Before the Constitution
The two branches of government missing under the Aritcles of Confederation.
What were the executive and judicial branches?
This is the purpose of the Preamble of the Constitution.
What is listing the principles of US government?
The quote, "ambition must be made to counter ambition" from From Federalist 10 refers to this concept.
What is checks and balances?
This US Supreme Court case established the legal precedent for judicial review.
What is Marbury v. Madison?
This was the subject of both Baker v. Carr and Shaw v. Reno.
What is gerrymandering?
The only two accomplishments of the Articles of Confederation.
This is the branch of government that has the longest Article devoted to it.
What is the legislative branch?
According to the author of Brutus No 1, this would be the fate of the states under the US Constitution.
They would be weakened and cease to exist.
The ruling in McCulloch v. Maryland was based upon these two Constitutional clauses.
What are the Necessary and Proper Clause and the Supremacy Clause.
Teenagers really love this non-essential US Supreme Court case because it deals with steamboats!
What is Gibbons v. Ogden?
The natural right that Jefferson replaced with happiness in the Declaration of Independence.
What was the pursuit of property?
This is the core concept of Article 6 of the US Constitution.
What is federal supremacy?
The theory of government espoused in Federalist 10.
What is pluralism?
The idea of, "One person, one vote." was made famous by this Supreme Court Case.
What is Baker v. Carr?
The Constitutional Issue at the center of Citizens United v. FEC.
What is the freedom of speech?
Generally speaking, this is what you would find in the second section of the Declaration of Independence.
What is a list of grievances?
The Necessary and Proper Clause allows the federal government the ablility to expand powers related to these powers.
What are the enumerated powers of Article 1, Section 8?
According to Madison in Federalist 51, this will act as a "double security" against tyranny.
What is federalism?
Alfonzo Lopez's conviction was overturned because the Supreme Court ruled that the federal government had overstepped its authority related to this.
What is the Commerce Clause?
Parts of these two pieces of legislation were found unconstitutional in the cases Buckley v. Valeo and Citizens United v. FEC.
What are FECA and the BCRA?
We know that this particular grievence in the DoI really bothered the Founders because it ends up being addressed by the 3rd Amendment of the Constitution.
What is the quartering troops in private residences?
These are the two ways to propose an Amendment to the Constitution.
What are by 2/3 vote of both houses of Congress, or a special convention called by Congress at the request of 2/3 of the states?
According to Madison in Federalist No. 10, this is the only feasible way of dealing with factions.
What is controlling the effects of factions by establishing a large republic?
In their decision on this case, the US Supreme Court taught us that, "the power to tax is the power to destroy."
What is McCulloch v. Maryland
In Shaw vs. Reno, the US Supreme Court applied this judicial standard - the highest standard the Court uses.
What is strict scrutiny?