
Explain the main contents Federalist 51.
Checks and balances; separation of powers.
Explain the ruling of McCulloch v Maryland.
Federal bank is necessary and proper, states cant regulate federal banks
Which case struck down sanctioned prayer in school (over PA systems)?
Engel v Vitale
The Texas law in the Roe v. Wade violated which amendment/right?
Fourteenth Amendment (Due Process Clause), “right to privacy”
Which case ruled for the idea of “one man, one vote”?
Baker v Carr
Give 5 reasons why the Articles of Confederation failed.
Each state has one vote in Congress (no matter the size), Congress didn’t have the power to tax and regulate foreign and interstate commerce, no executive branch in place to enforce acts made by Congress, no national court/judiciary branch, amendments to the Articles required a unanimous vote, laws required a 9/13 majority to pass, states could enforce taxes on other states’ goods.
Explain the result of John Marshall's ruling in Marbury v. Madison and what act was involved.
The Judiciary Act of 1789 was unconstitutional, established judicial review.
Three students were suspended for wearing black armbands to protest the Vietnam War. In what case and why did the SCOTUS rule the suspension was unconstitutional under the First Amendment?
Tinker v. De Moines; Symbolic speech! Freedom of speech does not stop at the school gates.
What was the ruling of Brown I and how did this ruling change in the Brown II trial?
Brown I: SCOTUS upheld “separate but equal” violated the Equal Protection Clause; Brown II: “with all deliberate speed”, the Court tried to create a more local solution where schools should integrate but not immediately
What was the initial Texas law in US v Lopez, and how did Congress interfere?
The initial Texas law said no firearms were allowed within 1,000 ft of a school. Congress tried to trump the law, but it did not affect interstate commerce, so the SCOTUS ruled Congress overstepped and their law was unconstitutional.
The Founding Fathers laid out their grievances against King George III when creating the Declaration of Independence. List 3 of those grievances.
Taxation without representation, king had absolute power, no fair trial, colonists were not allowed to speak against the king, wrongful treatment of the people, Intolerable Acts, not allowed to expand further into the US, quartering large numbers of soldiers,
Hamilton claims that the judicial branch is the weakest among the three branches of government, what are his arguments in Federalist 78 to support that statement?
The executive branch has the “sword” (commander in chief of military) and the legislative has the “purse” (approves all the tax and spending measures of the national government). The judiciary doesn’t have force or will, only judgment.
Government censorship is a very difficult issue to enforce. Explain under what circumstances the government can violate the freedom of speech/press. What did the SCOTUS rule in the case of New York Times v US?
“Clear and present danger”, ruled in favor of the NYT.
Based on the ruling of Shaw v Reno, which redistricting would violate the Equal Protection Clause: a district created to be majority Republicans voters, majority Hispanic voters, or majority middle class voters?
Majority Hispanic voters
Based on the ruling in Wisconsin v Yoder, which is the SCOTUS most likely to view as a Free Exercise Clause issue: a school puts up only a Christmas tree/decoration; parents refuse to vaccinate their child, claiming it violates their religious practices; a school blocking a student’s art piece depicting the Crucifixion ?
parents refuse to vaccinate their child, claiming it violates their religious practices
List the first 10 amendments in the US Constitution.
1: Freedom of speech, press, petition, assembly, etc., 2: Right to bear arms, 3: Quartering, 4: Search and seizure, 5: Self-incrimination, 6: Right to a speedy trial and to be represented without pay, 7: Right to a jury, 8: Cruel and unusual punishment, 9: People’s rights are protected (including ones not mentioned), 10: States’ rights
Explain the ruling and the distinction between State and Federal courts in the case of Gideon v Wainwright.
Ruled lawyers need to be provided for the impoverished, state governments have to provide a lawyer, not the federal government.
In the ruling of Citizens United v. FEC, why was Citizens United allowed to create the movie in the run up to an election?
The Supreme Court said that as long as the corporation was not directly communicating with a candidate’s campaign, they were allowed to create this under the notion of the first amendment.
How did the case of McDonald v. Chicago rise to the Supreme Court?
Otis McDonald filed a suit challenging a Chicago law that banned the registration of a handgun and registration became a prerequisite to own a firearm. The next day, the NRA filed separate lawsuits challenging the Chicago law and an Oak Park, Il law that prohibited the possession or carrying of handguns and other firearms except rifles or shotguns in one’s home or place of business. Each suit alleged that the law violated the right of individuals to possess and carry weapons, which the Supreme Court had found to be protected by the Second Amendment in DC v. Heller. The district court dismissed the suit and the U.S. Court of Appeals in the Seventh Circuit ruled in favor of Chicago. When the Supreme Court took the case, they reversed the appellate court’s decision, saying that Second Amendment rights extend to state and local levels.
Brutus 1 argues that a representative democracy couldn’t possibly work in a large country. Explain this argument.
The author said people’s views would be inaccurately represented. America was an expanding country and with more and more people coming over, the country’s values would change. The majority of the people’s views wouldn’t be heard in the government.
Many people thought the executive branch should be a small group with shared powers, but Alexander Hamilton disagreed in Federalist 70. Explain his reasoning.
Having a single person in the executive branch would make it easier for the people to hold the president accountable.
Which section of Article 3 says that in all cases except for impeachment, the trial will be by jury and in the state where the crime was committed. If someone is tried without a jury or within the state, the case will be heard by a different congressional court.
Section 2
Explain the events leading up to the court case of Schneck v US. What act was involved?
Charles Schneck and Elizabeth Baer were anti-war activists and mailed 15,000 fliers urging men to peacefully resist the military draft for WWI. They thought the draft violated the 13th Amendment. Schneck and Baer were convicted under the Espionage Act of 1917 for interfering with military recruitment. They applied to the Supreme Court that the act violated their freedom of speech. The Court ruled in favor of the US.
Explain the meaning of this quote from Letter from a Birmingham Jail: "But again I am thankful to God that some noble souls from the ranks of organized religion have broken loose from the paralyzing chains of conformity and joined us as active partners in the struggle for freedom."
King is thanking those who were living normal and safe lives to fight for racial equality. He knows that these people walked in protest along him and his community and suffered the same punishments as people of color did at these protests.
Critics of the Constitution argued that the federal government that was being proposed was too large and would be unresponsive to the people. How did Madison counteract this argument in Federalist 10?
Madison said that it was exactly the great number of factions and diversity that would avoid tyranny. Groups would be forced to negotiate and compromise among themselves, arriving at solutions that would respect the rights of minorities. Further, he argued that the large size of the country would actually make it more difficult for factions to gain control over others.