Foundational Documents
This document established the principle of popular sovereignty but lacked enforcement power over the states.
What are the Articles of Confederation?
Federalist No. 10 argues that factions are best controlled by this structural feature.
What is a large republic?
This case established judicial review.
What is Marbury v. Madison?
This case overturned “separate but equal” in public education.
What is Brown v. Board of Education?
This case protected publication of classified documents under prior restraint doctrine.
What is New York Times Co. v. United States?
This Enlightenment thinker’s idea that government derives authority from consent directly influenced Jefferson’s writing.
Who is John Locke?
Brutus No. 1 warned that this clause would lead to unlimited national power.
What is the Necessary and Proper Clause?
This case upheld implied powers and denied states the ability to tax federal institutions.
What is McCulloch v. Maryland?
This case required states to provide attorneys to defendants in criminal cases.
What is Gideon v. Wainwright?
The legal doctrine preventing government censorship before publication is called this.
What is prior restraint?
The specific grievance in the Declaration that criticizes the king for dissolving colonial legislatures reflects this principle.
What is representative government
Federalist No. 51’s phrase “ambition must be made to counteract ambition” refers to this principle.
What is checks and balances?
This case established the “clear and present danger” test.
What is Schenck v. United States?
This case protected student symbolic speech unless it disrupts learning.
What is Tinker v. Des Moines?
This case established limits on speech during wartime using dangerous speech doctrine.
What is Schenck v. United States?
This created a bicameral legislature balancing large and small state interests.
What is the Connecticut (Great) Compromise?
This Federalist paper defends judicial review and calls the judiciary the “least dangerous branch.”
What is Federalist No. 78?
This case incorporated the Second Amendment against the states.
What is McDonald v. Chicago?
This case ruled school-sponsored prayer unconstitutional.
What is Engel v. Vitale?
This concept explains how most Bill of Rights protections apply to states.
What is selective incorporation?
The clause allowing Congress to pass laws beyond enumerated powers originates from this part of the Constitution
What is the Necessary and Proper Clause (Elastic Clause)?
Brutus predicted this branch would become too powerful due to lifetime appointments and vague constitutional language.
What is the judiciary?
This case limited Congress’s commerce power by striking down the Gun-Free School Zones Act.
What is United States v. Lopez?
This case allowed Amish students to leave school early due to religious freedom.
What is Wisconsin v. Yoder?
This amendment is most commonly used as the vehicle for incorporation.
What is the 14th Amendment?