AP Government Supreme Court Cases & Foundational Documents

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Federalist #10

Federalist #10

This essay from the Federalist Papers proposed setting up a republic to solve the problems of a large democracy (anarchy, rise of factions which disregard public good). Teacher Description: factions/parties and the reasons republican government.

Brutus #1

Confederacy is the best form of government, not the republic because it is too big and will take advantage of its power. Teacher Description: anti-Constitution and State rights (anti-federalist)

The Declaration of Independence

The document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain. Teacher Description: equality and questions on representative government.

The Articles of Confederation

The original constitution that was severely weak, ratified in 1781 that governed America during the Revolutionary War. Replaced by the US Constitution in 1789. (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade) Teacher Description: The weakness of the Articles- weak central government.

The Constitution

A written plan of government which spells out the principles by which a government runs and the fundamental laws that govern a society. Teachers Description: Strong national government, federalism, and checks and balances.

Federalist #51

Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group. Teachers Description: Checks and Balances in the Constitution.

Letter from Birmingham Jail

A letter encouraging non-violent protests against segregation written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. Teachers Description: Civil Rights

Federalist #70

Stated by Hamilton that it is easier and more effective to have a singular, vigorous executive rather than a plural one. Teachers Description: The strong Executive.

Federalist #78

Written by Hamilton, Discusses the power of federal judicial review. Judiciary must depend on the other two branches to uphold its decisions. It argues that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution when there is inconsistency. Hamilton viewed this as a protection against abuse of power by Congress. Teacher Description: The reasons for the Independent Judiciary.

Exclusionary Rule (Mapp v. Ohio)

A law that prohibits the use of illegally obtained evidence in a criminal trial.

McCulloch v. Maryland

1819 - Court Case confirming the supremacy of national over state government. Chief Justice John Marshall limits power of the US Constitution and of the authority of the federal and state govts. States govt was opposed to establishment of a national bank and challenged the authority of federal govt to establish one. Supreme court ruled that power of federal govt was supreme that of the states and the states couldnt interfere. Teachers Description: Supremacy of Nation over states.

United States v. Lopez

1995 - The Commerce Clause of the Constitution does not give Congress the power to prohibit mere possession of a gun near a school, because gun possession by itself is not an economic activity that affects interstate commerce even indirectly. Teachers Description: Limits on Commerce Clause.

Engel v. Vitale

1962 - Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's school children every day. Teachers Description: No school sponsored religious activity.

Winsconsin v Yoder

1972 - Case in which the United States Supreme Court found that Amish children could not be placed under compulsory education past 8th grade. Teachers Description: Amish do not have to go to school- free exercise.

Tinker v. Des Moines

1969 - U.S. Supreme Court case that upheld a student's First Amendment right to engage in symbolic speech in school, although it an be limited if a disruption is caused. Teachers Description: Student free speech expression.

New York Times v. United States

1971 - Overturned the Justice Department's order to restrict free press in the interests of national security (cause : Pentagon Papers). The ruling firmly protected freedom of the press .If the government wishes to censor information before it is printed or published, it must be proven in court that the information will endanger national security. Teachers Description: Strong limits on prior restraints.

Schneck v. United States

1919 - decision upholding the conviction of socialist who had urged young men to resist the draft by mailing out pamphlets during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils. Teachers Description: Clear and present danger restrictions on freedom of speech.

Gideon v. Wainwright

1963 - The Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys. Teachers Description: Right to a lawyer for the poor.

Roe v. Wade

1973 - Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester. Teachers Description: Right to privacy and an abortion.

McDonald v. Chicago

2010 - The right of an individual to "keep and bear arms" protected by the 2nd Amendment. Teachers Description: Applies 2nd amendment to the States.

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. Teachers Description: Segregation is not legal.

Citizens United v. Federal Election Commission

2010 - landmark Supreme Court case that ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures. Teachers Description: Political spending is free speech so no limits.

Baker v. Carr

1962 - case that established 'one man one vote'. this decision created guidelines for drawing up congresional districts and guaranteed a more equitable system of representation to the citizens of each state. Teachers Description: One person, one vote in South.

Shaw v. Reno

1993 - The Court ruled that although it was a legitimate goal for state legislatures to take race into account when they draw electoral districts, in order to increase the voting strength of minorities, they may not make race the sole reason for drawing district lines. Teachers Description: Redistricting must take into account race and must comply with Voting Rights Act.

Marbury v. Madison

1803 - This case establishes the Supreme Court's power of Judicial Review. Teachers Description: Judicial review- can declare acts of either other branch as unconstitutional.