Foundational Documents & Supreme Court Cases Flashcards
Foundational document that argues that a strong, united republic would be more effective than the individual states at controlling “factions”
Federalist 10
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
Federalist 10
An Antifederalist series of essays designed to encourage New Yorkers to reject the proposed Constitution
Brutus I
Argues that the immense power of the federal government requires the people to sacrifice their liberties
Brutus I
Asserts that a bill of rights was necessary to protect the people from the government
Brutus I
Claims that Congress possesses far too much power: taxation, standing army, taxes, Elastic Clause
Brutus I
Contends that a free republic cannot exist in such a large territory as the United States
Brutus I
Argues that judicial authority will broaden federal government’s power, thus leading to tyranny
Brutus I
Asserts that all people are created equal with Natural Rights of Life, Liberty, Property
Declaration of Independence
States that governments are created to protect these natural rights
Declaration of Independence
Argues that if a government does not protect these rights, then the People have the duty to change or destroy it
Declaration of Independence
Clarifies that imperfect governments should not be destroyed, only ones that seek to subject the People to Tyranny (destruction of Natural Rights)
Declaration of Independence
Confederation of states, with an extremely limited central government
Articles of Confederation
Limitations placed upon the central government rendered it ineffective at governing the continually growing American states
Articles of Confederation
Each state remains sovereign under this system
Articles of Confederation
Establishes a unicameral legislature, with each state having one vote
Articles of Confederation
No President or Judiciary under this system
Articles of Confederation
Could not force taxation and had no standing army
Articles of Confederation
Outlines the federal government structure, powers, and limits to those powers
Constitution
Establishes three branches (Legislative, Executive, Judicial) with separation of powers that can limit each other through checks and balances
Constitution
Establishes a federal system of government
Constitution
Establishes the Constitution as the Supreme Law of the land
Constitution
Amendments 1-8 protect individual rights
Bill of Rights
Amendment 9 states that rights not listed are not denied to the People
Bill of Rights
Amendment 10 states that powers not given to Federal Government nor denied to the states are State Powers
Bill of Rights
Proposes a government broken into three branches: Executive, Legislative, and Judicial
Federalist 51
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
Federalist 51
The Legislative branch needs to be split further into the House of Representatives and the Senate because it’s the most powerful branch
Federalist 51
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
This style of government also helps keep down the power of factions, a recurring theme from Federalist 10
Federalist 51
Argues that unity in the executive branch is a main ingredient for both energy and safety
Federalist 70
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
Federalist 70
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
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
Federalist 70
Makes the case for duration, meaning a presidential term long enough to promote stability in the government
Federalist 70
Support can be defined as a presidential salary, which insulates government officials from corruption by attracting capable, honest men to office
Federalist 70
As “the weakest of the three departments of power,” the Judiciary needs strengthening
Federalist 78
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
Federalist 78
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)
Federalist 78
King argues that he and his fellow demonstrations have a duty to fight for justice
Letter from a Birmingham Jail
It is up to the oppressed to take charge and demand equality
Letter from a Birmingham Jail
Segregation is used to debase one population (blacks) while uplifting another (whites), which makes it immoral in the eyes of God
Letter from a Birmingham Jail
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
Letter from a Birmingham Jail
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 a Birmingham Jail
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
Letter from a Birmingham Jail
The demeaning and “paternalistic” attitude of white moderates shows a lack of real understanding about the realities of segregation
Letter from a Birmingham Jail
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
Letter from a Birmingham Jail
The civil rights movement will ultimately be successful because “the goal of America is freedom”
Letter from a Birmingham Jai
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.
McCulloch v. Maryland (1819)
Constitutional Issues - Did Congress have the implied power to create a bank? Could states tax a federal entity/bank?
McCulloch v. Maryland (1819)
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.
McCulloch v. Maryland (1819)
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.
United States v. Lopez (1995)
Constitutional Issues - Did the Gun-Free School Zones Act of 1990 exceed Congress’ powers under the Commerce Clause?
United States v. Lopez (1995)
Holding - The act was unconstitutional as it did not substantially affect interstate commerce, reaffirming the Tenth Amendment which protects states’ rights.
United States v. Lopez (1995)
Majority Opinion - Introduced a new phase of federalism recognizing the importance of state sovereignty and local control.
United States v. Lopez (1995)
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.
Engel v. Vitale (1962)
Constitutional Issues - Does a voluntary, non-denominational prayer at public schools violate the Establishment Clause of the First Amendment?
Engel v. Vitale (1962)
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.
Engel v. Vitale (1962)
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.
Wisconsin v. Yoder (1972)
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?
Wisconsin v. Yoder (1972)
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.
Wisconsin v. Yoder (1972)
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.
Tinker v. Des Moines (1969)
Constitutional Issues - Does prohibiting the wearing of armbands (symbolic protest) in public schools violate the Freedom of Speech Clause of the First Amendment?
Tinker v. Des Moines (1969)
Holding - Students retain free speech rights at school; the suppression of speech is justified only if it substantially interferes with school operations.
Tinker v. Des Moines (1969)
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.
Tinker v. Des Moines (1969)
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.
Roe v. Wade (1973)
Constitutional Issues - Does a woman’s right to have an abortion fall under the Constitution’s rights, specifically under the right of privacy?
Roe v. Wade (1973)
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.
Roe v. Wade (1973)
Majority Opinion - Expanded the definition of privacy, marking a significant moment in constitutional law and leading to intense ongoing political debate.
Roe v. Wade (1973)
