Federalist
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. Therefore, it is far less likely that there will be one majority oppressing the rest of the people.
Federalist 10
King argues that he and his fellow demonstrations have a duty to fight for justice. It is up to the oppressed to take charge and demand equality. According to St. Augustine's logic, unjust laws aren't actually laws, so they don't have to be followed. King believes people are under a moral obligation to oppose segregation by refusing to abide by the so-called laws that govern the practice
Letter from Birmingham Jail
Judiciary Act established, (create new courts and judges),His appointments to these courts, however, were not valid until the appointed judges were delivered their commissions by Jefferson’s Secretary of State. Marbury was one of the judges appointed; however, his commission was not delivered.
Marbury v. Madison (1803)
Pentagon Papers, The Nixon Administration tried to prevent the New York Times from publishing material that belonged to a Defense Department study about US intervention in Vietnam. President Nixon stated that it was necessary to national security to prohibit it before publication, court decided freedom of the press guaranteed by the First Amendment
New York Times Co. v. United States (1971)
The court held that states could not hold prayers in public school EVEN IF it was voluntary and EVEN IF the prayer did not adhere to a specific religion. Because the act of prayer was considered a religious activity, having it occur in a public school
Engel v. Vitale (1962)
Proposes a government broken into three branches: Executive, Legislative, and Judicial. Each branch should be self-sufficient, but each should have some kind of power over the other in order for them to keep each other from taking over the government. The Legislative branch needs to be split further into the House of Representatives and the Senate because it's the most powerful branch, and members of the Judicial branch need to be chosen by the President with the Senate's approval because they want qualified candidates for a position that lasts for life.
Federalist 51
Outline of federal gov’t structure, powers, and limits to those powers Three branches (L, E, J) [Sep. of P’s] that can limit each other [Ch & B’s] Federal system of government Constitution as Supreme Law. 1-8: Individual Rights o 9: Rights not listed are NOT denied to the People o 10: Powers not given to Federal Gov’t nor denied to the states are State Powers
Constitution + Bill of Rights
Maryland tried to tax national bank and stated it was unconstitutional. court ruled Congress used necessary and proper clause and wasn't limited by expressed powers. supremacy clause federal law above state law. Federal bank couldn't be taxed by state.
McCulloch v. Maryland (1819)
During World War I, a pair of socialists, including Charles Schenck distributed leaflets that stated the draft violated the 13th Amendment - which prohibits involuntary servitude. The leaflet wanted people to disobey the draft. Schenck was charged with violating the Espionage Act of 1917. They appealed on the grounds of the First Amendment. Supreme Court held that the Espionage Act did not violate the First Amendment and it was an appropriate exercise of Congress’ wartime authority. This was a key limitation on the First Amendment as the free speech clause does not allow for advocacy of unlawful behavior
Schenck v. the United States (1919)
The holding was that the Sixth Amendment’s right to counsel applies to state court defendants via the Fourteenth Amendment. The Court stated that because the right of counsel is fundamental, it should be incorporated into the states
Gideon v. Wainwright (1963)
Argues that unity in the executive branch is a main ingredient for both energy and safety. Energy arises from the proceedings of a single person, characterized by, "decision, activity, secrecy, and dispatch," while safety arises from the unitary executive's unconcealed accountability to the people. Justifies executive strength by claiming that the slow-moving Congress, a body designed for deliberation, will be best-balanced by a quick and decisive executive.
Federalist 70
Confederation of states, with an extremely limited central government. limitations placed upon the central government rendered it ineffective at governing the continually growing American states Each state remains sovereign Unicameral legislature, each state one vote No President, No Judiciary Could not force taxation; No standing Army
Articles of Confederation
Lopez took gun to school, broke gun free school zone act, Congress sent federal charges implied with commerce clause. SCOTUS decided commerce clause didn't apply and didn't give Congress unlimited power.
United States v. Lopez (1995)
banned corporations from independent political spending and direct contributions to campaigns or political parties, The holding in this case was that corporations should be considered people and therefore their funding of “independent political expenditures cannot be limited.” This is considered a form of political speech, which is protected by the free speech portion of the First Amendment. Corporation could indirectly fund candiadtes (ads etc.) but couldn't directly give them money
Citizens United v. Federal Election Commission (2010)
A group of students decided to wear black armbands in order to protest the Vietnam War. Mary Beth Tinker and Christopher Eckhardt decided that they would wear their armbands to school despite warnings from school administration. After wearing the armbands to school, they were sent home. The students decided to sue their school district for violating the freedom of expression.
Tinker v. Des Moines Independent Community School District (1969)
As “the weakest of the three departments of power,” the Judiciary needs strengthening. Without an independent judiciary, any rights reserved to the people by the Constitution “would amount to nothing,” since the legislature cannot be relied upon to police itself. lifetime appointments, guaranteed “during good behavior”
Federalist 78
All people created equal (Natural Rights of Life, Liberty, Property) Governments are created to protect these rights If Gov’t does not protect these rights, then the People have the duty to change/destroy Imperfect gov’ts should not be destroyed, only ones that seek to subject the People to Tyranny (destruction of Natural Rights)
Declaration of Independence
Amish parents, refused to send their children to school after the 8th grade. In accordance with their religion, they did not agree with high school attendance. They were later charged under a Wisconsin law that required students to attend school until age 16. 1st Amendment the free exercise clause. The court held that the requirement to send children to school beyond the eighth grade was unconstitutional.
Wisconsin v. Yoder (1972)
racial gerrymandering took place with this district (it was very narrow) and if the district raised an Equal Protection Clause questionl North Carolina residents challenged a proposed, unusually shaped district. They believed that the only purpose of the district was that it would definitely elect African-American representatives.court held because the district was shaped in such a clearly odd way, it was enough to prove that there was a very apparent effort to separate voters racially
Shaw v. Reno (1993)
Chicago passed a handgun ban law, and several suits were filed against the city challenging the ban after another case (District of Columbia v. Heller). In that case, the Court had held that a DC handgun ban violated the Second Amendment. There, since the law was enacted by the federal government, the Second Amendment was applicable
McDonald v. Chicago (2010)
an Antifederalist series of essays designed to encourage New Yorkers to reject the proposed Constitution the immense power of the federal government requires the people to sacrifice their liberties a bill of rights was necessary to protect the people from the government Congress possesses far too much power: taxation, standing army, taxes, Elastic Clause a free republic cannot exist in such a large territory as the United States Judicial authority will broaden federal gov’t’s power (thus, tyranny)
Brutus 1
This case resulted in the decision that facilitated the development of the “one person, one vote” doctrine and enabled federal courts to weigh in on legislative redistricting questions.
Baker v. Carr (1962)
This is one of the most famous cases in US history. Relating to the racial segregation of schools, African American students had been denied admittance to public schools because of these segregation laws, and many argued that this was in violation of the Constitution.
Brown v. Board of Education (1954)