Federalist 10 (James Madison)
* Main Ideas:
* Advocates for a large republic to manage the dangers of factions (interest groups) effectively.
* Warns that smaller governments (e.g., individual states) are more vulnerable to majority tyranny.
* Argues that a diverse republic dilutes the power of any single faction, protecting minority rights.
* Big Idea:
* A strong, unified republic can better balance competing interests and maintain stability compared to fragmented state governments.
Brutus I
* Main Ideas:
* Written by Anti-Federalists to caution against ratifying the Constitution.
* Argues that the proposed federal government’s powers—especially taxation, military control, and the Elastic Clause—would lead to tyranny.
* Calls for a Bill of Rights to safeguard individual freedoms.
* Warns that a vast republic cannot adequately represent its citizens and risks judicial overreach.
* Big Idea:
* A powerful centralized government threatens personal liberties, and a smaller, localized government is better suited for protecting democracy.
Declaration of Independence
* Main Ideas:
* Asserts that all individuals possess inalienable rights—Life, Liberty, and the Pursuit of Happiness—rooted in Enlightenment ideals, particularly John Locke’s philosophy.
* Justifies revolution against governments that fail to protect these rights.
* Stresses the necessity of balancing governmental power to avoid tyranny.
* Big Idea:
* The Declaration establishes the philosophical foundation for American democracy and emphasizes the people's right to alter oppressive governments.
Articles of Confederation
* Main Ideas:
* Created a loose alliance of sovereign states with a weak central government.
* Lacked essential powers like taxation authority, an executive branch, or a national judiciary, leading to difficulties in governance and enforcement of laws.
* Big Idea:
* The Articles highlighted the need for a stronger federal government, setting the stage for the Constitution.
Constitution and Bill of Rights
* Main Ideas:
* Establishes the federal government’s structure, balancing powers among the Legislative, Executive, and Judicial branches with checks and balances.
* The Bill of Rights ensures the protection of individual liberties:
* Amendments 1-8: Guarantee rights like free speech, religion, and protection against unreasonable searches.
* Amendment 9: Protects rights not explicitly listed in the Constitution.
* Amendment 10: Reserves powers not delegated to the federal government for the states.
* Big Idea:
* The Constitution addresses the weaknesses of the Articles, creating a robust federal system with explicit protections for citizens.
Federalist 51 (James Madison)
* Main Ideas:
* Advocates for separation of powers to prevent government overreach.
* Justifies dividing Congress into the House and Senate to balance legislative authority.
* Big Idea:
* The Constitution’s checks and balances system ensures that no single branch dominates, protecting individual freedoms.
Federalist 70 (Alexander Hamilton)
* Main Ideas:
* Defends the need for a single, strong executive to ensure efficient governance.
* A single executive fosters accountability and decisive action, especially during crises.
* Big Idea:
* A powerful presidency is essential for national unity and effective leadership.
Federalist 78 (Alexander Hamilton)
* Main Ideas:
* Describes the Judiciary as the least dangerous branch but underscores the need for its independence.
* Lifetime appointments for justices protect the judiciary from political influence.
* Big Idea:
* Judicial review strengthens the judiciary’s role in upholding the Constitution and checking government powers.
Letter from a Birmingham Jail (Martin Luther King Jr.)
* Main Ideas:
* Advocates for civil disobedience against unjust laws that violate basic human rights.
* Criticizes the complacency of moderates who prioritize order over justice.
* Big Idea:
* The Fourteenth Amendment’s equal protection clause provides a constitutional basis for fighting discrimination and achieving civil rights.
Supreme Court Cases
Marbury v. Madison (1803): Established judicial review.
* Constitutional Question:
Does the Supreme Court have the authority to order the delivery of judicial commissions under the Judiciary Act of 1789?
* Constitutional Citation:
Article III, Section 2 (Judicial Powers)
* Significance:
Established the principle of judicial review, empowering the judiciary to strike down laws or actions that violate the Constitution. This decision enhanced the Court's role as a co-equal branch of government.
McCulloch v. Maryland (1819): Affirmed federal supremacy and implied powers under the Elastic Clause.
* Constitutional Question:
Does Congress have the authority to establish a national bank? Can a state tax a federal institution?
* Constitutional Citation:
Necessary and Proper Clause (Article I, Section 8)
Supremacy Clause (Article VI)
* Significance:
Reinforced federal supremacy and expanded federal power through the recognition of implied powers under the Necessary and Proper Clause.
Schenck v. US (1919): Limited free speech during wartime under the “clear and present danger” test.
* Constitutional Question:
Does the conviction of Charles Schenck under the Espionage Act for criticizing the draft violate his First Amendment right to free speech?
