Foundational Documents & Supreme Court Cases

Question 1

Foundational document that argues that a strong, united republic would be more effective than the individual states at controlling “factions”

Answer 1

Federalist 10

Question 2

Foundational document that argues that 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

Answer 2

Federalist 10

Question 3

An Antifederalist series of essays designed to encourage New Yorkers to reject the proposed Constitution

Answer 3

Brutus I

Question 4

Argues that the immense power of the federal government requires the people to sacrifice their liberties

Answer 4

Brutus I

Question 5

Asserts that a bill of rights was necessary to protect the people from the government

Answer 5

Brutus I

Question 6

Claims that Congress possesses far too much power: taxation, standing army, taxes, Elastic Clause

Answer 6

Brutus I

Question 7

Contends that a free republic cannot exist in such a large territory as the United States

Answer 7

Brutus I

Question 8

Argues that judicial authority will broaden federal government’s power, thus leading to tyranny

Answer 8

Brutus I

Question 9

Asserts that all people are created equal with Natural Rights of Life, Liberty, Property

Answer 9

Declaration of Independence

Question 10

States that governments are created to protect these natural rights

Answer 10

Declaration of Independence

Question 11

Argues that if a government does not protect these rights, then the People have the duty to change or destroy it

Answer 11

Declaration of Independence

Question 12

Clarifies that imperfect governments should not be destroyed, only ones that seek to subject the People to Tyranny (destruction of Natural Rights)

Answer 12

Declaration of Independence

Question 13

Confederation of states, with an extremely limited central government

Answer 13

Articles of Confederation

Question 14

Limitations placed upon the central government rendered it ineffective at governing the continually growing American states

Answer 14

Articles of Confederation

Question 15

Each state remains sovereign under this system

Answer 15

Articles of Confederation

Question 16

Establishes a unicameral legislature, with each state having one vote

Answer 16

Articles of Confederation

Question 17

No President or Judiciary under this system

Answer 17

Articles of Confederation

Question 18

Could not force taxation and had no standing army

Answer 18

Articles of Confederation

Question 19

Outlines the federal government structure, powers, and limits to those powers

Answer 19

Constitution

Question 20

Establishes three branches (Legislative, Executive, Judicial) with separation of powers that can limit each other through checks and balances

Answer 20

Constitution

Question 21

Establishes a federal system of government

Answer 21

Constitution

Question 22

Establishes the Constitution as the Supreme Law of the land

Answer 22

Constitution

Question 23

Amendments 1-8 protect individual rights

Answer 23

Bill of Rights

Question 24

Amendment 9 states that rights not listed are not denied to the People

Answer 24

Bill of Rights

Question 25

Amendment 10 states that powers not given to Federal Government nor denied to the states are State Powers

Answer 25

Bill of Rights

Question 26

Proposes a government broken into three branches: Executive, Legislative, and Judicial

Answer 26

Federalist 51

Question 27

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

Answer 27

Federalist 51

Question 28

The Legislative branch needs to be split further into the House of Representatives and the Senate because it’s the most powerful branch

Answer 28

Federalist 51

Question 29

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

Answer 29

Federalist 51

Question 30

This style of government also helps keep down the power of factions, a recurring theme from Federalist 10

Answer 30

Federalist 51

Question 31

Argues that unity in the executive branch is a main ingredient for both energy and safety

Answer 31

Federalist 70

Question 32

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

Answer 32

Federalist 70

Question 33

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

Answer 33

Federalist 70

Question 34

Maintains that governmental balance can only be achieved if each branch of government (including the executive branch) has enough autonomous power such that tyranny of one branch over the others cannot occur

Answer 34

Federalist 70

Question 35

Makes the case for duration, meaning a presidential term long enough to promote stability in the government

Answer 35

Federalist 70

Question 36

Support can be defined as a presidential salary, which insulates government officials from corruption by attracting capable, honest men to office

Answer 36

Federalist 70

Question 37

As “the weakest of the three departments of power,” the Judiciary needs strengthening

Answer 37

Federalist 78

Question 38

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

Answer 38

Federalist 78

Question 39

Lifetime appointments, guaranteed “during good behavior,” insure that judges can resist encroachments from the legislature (to which presumably they would be vulnerable by means of bribes or threats)

Answer 39

Federalist 78

Question 40

King argues that he and his fellow demonstrations have a duty to fight for justice

Answer 40

Letter from a Birmingham Jail

Question 41

It is up to the oppressed to take charge and demand equality

Answer 41

Letter from a Birmingham Jail

Question 42

Segregation is used to debase one population (blacks) while uplifting another (whites), which makes it immoral in the eyes of God

Answer 42

Letter from a Birmingham Jail

Question 43

Immoral laws are laws that are neither just nor fair. According to St. Augustine’s logic, unjust laws aren’t actually laws, so they don’t have to be followed

Answer 43

Letter from a Birmingham Jail

Question 44

King believes people are under a moral obligation to oppose segregation by refusing to abide by the so-called laws that govern the practice

Answer 44

Letter from a Birmingham Jail

Question 45

White Americans who say they agree with the notion of desegregation but criticize the manner in which civil rights activists go about achieving it are the biggest obstacle standing in the way of racial equality

