Court Cases and Key Documents

Question 1

What are the core Ideas in federalist 10?

Answer 1

Madisons discusses faction, which was a fear of the founding father’s. Madison believes that factions are a natural result of a nation where people can form and discuss their opinions, so you can’t prevent them without attacking liberties. Instead, what can be done is to try to limit the power of factions in the government. Minority factions can be easily controlled by being outvoted, and majority factions can be controlled by the diffusion of power. Its hard for a single faction to control multiple branches of the government, or diverse regions of the country

Question 2

What are the core Ideas in federalist 51?

Answer 2

Madisons details how division of power is the key to preventing tyranny, not just avoiding a powerful government. Its difficult for a single faction to gain control of multiple aspects of the government, and the system of checks and balances uses peoples own ambitions against them

Question 3

What are the core Ideas in federalist 78?

Answer 3

Hamilton argues that the court system is the last defender of peoples liberties due to the power of judicial review, which is why it needs to be independent (hence the life long terms). Its also the weakest branch, because it has no real power to enforce its decisions the way the congress and the presidency can.

Question 4

What are the core Ideas in federalist 70?

Answer 4

hamilton defends the concept of an “energetic executive”- he thought that a strong president was necessary to effectively enforce the law, and a split presidency would slow crucial decision making, especially in times of war

Question 5

What are the core Ideas in Brutus 1?

Answer 5

See general anti federalist complaints
-the federal government could be used against minorities
-it could abridge the rights of states, and just be generally tyrannical (see judicial review and supremacy clause)
-we could tax the states into submission
-clearly the president would become like a king. hence why we got Washington to become the first president
-no bill of rights!!!

Question 6

What is established in Marbury v Madison

Answer 6

Chief Justice Marshall establishes the power of judicial review by overturning the provisions of the Judiciary Act of 1989 which gave the power of the writ of mandamus, on the basis that it expanded the powers of the court in a manner not supported by the Constitution

Question 7

What are the articles of the original constitution?

Answer 7

1. Legislative branch
2. Executive branch
3. Judiciary
4. Relations between states
5. the amendment process
6. the supremacy clause
7. the rules of ratification (supermajority of state conventions 9/13)

Question 8

What is the first amendment?

Answer 8

freedom of speech and religion
establishment clause

Question 9

What is the second amendment?

Answer 9

the right to bear arms

Question 10

what is the third amendment

Answer 10

absolutely no quartering acts allowed (in times of peace)

Question 11

What is the fourth amendment?

Answer 11

protection from unreasonable searches or warrants without probably cause

Question 12

What is the fifth amendment?

Answer 12

-right to indictment by a grand jury
-protection against self incrimination
-double jeopardy
-due process clause
-eminent domain (also called the takings clause)

Question 13

What is the sixth amendment?

Answer 13

basically, the fifth amendment says you have the right to proper legal proceedings, and the 6th amendment details what those proceedings should look like
-right to a lawyer
-right to a speedy public trial
-right to an impartial jury
-the right to know what charges will be pressed
-to right to cross examine and call your own witnesses

Question 14

What is the 7th amendment?

Answer 14

-the right to a jury trial is upheld in civil cases, not just criminal proceedings

Question 15

What is the 8th amendment?

Answer 15

-protection against excessive fines
-cruel and unusual punishment

Question 16

What is the 9th amendment?

Answer 16

-the people have rights which are not enumerated in the constitution (basis of things like Griswald)

Question 17

What is the 10th amendment?

Answer 17

-reserved powers for the states

Question 18

What is the 11th amendment?

Answer 18

-the supreme court cannot hear suit against states brought by citizens of another state or nations

Question 19

What is the 12th amendment?

Answer 19

amended the election process so that the president and vice president were chosen together, as a single ticket instead of the runner up system

Question 20

What is the 13th amendment?

Answer 20

officially banned slavery

Question 21

What is the 14th amendment?

Answer 21

equal protections clause
state due process clause
birthright citizenship

Question 22

What is the 15th amendment?

Answer 22

legally banned voting discrimination on the basis of race. this is not really useful until we get some legislation enforcing this, but at least the groundwork is there

Question 23

What is the 16th amendment?

