AP GOV required cases and documents

Marbury v. Madison (1803)

Issue - Judicial Review.
Does the court have the authority under the Judiciary Act of 1789 to grant a writ of mandamus for judicial appointment? - NO
"Midnight Judges" - William Marbury did NOT receive his appointment as a Judge. A clause within the Judiciary Act of 1789 was declared to be unconstitutional. Established the principal of Judicial Review; empowering the Court to nullify an act of the legislative or executive branch that violates the Constitution.

McCulloch v. Maryland (1819)

Issue - Supremacy Clause
Does the federal government have implied powers and supremacy under the necessary and proper and supremacy clause? - YES
Congress established a national bank. Viewing it as an overreach of federal power, Maryland began taxing notes issued by the bank. Can Congress establish a bank? Can a state tax the federal government? The court ruled the Second Bank of the U.S. is allowed under the "necessary and proper clause". Denying Maryland the right to tax the bank. Congress has implied powers necessary to implement its enumerated powers. Also, established supremacy of the U.S. Constitution and federal laws over state laws.

US v Lopez (1995)

Issue - Commerce Clause.
Does Congress have authority under the Commerce Clause to outlaw guns near schools? - NO
A student brought a gun to his school and was prosecuted under the Gun-Free School Zones Act. The Supreme Court overturned his conviction. Congress may NOT use the commerce clause to make possession of a gun in a school zone a federal crime, introducing a new phase of federalism that recognized the importance of state sovereignty and local control.

Engel v. Vitale (1962)

Issue - Establishment Clause.
Does allowing a non-compulsory prayer in a public school violate the Establishment Clause? - YES
A parent opposed the reciting of a prayer in the New York Hyde park schools. Although the prayer was non-compulsory, the court ruled it violated separation of church and state. Government-sponsored prayer in public school violates the Establishment Clause. Establishment Clause incorporated to apply to the states.

Wisconsin v. Yoder (1972)

Issue - Free-Exercise Clause.
Does a state law requiring students to attend school even though it's against their religion beliefs violate the free-exercise clause? - YES
An Amish family was convicted and fined for violating a state law that required children under 16 to attend a formal school. They appealed to the Supreme Court and argued it was against their religion. The Court agreed - compelling Amish students to attend school past the eighth grade violates the free-exercise clause. Free exercise clause incorporated.

Tinker v. Des Moines (1969)

Issue - Freedom of Symbolic Speech.
Does a ban on students wearing black armbands for symbolic protest violate the 1st Amendment? - YES
Several students were suspended for wearing black armbands to protest the Vietnam War. The students sued the school district and won. Symbolic speech cannot be prohibited by schools; students do not give up their constitutional rights at the school house door.

New York Times v US 1971

Issue - Freedom of the Press.
Can the government block printing of classified information to protect national interests? - NO
The government tried to block the printing of the "The Pentagon Papers", a classified history of U.S. involvement in Vietnam. The court sided with the newspaper and ruled that the "Pentagon Papers" could be published and established a presumption against prior restraint - even in cases involving national security.

Schenck v. US (1919)

Issue - Freedom of Speech.
Does the government have the right to arrest someone publicly speaking out against the military draft? - YES
A man was convicted for violation of the Espionage Act by publicly opposing the World War I draft. His conviction was upheld which established the clear-and-present-danger test as restriction of free speech; you can't yell "fire" in a crowded theatre. Freedom of speech is NOT absolute.

Citizens United v FEC 2010

Issue - Campaign spending as a product of Free Speech (1st Amendment)
Does the Bipartisan Campaign Reform Act (BCRA) violate free speech? - YES
A conservative group wanted to advertise a film that was critical of Hillary Clinton shortly before the 2008 democratic primary. This advertising was in violation of the electioneering communication clause in the Bipartisan Campaign Reform Act (BCRA). The court ruled that the BCRA was unconstitutional, striking down not only the electioneering clause but also the limits that were placed on "soft money" spent by corporations to support candidates. This decision established that political spending by corporations, associations, and labor unions is a form of protected free speech under the 1st Amendment.

Baker v Carr 1962

Issue - Equal protection - gerrymandering - one person, one vote
Can the Supreme Court make a ruling on the constitutionality of legislative districts? - YES
Several people sued the Tennessee secretary of state because the populations of the congressional districts were vastly different. The court agreed. Congressional districts must be drawn with relatively equal populations. Led to the establishment of "one person, one-vote". Ensured that urban constituencies were represented proportionally equal to rural area constituents.

Shaw v Reno 1933

Issue - Equal protection - racial gerrymandering
Does a congressional district drawn based on race, violate the equal protection clause? - YES
Congressional district 12 in North Carolina was drawn in a 160-mile snake-like pattern to include exclusively African-American neighborhoods along interstate 85. It was ruled that legislative redistricting must be conscious of race and ensure compliance with the Voting Rights Act of 1965. Race may be taken into account when redistricting, but it cannot be the sole reason.

