Foundational Documents Flashcards

1
Q

What is the main point of Brutus I?

A

The US is too large to be a republic and poses a danger to state authority and individual liberties.

Focus on the ‘necessary and proper’ clause as well as the ‘supremacy’ clause. The potential for federal government overreach threatens civil liberties.

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2
Q

What does Federalist 10 argue?

A

A strong republic is better than factions, preventing the tyranny of oppression that factions will inevitably bring.

Emphasizes the dangers of factionalism in a large republic.

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3
Q

What are the main points of the Declaration of Independence?

A

Establishes three branches of government, protects natural rights, and opposes England.

Highlights the foundational principles of American democracy.

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4
Q

What characterizes the Article of Confederation?

A

Limited central government, state sovereignty, unicameral legislature, inability to enforce taxation or maintain a standing army.

Weaknesses were exposed by Shay’s Rebellion.

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5
Q

What is the main point of the Constitution?

A

Establishes three branches of power, organizes powers through federalism, and creates checks and balances as the Supreme Law.

A foundational document for US governance.

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6
Q

What does Federalist 51 advocate for?

A

Pro-separation of powers and pro-checks and balances; federalism helps prevent abuse of power.

Emphasizes the importance of institutional safeguards.

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7
Q

What is the main point of Federalist 70?

A

The executive branch should consist of one person to act quickly; legislative branch must act slowly.

Advocates for adequate power in each branch to prevent tyranny.

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8
Q

What argument does Federalist 78 present regarding the judiciary?

A

Defends lifetime appointments for justices to maintain impartiality and argues that judicial review strengthens the judiciary.

Highlights the role of the judiciary as the ‘weakest’ branch.

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9
Q

What is the duty of the oppressed according to ‘Letters from a Birmingham Jail’?

A

It is the duty of the oppressed to seek equality.

Segregation is deemed amoral, and white moderates are criticized for inaction.

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10
Q

What does the First Amendment protect?

A

Freedom of speech, religion, press, petition, and assembly.

Fundamental rights essential to democracy.

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11
Q

What does the Second Amendment guarantee?

A

The right to bear arms.

A significant aspect of American gun rights.

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12
Q

What does the Fourth Amendment require?

A

No search or seizure without a warrant.

Protects citizens’ privacy rights.

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13
Q

What rights does the Fifth Amendment ensure?

A

Due process rights.

Protects against self-incrimination and double jeopardy.

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14
Q

What is guaranteed by the Sixth Amendment?

A

The right to an attorney and a speedy trial.

Essential for fair legal representation.

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15
Q

What does the Eighth Amendment prohibit?

A

Cruel and unusual punishments.

A safeguard against inhumane treatment.

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16
Q

What does the Ninth Amendment state?

A

Reserves rights of citizens not specifically mentioned by the Constitution.

Acknowledges unenumerated rights.

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17
Q

What is the Tenth Amendment about?

A

Powers not granted by the Constitution are reserved for the states.

Emphasizes state sovereignty.

18
Q

What does the Thirteenth Amendment accomplish?

A

Abolishes slavery except as punishment for a crime.

A landmark change in civil rights.

19
Q

What rights are guaranteed by the Fourteenth Amendment?

A

Equal protection, due process, and citizenship.

A key amendment for civil rights.

20
Q

What does the Fifteenth Amendment guarantee?

A

Suffrage for Black male citizens.

Important for voting rights.

21
Q

What does the Eighteenth Amendment establish?

A

Prohibition.

A controversial period in US history.

22
Q

What does the Nineteenth Amendment guarantee?

A

Women’s suffrage.

A milestone for gender equality in voting.

23
Q

What does the Twenty-first Amendment do?

A

Repeals prohibition.

Ends the Eighteenth Amendment’s restrictions.

24
Q

What does the Twenty-second Amendment establish?

A

Term limits for Presidents.

Prevents any President from serving more than two terms.

25
What does the Twenty-fourth Amendment prohibit?
Poll tax in federal elections. ## Footnote Aimed at removing barriers to voting.
26
What does the Twenty-sixth Amendment state?
Eighteen-year-olds can vote. ## Footnote Lowers the voting age from twenty-one.
27
What was the outcome of Marbury v. Madison?
Establishes judicial review. ## Footnote A landmark case defining the role of the judiciary.
28
What was decided in McCulloch v. Maryland?
Implied powers and federal supremacy established; states cannot tax federal buildings. ## Footnote Reinforces the power of the federal government.
29
What was the outcome of United States v. Lopez?
Congress does not have power to regulate guns near schools due to the commerce clause. ## Footnote Limits federal power under the Commerce Clause.
30
What was decided in Engel v. Vitale?
Prohibited state-sponsored prayer in public schools. ## Footnote Upholds the Establishment Clause.
31
What was the ruling in Wisconsin v. Yoder?
Wisconsin cannot require Amish parents to send children to school beyond 8th grade. ## Footnote Protects religious beliefs under the Free Exercise Clause.
32
What was the outcome of Tinker v. Des Moines?
Students have the right to free speech on campus as long as it is not unconstitutional speech. ## Footnote Supports student expression rights.
33
What was decided in NYT v. United States?
Prior restraint of press by government is illegal. ## Footnote Strengthens freedom of the press.
34
What was the ruling in Schenck v. United States?
Not all speech is protected; sets 'clear and present danger' test. ## Footnote Defines the limits of free speech.
35
What was the outcome of Gideon v. Wainwright?
Right to an attorney for the poor in state felony cases. ## Footnote Strengthens the right to legal representation.
36
What was decided in McDonald v. Chicago?
Right to bear arms selectively incorporated into states. ## Footnote Extends Second Amendment protections to state laws.
37
What was the ruling in Brown v. Board of Education?
Unanimously holds that segregation in public schools is illegal. ## Footnote Overturns Plessy v. Ferguson.
38
What was decided in Citizens United v. Federal Election Commission?
Political spending by corporations is protected speech. ## Footnote Led to the formation of Super PACs.
39
What was the outcome of Baker v. Carr?
'One man, one vote' – state legislatures must be as equal as possible. ## Footnote Addresses apportionment issues.
40
What was the ruling in Shaw v. Reno?
Districts cannot be drawn along racial lines. ## Footnote Protects against racial gerrymandering.