Brutus
What was Brutus most concerned about losing under the new Constitution?
the loss of individual and state rights under a strong central government.
Who wrote Federalist 51?
James Madison
What amendment did Schenck claim was violated?
The First Amendment (freedom of speech).
What amendment was at the center of the Gideon case?
The Sixth Amendment (right to counsel).
What type of organization was Citizens United?
A nonprofit political advocacy group.
What kind of government did Brutus argue was better suited for a large nation?
A small, decentralized republic.
Who wrote Federalist 70?
Alexander Hamilton
What was Schenck distributing that led to his arrest?
Leaflets urging resistance to the WWI draft.
What crime was Clarence Gideon accused of?
Burglary.
What kind of spending was at issue in the case?
Independent political expenditures by corporations and unions.
Why did Brutus believe a large republic would fail?
Representatives in a large republic would be too detached from the people and easily corrupted.
What is the main argument of Federalist 51?
Checks and balances/separation of powers
What test did the Court create in this case?
The “clear and present danger” test.
What was the outcome of Gideon’s retrial?
He was found not guilty after being given a lawyer in his new trial.
What was the Court’s ruling in favor of Citizens United?
The Court ruled that corporate funding of independent political broadcasts in candidate elections cannot be limited.
What did Brutus say about the power of the judiciary?
The judiciary would become too powerful and unchecked under the Constitution.
What is the main argument of Federalist 70?
A strong, energetic executive
What does “clear and present danger” mean in this context?
Speech that presents a clear and present danger to national security or public order is not protected.
What precedent did Gideon v. Wainwright overturn?
Betts v. Brady, which allowed states to deny counsel in non-capital cases.
What amendment was central to the Court’s decision?
The First Amendment (freedom of speech).
What document did Brutus #1 influence support for?
Bill of Rights
How does Fed 51 address the problem of factions?
Factions are inevitable, but a large republic can control their effects
How did this case affect future free speech cases?
It limited free speech rights during wartime and influenced later rulings on the boundaries of protected speech.
How did this case expand the incorporation of the Bill of Rights?
It incorporated the Sixth Amendment right to counsel to the states through the Fourteenth Amendment.
How has this case impacted modern campaigns?
Super PACs, unlimited independent expenditures.