Required Documents Flashcards
Federalist No 10 (1787)
Mischiefs of factions can not be eliminated, but curbed; representative and pluralist democracy; factions would neutralize one another
Republic is the only type of Democracy suitable in a large nation.
Brutus 1 (1787)
Constitution threatens states; necessary and proper clause and supremacy clause are both too expansive
country too large to elect a group to represent everyone; country too diverse as is; 13 states can NOT be one
McCulloch v Maryland (1819)
the Supreme Court held that Congress has implied powers derived from those listed in Article I, Section 8. The “Necessary and Proper” Clause gave Congress the power to establish a national bank.
United States v Lopez (1995)
United States v. Lopez reaffirmed certain limits on congressional power. Ruled (5–4) that the federal Gun-Free School Zones Act of 1990 was unconstitutional because the U.S. Congress, in enacting the legislation, had exceeded its authority under the commerce clause of the Constitution.
Federalist 51 (1788)
James Madison
Checks and balances/separation of power
Says a govt should have 3 branches
Proposes that this govt would reduce the power of factions
BIG IDEA: The Constitution created a competitive policy- making process to ensure the people’s will is accurately represented and that freedom is preserved.
Planned Parenthood v. Casey (1992)
PA had restrictions against abortion that were still upheld after Roe v Wade
Zelman v. Simmons-Harris (2002)
Students in underperforming schools in Cleveland, Ohio were given vouchers to attend any school they wanted but many ended up using them to attend religious schools
Liberal thought it as a violation of the establishment clause b/c the govt was as a result paying for religious education
Conservatives saw this as upholding freedom of choice regarding education
Conservatives won
Obergefell v. Hodges (2015)
Conservatives believe that marriage and family is one of the chief cornerstones of society & the govt should prevent non-traditional marriages
Liberals believe that the govt should have no say in who someone can marry
