Fed 10 v. Brutus 1
What did Federalist No. 10 argue was the main threat to democracy?
What is: Factions
What event led to the Supreme Court case New York Times v. United States (1971)?
What is: The publication of the Pentagon Papers about the Vietnam War.
What were the students in Tinker v. Des Moines protesting when they wore black armbands to school?
What is: The Vietnam War.
What was the main constitutional question in Schenck v. U.S.? (ISSUE)
What is: Did Schenck’s conviction under the Espionage Act violate his First Amendment right to free speech?
What concept from the Declaration of Independence suggests that humans are born with certain fundamental rights?
What is: Natural Rights
How did Madison suggest controlling factions in Federalist No. 10?
What is: Through a large republic with many competing factions so none can get too powerful
What question did the Supreme Court have to decide in New York Times v. U.S.? (THE ISSUE)
Bonus 100: Define the terminology in your answer.
What is: Whether the government could use prior restraint to stop newspapers from publishing classified information.
How did the Supreme Court rule in Tinker v. Des Moines? (Holding)
The Court ruled in favor of the students, saying their silent protest was protected symbolic speech.
What did Charles Schenck do to get arrested?
Bonus 100 if you can name what political/economic ideology he followed
What is: He distributed leaflets urging men to resist the draft during World War I.
Bonus: He was a socialist
What does the Declaration say people have the right to do if a government becomes destructive?
What is: They have the right to alter or abolish it and create a new government.
What was Brutus 1’s main argument against the Constitution?
Bonus 100 if you name the clauses he argued against.
What is: It gave too much power to the federal government and threatened state authority.
Bonus: Nec & Proper / Supremacy
Which part of the First Amendment did this case reinforce, and how?
What is: It reinforced the freedom of the press by limiting the government’s power to censor or restrict publication.
Complete this key phrase from the decision: “Students do not shed their _______ at the schoolhouse gate.”
What is: Constitutional rights to freedom of speech or expression.
How did the Supreme Court rule in Schenck v. United States? (Holding)
What is: The Court upheld his conviction, ruling that his speech was not protected because it posed a “clear and present danger.”
According to the Declaration, where does government get its power?
Bonus 100 if you came the democratic ideal related to the answer.
What is: From the consent of the governed.
Bonus: Popular Sovereignty
How did Brutus believe the Necessary and Proper Clause could be abused?
What is: It would let Congress expand its powers beyond what was intended.
How did New York Times v. U.S. strengthen the idea of government accountability in a democracy?
What is: It affirmed that a free press can expose government wrongdoing, ensuring the public stays informed about government actions.
How did Tinker v. Des Moines influence later student speech cases?
Bonus 100 if you can name or describe a similar case that used the Tinker Test
What is: It set a precedent that schools must show real disruption before punishing student expression.
How did the Schenck decision influence future free speech cases?
Bonus 100 if you can name the case or test that replaced the precedent set in this case.
What is: It became the foundation for deciding when speech can be limited — especially during wartime or national crises.
What concept describes the agreement between people and government to secure their rights?
Bonus 100 if you can name one of the philosophers attached to this theory
What is: Social Contract
Bonus: Who is Hobbes, Locke, or Rousseau
According to Brutus 1, why would a large republic threaten the people’s liberty, while Federalist No. 10 argued it would protect it?
What is: Brutus believed citizens in a large republic couldn’t effectively participate or hold leaders accountable, leading to tyranny; Madison argued that a large republic would make it harder for any one faction to dominate, protecting liberty.
How does New York Times v. United States demonstrate the balance between national security and the First Amendment?
What is: It shows that while the government may claim national security concerns, the Court prioritized transparency and the public’s right to know, placing heavy limits on government censorship.
How did Tinker v. Des Moines expand the interpretation of the First Amendment?
What is: It recognized symbolic acts—like wearing an armband—as a form of protected speech.
What famous example did Justice Holmes use to explain unprotected speech?
What is: He said you can’t falsely shout “Fire!” in a crowded theater because it could cause panic and harm.
How do the democratic ideal in the Declaration—like limited government—still shape U.S. government today?
What is: By reminding leaders that their power comes from the people and must be restricted by laws. The Constitution and Bill of Rights put this idea into practice by creating checks and balances, separation of powers, and individual rights that the government cannot take away.