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APGOPO required documents/cases

Terms in this set (24)

The Declaration of Independence
the document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain; written by Jefferson(drew from locke and rousseau); central principles: all men are equal and have unalienable rights, gov based on consent of people
The Articles of Confederation
1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade); established a union of independent states in which each state remains its sovereignty, rights, and power
The Constitution of the United States
Signed September 17, 1787; ratified by the required nine states June 21, 1788
*Drafted at the Constitutional Convention in Philadelphia in 1787
*Included a preamble and seven articles
*Created a stronger federal government
*The Bill of Rights constitutes the first ten amendments, and it protects individual rights and freedoms; Article 1(legislative), Article 2(executive) Article 3(judicial) Article 4(states, citizenship), Article 5(amendment process), Article 6(supremacy clause/religious tests), Article 7(only need 9 states to ratify constitution)
Federalist No. 10
An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.
Brutus No. 1
Argued for a confederation of small republics because it would better protect individual liberty. The proposed U.S. Constitution created a dangerously powerful central government.
Federalist No. 51
Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group; checks and balances(veto)
Federalist No. 70
Hamilton argues that a strong executive is essential in the new government
Federalist No. 78
written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions; is the weakest branch(no power of purse or sword); mentions judicial review
Letter from Birmingham Jail
A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. He was disappointed more Christians didn't speak out against racism; freedom of assembly
Marbury v. Madison (1803)
Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court.
McCulloch v. Maryland(1819)
Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law
Schenck v. US (1919)
Unanimously upheld the Espionage Act of 1917 which declared that people who interfered with the war effort were subject to imprisonment; declared that the 1st Amendment right to freedom of speech was not absolute; free speech could be limited if its exercise presented a "clear and present danger."
Brown v. Board of Education of Topeka(1954)
Supreme Court ruling the overturned the Plessy v Ferguson Supreme Court Case of 1896. "Separate but equal" is Unconstituational in the field of public education
Baker v. Carr (1962)
"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's judicial activism.
Engel v. Vitale (1962)
Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.
Gideon v. Wainwright (1963)
Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.
Tinker v. Des Moines (1969)
Students in an Iowa school were suspended for wearing black armbands to protest the Vietnam war. Ruled that this suspension was unconstitutional, and that public school students do not "shed their constitutional rights at the schoolhouse door."
New York Times v. US (1971)
"Pentagon papers" nixon could not use executive power when it came to a case threatening nations security; had to hand over tapes
Wisconsin v. Yoder (1972)
The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the eighth grade because it would violate long-held religious beliefs.
Roe v. Wade (1973)
(Burger) Certain state criminal abortion laws violate the Due Process clause of the 14th Amendment, which protects against state action the (implied) right to privacy in the Bill of Rights (9th amendment). Abortion cannot be banned in the 1st trimester (1st 3 months), states can regulate the 2nd trimester, 3rd trimester - abortion is illegal except to save the life of the mother
Shaw v. Reno (1993)
Legislative redistricting must be conscious of race and ensure compliance with the Voting Rights Act of 1965; racial gerrymandering
United States v. Lopez (1995)
The national government's power under the commerce clause does not permit it to regulate matters not directly related to interstate commerce (in this case, banning firearms in a school zone)
McDonald v. Chicago (2010)
The Second Amendment that allows the people to keep and bear arms applies to state governments as well as the federal one; selective incorporation
Citizens United v. FEC (2010)
corporations have a 1st Amendment right to expressly support political candidates for Congress and the White House
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