The different governments will control each other; at the same time that each will be controlled by itself.
Federalist 51
Fast moving and energetic exectutive is needed to balance a slow moving legislative branch. Give them terms long enough to promote stability.
Federalist 70
Daily Double!
"We the people"
Constitution
Raced based segregation is illegal.
Brown v. Board of Ed
The administration of Pres. Thomas Jefferson withheld from William Marbury a judgeship commission that had been formalized in the last days of the preceding John Adams administration but not delivered before Jefferson's inauguration.
Marbury v. Madison
Brown v Board
14th Amendment - Equal Protection
“If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote. It may clog the administration, it may convulse the society; but it will be unable to execute and mask its violence under the forms of the Constitution.”
Federalist 10
Separation of power into three branches controls tyranny. Further separation of the legislative branch into 2 houses controls power. Plus these branches need to have power over each other.
Federalist 51
We hold these truths to be self evident.
Declaration of Independence
Guarantee of an attorney for the poor or indigent
Students wear armbands to protest the Vietnam War and get in trouble. SCOTUS ruled that students do not “shed their constitutional rights” to freedom of speech or expression at the schoolhouse gate. Schools forbidding the wearing of armbands is a violation of symbolic speech
Tinker v. Des Moines
New York Times v. United States
1st Amendment Freedom of Press
"...that the judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two;"
Federalist 78
factions will happen; a strong, united republic would be more effective than the individual states at controlling “factions”, a large republic will help control factions because when more representatives are elected, there will be a greater number of opinions.
Federalist 10
nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
14th Amendment
Schools cannot sponsor religious activities. No state sponsored prayer
Engale v. Vitale
Dealt with the Amish community’s desire to pull their children from public school before the age of 16 so that they could help with farm and domestic work. The Court sided with the Amish and held that the parents' fundamental right to freedom of religion was determined to outweigh the state's interest in educating its children
Wisconsin v. Yoder
Gideon v. Wainright
6th Amendment
“energy in the executive is the leading character in the definition of good government. It is essential to the protection of the community against foreign attacks…to the steady administration of the laws, to the protection of property…to justice; [and] to the security of liberty….”
Federalist 70
Antifederalist, too much power to the federal government, must add a Bill of Rights, Congress has too much power with the standing army and the power to tax
Brutus 1
Justice delayed is justice denied.
Letter from a Birmingham Jail
Right to keep and bear arms for self-defense applies to the states
McDonald v. Chicago
A case involving gerrymandering, redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause - No racial gerrymandering. Race cannot be the sole or predominant factor in redrawing legislative boundaries. Majority-Minority districts.
Shaw v. Reno
Daily Double!
Baker v Carr
14th Amendment - Equal Protection
One man, one vote
"this (Constitution) would essentially create a federal government that will possess absolute and uncontrollable power…”
Brutus 1
Judges appointed for life will keep them free from politics. It will be the weakest branch because it cannot enforce its decisions and doesn't have the power of the purse. It will help police the laws made by the legislature.
Federalist 78
Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States ..
Articles of Confederation
Speech creating a “clear and present danger” is not protected
Schenck v. US
Student was arrested for carrying a concealed weapon into his high school. He was charged under the Gun-Free School Zones Act of 1990, a congressional law that banned people from bringing guns into school zones. The Court ruled this exceeded Congress' authority to regulate interstate commerce.
McCulloch v. Maryland
Supremacy Clause
(states by declaring that states cannot interfere with or tax the legitimate activities of the federal government.)