Answer 23

income taxes. boo

Question 24

What is the 17th amendment?

Answer 24

direct election of senators

Question 25

What is the 18th amendment?

Answer 25

prohibition

Question 26

What is the 19th amendment?

Answer 26

women’s right to vote

Question 27

What is the 20th amendment?

Answer 27

moves the term beginnings for congress and the presidency

Question 28

What is the 21st amendment?

Answer 28

repeals prohibition

Question 29

What is the 22nd amendment?

Answer 29

2 term limit on the presidency

Question 30

What is the 23th amendment?

Answer 30

gives dc a electoral vote

Question 31

What is the 24th amendment?

Answer 31

bans poll taxes

Question 32

What is the 25th amendment?

Answer 32

-presidential sucession act
-allows the president to select a new vice president if theres a vacancy, like say if the VP became president
-allows the VP to become acting president, in the scenario that the president is not able to do his job for a bit (think medical exceptions, like surgery)
-gives the VP or other executive members the ability to enact a vote of no confidence if they think the president is insane or otherwise incapable of being president

Question 33

What is the 26th amendment?

Answer 33

puts the voting age at 18th

Question 34

What is the 27th amendment?

Answer 34

congressional salary increases don’t take effect until after the next election

Question 35

What are the key ideas of the declaration of independence?

Answer 35

-that the government derives its power from the consent of the governed, and it has a responsibility to protect peoples basic rights to life, liberty, and property, lest they revolt (social contract)

Question 36

What are the core ideas in letters from birmingham jail?

Answer 36

-a public letter in which king criticized the white silent majority, bc they may claim to support civil rights, but they are critical of protests and other forms af actual action. He also criticized the extremism within the black community
-they other thing he does is explain his concept of civil disobedience, where people have the moral imperative to disobey unjust laws

Question 37

What are the key ideas of McCulloch v Maryland?

Answer 37

-No Maryland cant tax the US bank-the power to tax is the power to destroy
-the necessary and proper clause allows the federal govt to seek out the best way to carry out its enumerated powers. not just the bare minimum
-basically this case cements the supremacy clause- no the states rly cant interfere with federal institutions

Question 38

What is Schenck v US

Answer 38

-free speech
-somebody sent out pamphlets encouraging draft dodging during ww1. for obvious reason, the govt was not a fan.
-The court decided that speech was not protect in the scenario that the speech represented clear and present danger.
-its also a demonstration of expanded government rights in wartime
-the clear and present danger test is later represented with direct incitement in Brandenburg v Ohio

Question 39

Brown v Board of Ed. go

Answer 39

-ban school segregation
-overturns Plessy

Question 40

Baker v Carr

Answer 40

the key issue here was whether tennessee’s unequal districting was justiciable- whether the supreme court had the right to decide on a political case where a state is excercising its rights. In this case, it was deemed justiciable because unequal apportionment meant that some people were denied the 14th amendment equal protection

Question 41

Shaw v Reno

Answer 41

-issue was racial gerrymander in virginia

Question 42

Engel v Vitale

Answer 42

-case regarding establishment clause
-no prayer in public schools. even if the prayer is non-denominational and voluntary, it still creates a lot of pressure to conform for schoolkids

Question 43

Gideon v Wainwright

Answer 43

-incorporates 6th amendment right to counsel, on the basis that its key to having a fair trial
-overturned betts v brady

Question 44

Tinker v des Moines

Answer 44

-free speech case
-students do have some free speech rights within schools
-also established the concept of symbolic speech

Question 45

NYT v US

Answer 45

-first amendment
-an attempt to stop publication of the pentagon papers
-etains protections on prior restraint established in Near v Minnesota

Question 46

Wisconsin v Yoder

Answer 46

-the amish don’t have the send their kids to school after 8th grade, since they’d be able to pull out legally in 2 more years anyways (at 16)
-free exercise clause-religious beliefs are highly protected

Question 47

Roe v Wade

Answer 47

-right to privacy as est by griswald
-garuanteed right to an abortion until the 3rd trimester, tho states had the right to place some restrictions on it

Question 48

Shaw v Reno

Answer 48

-racial gerrymander case
-race cant be the primary reason behind district lines