* Constitutional Citation:
First Amendment (Freedom of Speech)
* Significance:
Established the “clear and present danger” test, limiting free speech when it poses a direct threat to public safety or national security.
Brown v. Board of Education (1954): Ended racial segregation in public schools.
* Constitutional Question:
Does racial segregation in public schools violate the Equal Protection Clause of the Fourteenth Amendment?
* Constitutional Citation:
Fourteenth Amendment (Equal Protection Clause)
* Significance:
Declared that “separate but equal” educational facilities are inherently unequal, overturning Plessy v. Fergusonand advancing civil rights.
Baker v. Carr (1961): Enabled federal courts to intervene in redistricting cases.
* Constitutional Question:
Do federal courts have the authority to decide cases involving state legislative apportionment?
* Constitutional Citation:
Fourteenth Amendment (Equal Protection Clause)
* Significance:
Established that redistricting cases are justiciable, leading to the “one person, one vote” principle in legislative representation.
Engel v. Vitale (1962): Prohibited school-sponsored prayer.
* Constitutional Question:
Does a voluntary prayer in public schools violate the Establishment Clause of the First Amendment?
* Constitutional Citation:
First Amendment (Establishment Clause)
* Significance:
Prohibited state-sponsored prayer in public schools, reinforcing the separation of church and state.
Gideon v. Wainwright (1963): Guaranteed the right to legal counsel in criminal cases.
* Constitutional Question:
Does the Sixth Amendment's right to counsel apply to state courts through the Fourteenth Amendment?
* Constitutional Citation:
Sixth Amendment (Right to Counsel)
Fourteenth Amendment (Due Process Clause)
* Significance:
Guaranteed the right to legal representation for defendants in state courts, even if they cannot afford an attorney.
Tinker v. Des Moines (1969): Protected student free speech in schools.
* Constitutional Question:
Does the prohibition of symbolic protest (wearing armbands) in public schools violate the First Amendment?
* Constitutional Citation:
First Amendment (Freedom of Speech)
* Significance:
Protected symbolic speech in schools, as long as it does not cause substantial disruption.
New York Times Co. v. US (1971): Strengthened freedom of the press.
* Constitutional Question:
Does the government’s attempt to prevent the publication of classified information violate the First Amendment’s freedom of the press?
* Constitutional Citation:
First Amendment (Freedom of the Press)
* Significance:
Strengthened the protection of press freedom, ruling that prior restraint is unconstitutional unless the government proves an imminent threat.
Wisconsin v. Yoder (1972): Protected religious freedom in education.
* Constitutional Question:
Does a state law requiring compulsory school attendance violate the First Amendment’s Free Exercise Clause when applied to religious practices?
* Constitutional Citation:
First Amendment (Free Exercise Clause)
* Significance:
Prioritized religious freedom over state education laws in certain circumstances, affirming the rights of religious communities.
Roe v. Wade (1973): Legalized abortion under the right to privacy.
* Constitutional Question:
Does the Constitution recognize a woman’s right to terminate her pregnancy?
* Constitutional Citation:
Fourteenth Amendment (Right to Privacy inferred from the Due Process Clause)
* Significance:
Legalized abortion and established a framework balancing a woman’s right to privacy with state interests in regulating abortion.
Shaw v. Reno (1993): Addressed racial gerrymandering.
* Constitutional Question:
Does redistricting based on race violate the Equal Protection Clause of the Fourteenth Amendment?
* Constitutional Citation:
Fourteenth Amendment (Equal Protection Clause)
* Significance:
Prohibited racial gerrymandering, requiring redistricting plans to meet strict scrutiny under the Equal Protection Clause.
United States v. Lopez (1995): Limited federal power under the Commerce Clause.
* Constitutional Question:
Does the Gun-Free School Zones Act exceed Congress’s power under the Commerce Clause?
* Constitutional Citation:
Article I, Section 8 (Commerce Clause)
* Significance:
Limited federal power by ruling that the Commerce Clause does not cover non-economic activities like carrying firearms in school zones.
Citizens United v. FEC (2010): Expanded corporate political spending rights.
* Constitutional Question:
Does restricting corporate political spending violate the First Amendment’s protection of free speech?
* Constitutional Citation:
First Amendment (Freedom of Speech)
* Significance:
Expanded corporate political spending rights, emphasizing that political spending is a form of protected speech.
McDonald v. Chicago (2010): Incorporated the Second Amendment to the states.
* Constitutional Question:
Does the Second Amendment apply to state and local governments through the Fourteenth Amendment’s Due Process Clause?
* Constitutional Citation:
Second Amendment (Right to Bear Arms)
Fourteenth Amendment (Due Process Clause)
* Significance:
Incorporated the Second Amendment to the states, ensuring that the right to bear arms is protected at all levels of government.