Section 3 Review
Creating A Nation
Federalist Era
Judicial Review
WWI Cases
Near Vs. Minnesota

Creating A Nation
What were the events that led to the meeting of the Constitutional Convention?

When and where did the Constitutional Convention meet?
Who presided over the convention?
Who is referred to as the father of the Constitution? Why?
What person put the Constitution in its final form?

Which of the 13 original states didn't attend the Constitutional Convention? Why didn't it?

A rich Virginia landowner pushed to stop the importation of slaves.
Who was he?

How were slaves to be counted in the new Constitution?
How did that affect representation in Congress?

Three people stayed until the end and refused to sign the Constitution. Who were they?

What did George Mason propose regarding a Declaration of Rights?

Only one person from New York signed the Constitution. Who?

Among those who didn't attend the Constitutional Convention were John Adams and Thomas Jefferson. Why weren't they there?

Almost immediately, two political parties emerged.
What were they and what were their positions regarding the new government? Who were the leaders of each faction?

After the Constitution went to the states for ratification, what emerged as the major objection?

Essays appeared in newspapers in support of ratification of the Constitution: What were they called? Who was responsible for them and wrote most of them? Who else wrote some of the essays?

Two states whose support was necessary barely approved the Constitution. Which were they? How close was the voting?

Where did the first Congress under the new government meet?
When and where did Washington take the oath of office as president?

How did the Bill of Rights come to be?
Who pushed them through the Congress?

What was James Madison's original plan for the amendments?

How many amendments did James Madison introduce in the House?
How were they changed in the House and then in the Senate?

How did the third amendment in the original 12 end up as the first?
With what did the original first one deal?
What happened to the original second amendment?
With what does it deal?

What was the change in the wording of what was to become the First Amendment, and why was that so significant?

What later amendment was approved to expand the authority of the First Amendment by bringing the states under the Bill of Rights?

How many people signed both the Declaration of Independence and the Constitution? What one name from among them is recognizable?

Be sure you know who these people are and the roles they played in the creation of the new nation:

Benjamin Franklin
Alexander Hamilton
Thomas Jefferson
James Madison
George Mason
Gouverneur Morris
George Washington

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Federalist Era
A group of farmers in Massachusetts rebelled in 1786 and 1787?
What was the concern of the farmers? What did they accomplish?
Who was the leader?

In 1794, settlers in Western Pennsylvania revolted.
What was at issue here, and what was the rebellion called?

Why was the national debt such a big issue?
What was Alexander Hamilton's plan for repaying the debt?
What about the plan was so controversial?

How did the nation's capital come to be located in Virginia?

Why did the Federalists pass a Sedition Act?
What did the act make unlawful?

Who was Benjamin Franklin Bache?
What did he say about President Washington?
What law was he charged under?

Among those convicted under the Sedition Act was Matthew Lyon, a Revolutionary War hero and member of Congress. What did he do?

Perhaps the most ridiculous prosecution was that of Luther Baldwin.
What did he do?

Who wrote this?: "I hold it that a little rebellion, now and then, is a good thing, and as necessary in the political world as storms in the physical..."

The case that was to have lasting impact was the Croswell case.
What law was Croswell charged under? Why was this so ironic?
Who presented Croswell's case on appeal?

How did the New York law change because of the Croswell case?

What was the essence of the remark by Alexander Hamilton about Aaron Burr? Where did it appear? How did it result in a duel?
What happened at the duel?

Why weren't the Alien and Sedition Acts declared unconstitutional?
What was the concept enunciated by Chief Justice John Marshall in 1803? What was the name of the case?

Who wrote the Kentucky and Virginia Resolutions?
What was the issue involved? What did they contend?
What has been the application of that position throughout our history?

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Judicial Review
What is judicial review?
In what case and in what year was judicial review enunciated?
Who was the chief justice?

What was the issue in Marbury v. Madison?
What was the ruling in the case?
What is a writ of mandamus?
Absent a writ of mandamus, how can courts enforce their authority?

What was the fact situation in Fletcher v. Peck?
What did Justice Marshall rule in Fletcher v. Peck?
What was the significance of the ruling?

What was the issue in Barron v. Baltimore and how did Chief Justice Marshall rule in the case?
Why was this such an important case?

What amendment was passed to bring the Bill of Rights under the provisions of the Constitution? When?
What is due process?

How long did it take and in what case did the Supreme Court recognize that the 14th Amendment had made the First Amendment applicable to the states?

Who was Joseph Pulitzer?
What was the issue involved in the Pulitzer case?
Under what obscure law was the World and its editors indicted?
What did the Supreme Court rule in the case?
What is the legacy of Joseph Pulitzer today?

