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Foundational American Legal Documents and Cases

May 4, 2025

Key Historical Documents and Supreme Court Cases

Foundational Documents

Federalist 10 (James Madison)

  • Main Ideas:
    • Advocates for a large republic to effectively manage the dangers of factions (interest groups).
    • Smaller governments are more vulnerable to majority tyranny.
    • A diverse republic dilutes any single faction's power, protecting minority rights.
  • Big Idea:
    • A strong, unified republic can better balance interests and maintain stability compared to fragmented state governments.

Brutus I

  • Main Ideas:
    • Anti-Federalist perspective cautioning against ratifying the Constitution.
    • Concerns about the federal government's powers leading to tyranny.
    • Calls for a Bill of Rights to protect individual freedoms.
    • Warns a vast republic cannot represent citizens adequately and risks judicial overreach.
  • Big Idea:
    • A powerful centralized government threatens personal liberties; smaller, localized governments better protect democracy.

Declaration of Independence

  • Main Ideas:
    • Asserts inalienable rights—Life, Liberty, and the Pursuit of Happiness.
    • Justifies revolution against oppressive governments.
    • Necessity of balancing governmental power to avoid tyranny.
  • Big Idea:
    • Establishes philosophical foundation for American democracy, emphasizing the right to alter oppressive governments.

Articles of Confederation

  • Main Ideas:
    • Created a loose alliance of sovereign states with a weak central government.
    • Lack of taxation power, an executive branch, or a national judiciary led to governance difficulties.
  • Big Idea:
    • Highlighted need for a stronger federal government, setting the stage for the Constitution.

Constitution and Bill of Rights

  • Main Ideas:
    • Establishes federal government structure with checks and balances among branches.
    • Bill of Rights ensures protection of individual liberties (Amendments 1-10).
  • Big Idea:
    • Addresses weaknesses of the Articles, creating a robust federal system with explicit citizen protections.

Federalist Papers

Federalist 51 (James Madison)

  • Main Ideas:
    • Advocates for separation of powers to prevent government overreach.
    • Division of Congress into House and Senate to balance legislative authority.
  • Big Idea:
    • Checks and balances system ensures no single branch dominates, protecting freedoms.

Federalist 70 (Alexander Hamilton)

  • Main Ideas:
    • Defends need for a strong single executive for efficient governance.
    • Single executive fosters accountability and decisive action in crises.
  • Big Idea:
    • A powerful presidency is essential for national unity and effective leadership.

Federalist 78 (Alexander Hamilton)

  • Main Ideas:
    • Describes Judiciary as least dangerous branch but emphasizes need for independence.
    • Lifetime appointments protect judiciary from political influence.
  • Big Idea:
    • Judicial review strengthens judiciary’s role in upholding Constitution.

Influential Writings

Letter from a Birmingham Jail (Martin Luther King Jr.)

  • Main Ideas:
    • Advocates for civil disobedience against unjust laws.
    • Criticizes complacency of moderates prioritizing order over justice.
  • Big Idea:
    • Equal protection clause (14th Amendment) provides constitutional basis for civil rights.

Landmark Supreme Court Cases

Marbury v. Madison (1803)

  • Constitutional Question:
    • Authority of the Supreme Court to order delivery of judicial commissions.
  • Significance:
    • Established judicial review, enhancing Court's role as a co-equal government branch.

McCulloch v. Maryland (1819)

  • Constitutional Question:
    • Authority of Congress to establish a national bank; state taxing federal institution.
  • Significance:
    • Reinforced federal supremacy, expanded power through implied powers.

Schenck v. US (1919)

  • Constitutional Question:
    • Conviction under Espionage Act vs. First Amendment right to free speech.
  • Significance:
    • Established “clear and present danger” test, limiting free speech in certain contexts.

Brown v. Board of Education (1954)

  • Constitutional Question:
    • Racial segregation in schools vs. Equal Protection Clause.
  • Significance:
    • Ended racial segregation in public schools, advancing civil rights.

Baker v. Carr (1961)

  • Constitutional Question:
    • Federal court authority in state legislative apportionment cases.
  • Significance:
    • Established redistricting cases as justiciable, leading to "one person, one vote."

Engel v. Vitale (1962)

  • Constitutional Question:
    • Voluntary prayer in schools vs. Establishment Clause.
  • Significance:
    • Prohibited state-sponsored prayer, reinforcing separation of church and state.

Gideon v. Wainwright (1963)

  • Constitutional Question:
    • Right to counsel in state courts via the Fourteenth Amendment.
  • Significance:
    • Guaranteed legal representation for defendants in state courts.

Tinker v. Des Moines (1969)

  • Constitutional Question:
    • Symbolic protest in public schools vs. First Amendment.
  • Significance:
    • Protected symbolic speech in schools.

New York Times Co. v. US (1971)

  • Constitutional Question:
    • Government prevention of classified information publication vs. First Amendment.
  • Significance:
    • Strengthened press freedom, ruling prior restraint unconstitutional.

Wisconsin v. Yoder (1972)

  • Constitutional Question:
    • Compulsory school attendance vs. Free Exercise Clause.
  • Significance:
    • Affirmed rights of religious communities over state education laws.

Roe v. Wade (1973)

  • Constitutional Question:
    • Recognition of a woman's right to terminate her pregnancy.
  • Significance:
    • Legalized abortion, balancing privacy rights with state interests.

Shaw v. Reno (1993)

  • Constitutional Question:
    • Racial gerrymandering vs. Equal Protection Clause.
  • Significance:
    • Prohibited racial gerrymandering, requiring strict scrutiny.

United States v. Lopez (1995)

  • Constitutional Question:
    • Gun-Free School Zones Act vs. Commerce Clause.
  • Significance:
    • Limited federal power, emphasizing non-economic activities.

Citizens United v. FEC (2010)

  • Constitutional Question:
    • Restricting corporate political spending vs. First Amendment.
  • Significance:
    • Expanded corporate spending rights, treating it as protected speech.

McDonald v. Chicago (2010)

  • Constitutional Question:
    • Second Amendment application to state and local governments.
  • Significance:
    • Incorporated the Second Amendment, protecting the right to bear arms at all government levels.