Gideon v Wainwright 1963

Issue: Right to an Attorney.
Does a state prosecuting someone without an attorney violate the 6th amendment right to counsel? - YES
A man was arrested for theft. He asked to be appointed a lawyer because he could not afford one. The Florida state judge refused, and the man was convicted. He appealed his case to the Supreme Court and won. Established the right to an attorney for the poor. The 6th Amendment is now incorporated though the due process clause of the 14th Amendment

Roe v Wade 1973

Issue - Right to Privacy.
Do Texas's anti-abortion laws violate a women's constitutional right to privacy to have an abortion? - YES
A women brought suit against Texas to have an abortion and won. Extended the right to privacy to a women's decision to have an abortion, while recognizing state interests in potential life and eternal health. Women have an absolute right to an abortion in the first trimester of pregnancy; the states can impose restrictions in the second and third trimesters.

McDonald v Chicago 2010

issue - Right to Bear Arms.
Does the 2nd amendment apply to the states? - YES
Citizens challenged the strict guns laws under the argument that they were needed for self-defense and won. The 2nd Amendment right to keep and bear arms for self-defense in one's home is incorporated to apply to the states through the due process clause of the 14th Amendment.

Brown v Board of Education 1954

Issue - Equal Protection Clause
Do state segregation laws violate the equal protection clause? - YES
A girl brought suit for admission to an all-white public school challenging segregation and won. The "separate but equal" doctrine as it applies to public education violates the equal protection clause of the 14th Amendment and is unconstitutional; separate schools are inherently unequal - overturns Plessy v. Ferguson.

Declaration of Independence

• To declare the 13 colonies independent from Britain.
• Provides Justification for the break from Great Britain / Declaration of natural rights / A foundation for popular sovereignty - "consent of the governed" / A list of 27 grievances against King George III
• "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the pursuit of Happiness."
• "these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown"

Articles of Confederation

• To unify the 13 colonies under a new national government.*Note - This new government will fail because of a lack of military and taxing powers.
• Contains 13 articles outlining the new national government. Emphasized state sovereignty (power remained with the states) / Unicameral Congress (one chamber legislature)
• Weaknesses - Limited power to tax / No national judiciary / Congress could not raise or maintain an army / Required consent of all 13 states to make changes / No regulation of commerce (business) between the states

Constitution

• To replace the Articles of Confederation with a new national government that gives more power to the central government while maintaining some powers to the states (federalism).
• 7 Articles / 3 branches:congress, president, judiciary / Bicameral Congress (two chamber legislature) / 27 Amendments added after the original articles / Supreme law of the land.
• "We the People of the United States, in Order to form a more perfect union..... establish Justice, promote the general Welfare, and secure the blessings of Liberty"

Federalist Papers #10

• To discuss the issue of factions (interest groups and political parties) within the government.
• Although factions are not desired, they are inevitable - to take away factions would be to take away freedom "Liberty is to faction what air is to fire". If you can't eliminate factions, you must control their effects.
• Control Their Effects - Large republic - In a large republic, a variety of groups are competing for power and thus no one group will overtake the rest (Pluralism).
• Control Their Effects - Elected representatives - Electing "fit characters" who place the public good ahead of selfish interests will limit faction control.
• Control Their Effects - Dispersing power - Dispersing power across the states and a national government helps prevent majority interest from gaining control.

Federalist Papers 51

• To make an argument in favor of separation of powers and checks and balances in government. These two principles will control abuses by the majority. Also, each branch should stand independent from the other in order to function to its full extent.
• "In framing a Government which is to be administered by men over men... you must first enable the Government to control the govern; and in the next place, force it to control itself...Ambition must be made to counteract ambition".

Federalist Papers 70

• To make an argument in favor of a single executive (president).
• Energy - "the most necessary qualification" - an energetic president will respond to a crisis quickly.
• Unity - "Wherever two or more persons are engaged in any common enterprise, there is always danger of difference of opinion." If the executive consists of two people, they may form two different opinions and split the people.
• Accountability - "if it be lodged in the hands of one man...the very circumstance of his being alone, will be more narrowly watched and more readily suspected". One person can be watched and held accountable more easily than two.

Federalist papers 78

• To make an argument in favor of an independent judicial branch.
• Least Dangerous Branch - "The Executive holds the sword... The legislature commands the purse, The judiciary, on the contrary, has no influence over either the sword or the purse" .As a result the judiciary would be the least dangerous.
• Life Tenure - "adherence to the Constitution cannot be expected from judges who hold their offices by temporary commission." Life terms ensure independence.
• Judicial Review - "A constitution is and must be regarded by the judges, as a fundamental law. It therefore belongs to the judges to ascertain its meaning, as well as the meaning of any act proceeding from the legislative body."

Brutus 1

• Written by the Anti-federalists to oppose ratification of the Constitution and maintain a state centered government. *Important in influencing the addition of the Bill of Rights. Also, encouraged a broad, participatory democracy.
• To argue against a strong central government. The country would be too large for one central government and the government would have too much power.
• Country is too large: (1) Too many opinions - "the interests of the people should be similar. If not...there would be a constant clashing of opinions".
• People wouldn't know their leaders - In such a large area, leaders would be detached from the people and are more likely to promote self-interests.
• Too much power - The "necessary and proper clause" and "supremacy clause" gives too much power to the central government.

Letter from Birmingham Jail

• The fight for social justice in the United States (Dr. King)
• During a nonviolent march in Alabama, Dr. King was arrested. While in jail he argues against the idea of "wait".
• To argue that all people should be equal under the law, as embodied in the equal protection clause of the 14th Amendment.
• The steps of civil disobedience and nonviolent campaigns (1) collection of the facts to determine injustices (2) negotiation (3) self-purification (4) direct action.