Answer 45

Letter from a Birmingham Jail

Question 46

The demeaning and “paternalistic” attitude of white moderates shows a lack of real understanding about the realities of segregation

Answer 46

Letter from a Birmingham Jail

Question 47

It is the white moderate group that perpetuates the notion that time, not human intervention, will be the great equalizer—which discourages others to join the campaign for civil rights

Answer 47

Letter from a Birmingham Jail

Question 48

The civil rights movement will ultimately be successful because “the goal of America is freedom”

Answer 48

Letter from a Birmingham Jai

Question 49

Summary - In 1816, the Second Bank of the United States was chartered; soon after, in 1818, Maryland passed a law imposing taxes on the bank. James McCulloch, the cashier at the Baltimore branch, refused to pay the tax. The state court ruled the Bank unconstitutional and claimed the federal government had no authority to charter a bank.

Answer 49

McCulloch v. Maryland (1819)

Question 50

Constitutional Issues - Did Congress have the implied power to create a bank? Could states tax a federal entity/bank?

Answer 50

McCulloch v. Maryland (1819)

Question 51

Holding - Congress has implied powers under the Necessary & Proper Clause to create a bank, and states cannot tax the federal government due to the Supremacy Clause.

Answer 51

McCulloch v. Maryland (1819)

Question 52

Summary - Alfonzo Lopez, a Texas high school senior, brought a concealed weapon to school, violating the Gun-Free School Zones Act of 1990, which was based on the Commerce Clause.

Answer 52

United States v. Lopez (1995)

Question 53

Constitutional Issues - Did the Gun-Free School Zones Act of 1990 exceed Congress’ powers under the Commerce Clause?

Answer 53

United States v. Lopez (1995)

Question 54

Holding - The act was unconstitutional as it did not substantially affect interstate commerce, reaffirming the Tenth Amendment which protects states’ rights.

Answer 54

United States v. Lopez (1995)

Question 55

Majority Opinion - Introduced a new phase of federalism recognizing the importance of state sovereignty and local control.

Answer 55

United States v. Lopez (1995)

Question 56

Summary - The New York Board of Regents authorized a voluntary, non-denominational prayer at the start of each school day. Several organizations challenged this, arguing it violated the Establishment Clause as it constituted an act of establishing religion.

Answer 56

Engel v. Vitale (1962)

Question 57

Constitutional Issues - Does a voluntary, non-denominational prayer at public schools violate the Establishment Clause of the First Amendment?

Answer 57

Engel v. Vitale (1962)

Question 58

Holding - States cannot hold prayers in public schools even if the prayer is voluntary and non-denominational, as it is a religious activity and thus against the Establishment Clause.

Answer 58

Engel v. Vitale (1962)

Question 59

Summary - Jonas Yoder and other Amish parents refused to send their children to school beyond the 8th grade based on their religious beliefs, contrary to a Wisconsin law requiring school attendance until age 16.

Answer 59

Wisconsin v. Yoder (1972)

Question 60

Constitutional Issues - Does requiring Amish parents to send their children to school past the 8th grade violate the Free Exercise Clause of the First Amendment?

Answer 60

Wisconsin v. Yoder (1972)

Question 61

Holding - The requirement for children to attend school beyond the eighth grade is unconstitutional when it infringes on the rights to freely exercise one’s religion, affirming the precedence of individual religious freedoms over state education mandates.

Answer 61

Wisconsin v. Yoder (1972)

Question 62

Summary - A group of students, including Mary Beth Tinker and Christopher Eckhardt, wore black armbands to school to protest the Vietnam War, were sent home, and sued their school district for violating their freedom of expression.

Answer 62

Tinker v. Des Moines (1969)

Question 63

Constitutional Issues - Does prohibiting the wearing of armbands (symbolic protest) in public schools violate the Freedom of Speech Clause of the First Amendment?

Answer 63

Tinker v. Des Moines (1969)

Question 64

Holding - Students retain free speech rights at school; the suppression of speech is justified only if it substantially interferes with school operations.

Answer 64

Tinker v. Des Moines (1969)

Question 65

Majority Opinion - “Students do not shed their rights at the schoolhouse gate.” This ruling confirmed that students’ right of symbolic speech is protected under the First Amendment.

Answer 65

Tinker v. Des Moines (1969)

Question 66

Summary - Norma McCorvey (Jane Roe) sought an abortion in Texas where it was illegal except to save a mother’s life, challenging the state law as unconstitutional.

Answer 66

Roe v. Wade (1973)

Question 67

Constitutional Issues - Does a woman’s right to have an abortion fall under the Constitution’s rights, specifically under the right of privacy?

Answer 67

Roe v. Wade (1973)

Question 68

Holding - A woman’s right to an abortion is protected under the right of privacy implied by the Bill of Rights, specifically under the due process clause of the Fourteenth Amendment. This decision affected laws in 46 states.

Answer 68

Roe v. Wade (1973)

Question 69

Majority Opinion - Expanded the definition of privacy, marking a significant moment in constitutional law and leading to intense ongoing political debate.

Answer 69

Roe v. Wade (1973)