AP GOV REQUIRED CASES UNIT 6

Marbury v. Madison (1803)

• Judicial review

• Writ of mandamus

• Supremacy clause

• Marbury wanted his official appointment but it wasn’t delivered before new president took office.

• 4-0 against Marbury

Shenck v. US (1919)

• Espionage act - limited rights during times of war

• Shenck uses first amendment right to freedom of speech to go against draft and tell others to do the same

• He’s arrested

• Unanimous against him, can be limited in times of war

• “Shouting fire in a theatre and causing a panic”

Brown v. Board of Education (1954)

• Schools were segregated, “separate but equal” argument

• All black school much further than white school, denied entry

• Argued segregation in public schools violates 14th amendments equal protection clause

• Unanimous in favor of Brown (funded by NAACP with lawyers who had been winning segregation cases for years)

Engle v. Vitale (1962)

• Public schools in NY saying prayer, 2 Jewish families sued

• 1st amendment establishment clause-right to religious worship

• In favor of parents, cannot promote one religion over another

Gideon v. Wainright (1963)

• Man forced to defend himself in count, denied attorney

• 6th amendment right to attorney

• 14th amendment due process clause

• Selective incorporation

• Unanimous for Gideon

Tinker v. Des Moines (1972)

• Vietnam war was controversial, students wore black armbands in protest

• School said no to this and suspended them

• First amendment right to freedom of speech, specifically symbolic speech

• 7-2 Tinker, students retain rights in public schools but can be limited if harmful or disrupts learning environment

New York Times v. US (1971)

• Has to do with Espionage act, government tried to block publication of the Pentagon Papers

• Eventually ruler in favor of NYT, it was a violate of their first amendment right to freedom of press

Wisconsin v. Yoder (1972)

• Amish/Mennonite families taking kids out of school after 14, they tried to convict them

• Amish argued faith & way of life are inseparable

• SC reversed circuit court decision

• 7-0 Yoder, first amendment free exercise clause

Roe v. Wade (1973)

• Jane Roe wanted to terminate pregnancy, which is a felony in Texas

• Use of 9th and 14th amendment

• 7-2, for Roe. Women have rights beyond those listed

• Dobbs v. Jackson (2022) overturned this

McDonald v. Chicago (2010)

• Chicago had a handgun ban, McDonald sued under 14th amendment

• District court supported Chicago, SC ruled in favor of MCDonald

• (DC v. Heller acted as precedent)

• Under 14th amendment due process clause and selective incorporation