Foundational Documents (Gov)

Question 1

Limited Congress’ commerce clause powers; struck down federal Gun Free School Zones Act; 10th Amendment creates a federal system that protects state power, the commerce clause does not give Congress endless power

Answer 1

United States v. Lopez (1995)

Question 2

Banned malapportionment; established “One person, one vote” principle of equal representation

Answer 2

Baker v. Carr (1962)

Question 3

Banned racial gerrymandering; held that race-conscious redistricting violates the equal protection clause even if the purpose is to help minorities; held that the Constitution is color blind

Answer 3

Shaw v. Reno (1993)

Question 4

States cannot hold prayers in public schools, even if participation is voluntary and the prayer isn’t tied to a specific religion

Answer 4

Engel v. Vitale (1962)

Question 5

Compelling Amish students to attend public schools beyond 8th grade violates the free exercise clause

Answer 5

Wisconsin v. Yoder (1972)

Question 6

Students have free speech; symbolic speech is pure speech; schools can only limit speech if it interferes with the operation of the school

Answer 6

Tinker v. Des Moines (1969)

Question 7

Speech can be limited if it creates a clear and present danger. Upheld the Espionage Act

Answer 7

Schenck v. U.S. (1919)

Question 8

Because of the First Amendment’s freedom of press there is a heavy presumption against prior restraint; government couldn’t block publication of the Pentagon Papers

Answer 8

New York Times v. U.S. (1971)

Question 9

Incorporated an individual right to bear arms

Answer 9

McDonald v. Chicago (2010)

Question 10

Incorporated the right to an attorney

Answer 10

Gideon v. Wainwright (1963)

Question 11

Established and incorporated a right to abortion

Answer 11

Roe v. Wade (1973)

Question 12

Racially segregated public schools violate the 14th Amendment

Answer 12

Brown v. Board of Education (1954)

Question 13

Struck down soft money and timing bans in BCRA. Held that corporations are people, therefore corporations have free speech to engage in unlimited independent political expenditures, led to the creation of Super PACs

Answer 13

Citizens United v. F.E.C.

Question 14

“Certain unalienable rights” = natural rights
“to secure these rights, governments are instituted among men” = social contract
“deriving their just powers from the consent of the governed” = popular sovereignty

Answer 14

Declaration of Independence

Question 15

States were sovereign; each state had 1 vote in Congress; No executive or judicial branch; states could impose tariffs on other states, create their own currencies, and ignore federal treaties; Congress couldn’t tax. Intentionally created a very weak national government

Answer 15

Articles of Confederation

Question 16

Established a limited government with key features such as republicanism, federalism, separation of powers, and checks and balances

Answer 16

Constitution

Question 17

A large republic is the best way to control factions and protect minority rights while maintaining majority rule. Multiple groups (factions) compete for power and in a large republic there will be so many groups that no single group will dominate policymaking

Answer 17

Federalist No. 10

Question 18

Argues against ratifying the Constitution and wishes for power to be held by the people in smaller, more local governments, more democratic, and allow citizens to more directly influence public policy

Answer 18

Brutus No. 1

Question 19

Argues for checks and balances and separation of powers. We need a government because people aren’t perfect and we need to limit government because people in government aren’t perfect either

Answer 19

Federalist No. 51

Question 20

A single executive can act more decisively and quickly; will also be held more accountable by the public and be more responsive to public opinion since public will know who to assign blame or credit to unlike if the executive power was shared among a council. each would blame the other and the public wouldn’t know who to blame

Answer 20

Federalist No. 70

Question 21

MLK demands fulfillment of Declaration of Independence and 14th Amendment’s equal protection clause for African-Americans

Answer 21

Letter from a Birmingham Jail

Question 22

Established judical review; the power of the Court to rule on the constitutionality of congressional laws, executive actions, and state laws

Answer 22

Marbury v. Madison (1803)

Question 23

Expanded federal power, Congress has implied powers. Congress can establish a national bank based on necessary and proper clause; a state cannot tax the federal government based on the supremacy clause

Answer 23

McCulloch v. Maryland (1819)