Who was Robert R. McCormick?
What was the issue that led to his confrontation with Henry Ford?
What did The Chicago Tribune say about Henry Ford?
Ford sued for how much?
What did the term "a Henry Fordism" refer, and why?
What was the outcome of the trial?
What did McCormick say to Ford years later?

McCormick and the Tribune were sued by the City of Chicago and the mayor, William Hale Thompson.
What was the significance of what McCormick did in those cases?

What was the Missouri Compromise?
What was the Kansas-Nebraska Act?

Who was Dred Scott and what were the facts in his case?
How did the U.S. Supreme Court rule in the case?
How is that decision judged now, in retrospect?

What was the fact situation in Plessy v. Ferguson?
What was the ruling?
Who was the lone justice who sided with Plessy, and what did he say?

What were the so-called Jim Crow laws that were set in motion as a result of the ruling in Plessy v. Ferguson? How widespread were they?

What was the issue in Brown v. Board of Education?
Who was the chief justice at the time and what role did he play in the decision?
Who was the lawyer for the NAACP?
What was the significance of the decision in the context of later advances in civil rights?

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WWI Cases

Why was socialism so widespread during this time?
Why were there so many labor disputes?
How did people such as John D. Rockefeller make so much money?

What happened during the Haymarket, Pullman and Ludlow strikes?
What was the IWW and who was Big Bill Haywood?
What newspaper was bombed? When and why?
What happened to President McKinley?

When and where did World War I start?
When did the United States enter the war?
Who was the United States president at the time?
When was the armistice signed? How do we observe that date now?

How many Americans were involved in the war?
It was a devastating war with millions killed. How many?
How many Americans were killed?

What did the Espionage Act make unlawful?
What did the Sedition Act make unlawful?
What were the penalties?

Why was the United States involvement in the war so divisive?
What happened to people who opposed the war?

What was Rose Pastor Stokes convicted of?
Women for the first time played a major role in the opposition to the war. Who were some of them?
The best known among them was Emma Goldman.
What happened to her?

How did the government use Title XII of the Espionage Act?
What role did Albert S. Burleson play?

What were the Palmer Raids and what was the justification for them?

Be sure you have a basic understanding of each of the cases involved -- that is, the fact situation regarding the cases, the issues, the opinions in each of them, how the vote went, etc. The cases are:

Schenck, Frohwerk, Debs, Abrams, Berger (two cases), Gitlow, Whitney, Stromberg

The majority opinion in the Schenck case was by Justice Oliver Wendell Holmes. Who was he? A great phrase in the history of law came out of this opinion. What is it? A great analogy also. What is it?

But, by November of 1919 -- the Schenck case had been in March -- Justice Holmes had changed his mind. What made him do that?
What was the essence of his dissenting opinion in the Abrams case?

Who was (aside from his case) Eugene V. Debs?
What did Debs do that led to his conviction?
Why was the government so eager to prosecute him?
What did he do while he was in prison?

Victor Berger actually won his case for violation of the Sedition Act, but he won it for something other than a challenge to the constitutionality of the case. What was that?

Who was Kenesaw Mountain Landis? How did he get that name?
What did he say about Germans in the Berger case? What did he become famous for later?

Berger lost the second case before the court. What was that about?

The Gitlow case is significant because for the first time the U.S. Supreme Court heard a case from a state court involving the First Amendment. The year: 1925. What state law was involved? What did Justice Edward T. Sanford give as the justification for the court hearing the case? How did the court rule on the Gitlow case?

The chief justice at the time was William Howard Taft.
What was so unusual about him being the chief justice?

What was criminal anarchy?

Charlotte Anita Whitney was convicted under California's Criminal Syndicalism Act. In general terms, what is criminal syndicalism?
What did Whitney do that led to her prosecution?

What were the Red Flag Statutes? Why were states so concerned about red flags? That is, what did they symbolize?

Yetta Stromberg won her case -- the first time the United States Supreme Court overturned a state law dealing with the First Amendment. The date: May 18, 1931. But, the opinion by the new chief justice, Charles Evans Hughes, was a narrow one. Explain:

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Near Vs. Minnesota
What was the law involved in this case, and what did it provide for?

Why did the legislature in Minnesota pass such a law?
Who was the law originally aimed at?

Who was Jay Near and what was he doing that aroused officialdom?

How did the case get to the United States Supreme Court?

Who was Robert R. McCormick?
What role did he play in this case?
What kind of support did he get from journalists of his day?

What happened in the Supreme Court that turned out to be of significant historical importance? Who left the court and who came on?
How did these changes affect the decision in Near?

Who wrote the majority opinion in Near?
What did it say?

Why is this such an important case?
What concept in law was decided by this decision?
Could that be changed? How?

Who was Fred Friendly?

You can study the case on the Internet:
Near v. Minnesota ex rel. Olson, 283 U.S. 697 (1931)

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