AP GOPO SCOTUS Cases (The Sequel)

With the info Mrs. Russell posted & precedents from CollegeBoard

McCulloch v. Maryland

Topic: Federalism

Operative clauses: Elastic clause, commerce clause, supremacy clause

Summary: “The power to tax equals the power to destroy;” Upheld Bank of the United States under Elastic Clause; Rejected state claim to tax federal government under Supremacy Clause

Precedent: In deciding this case about a national bank and state taxes, the court established supremacy of the U.S. Constitution and federal laws over state laws

U.S. v. Lopez

Topic: Limits of the Commerce Clause

Operative clauses: Commerce clause, Gun Free School Zones Act

Summary: Possession of a gun does not involve commerce in any way and does not qualify as interstate commerce (narrowed to limits of the Commerce Clause to justify federal regulation)

Precedent: Congress exceeded its power under the Commerce Clause when it made possession of a gun in a school zone a federal crime

Engel v. Vitale

Topic: Civil Liberties

Operative clause: 1st Amendment Establishment

Summary: Prayer (even non-denominational) not allowed in public school when official led and during school hours

Precedent: School sponsorship of religious activities violates the Establishment Clause of the First Amendment

Wisconsin v. Yoder

Topic: Balance of Religious Free Exercise and State Interest

Operative clause: 1st Amendment Free Exercise

Summary: Cannot compel Amish students to attend high school because the state could not show a compelling state interest to justify clear limitation of Religious Free Exercise

Precedent: Compelling Amish students to attend school past the eighth grade violates the Free Exercise Clause of the First Amendment

Tinker v. Des Moines

Topic: Balance of student Free Speech and State Interest in education

Operative clause: 1st Amendment Free Speech

Summary: Armbands qualify as protected, symbolic speech; “Students do not shed Constitutional rights at schoolhouse gates” as long as speech is not disruptive

Precedent: A prohibition against public school students wearing black armbands in school to protest the Vietnam War violated the students’ freedom of speech protections in the First Amendment

New York Times v. U.S.

Topic: Balance of National Security and Free Press

Operative clause: 1st Amendment Free Press

Precedent: This case bolstered the freedom of the press protections of the First Amendment, establishing a “heavy presumption against prior restraint” even in cases involving national security

Schenck v. U.S.

Topic: Balance of National Security and Free Speech

Operative clause: 1st Amendment Free Speech

Precedent: Speech creating a “clear and present danger” was not protected by the First Amendment and could be limited

Gideon v. Wainwright

Topic: Due Process

Operative clauses: 6th Amendment Right to Counsel, 14th Amendment Due Process/Selective Incorporation

Summary: Couldn’t afford lawyer; Lawyer must be provided; Overturned Betts v. Brady; 6th Amendment incorporated

Precedent: In this case, the Sixth Amendment’s right to an attorney extends procedural due process protections to felony defendants in state courts

McDonald v. Chicago

Topic: States’ power to limit 2nd Amendment rights

Operative clauses: 2nd Amendment Right to Bear Arms, 14th Amendment Due Process

Summary: Chicago law banning handguns overturned; 2nd Amendment incorporated to the states

Precedent: The Second Amendment right to keep and bear arms for self-defense is applicable to the states

Brown v. Board of Education

Topic: Civil Rights, Equal Protection

Operative clause: 14th Amendment Equal Protection

Summary: Segregated schools unconstitutional; Overturned Plessy v. Ferguson; “Separate is inherently unequal;” Brown II: “All deliberate speed”

Precedent: Race-based school segregation violates the Equal Protection Clause of the Fourteenth Amendment

Citizens United v. FEC

Topic: Campaign Finance

Operative clause: 1st Amendment Free Speech

Summary: “Hillary the Movie;” Challenged BCRA issue; advocacy and spending caps; Applied Buckley: “money equals speech: Corporations unlimited on “issue advocacy;” Speech of linkage institutions is protected first amendment political speech

Precedent: Political spending by corporations, associations, and labor unions is a form of protected speech under the First Amendment

Baker v. Carr

Topic: Republicanism/Representation: Gerrymandering

Operative clause: 14th Amendment Equal Protection; Article III Jurisdiction: Is redistricting a political question?

Summary: Challenge to state redistricting; “One man, one vote” principle; States must redistrict every 10 years and must draw districts proportionally

Precedent: This case held that redistricting did not raise political questions, allowing federal courts to hear other cases that challenge redistricting plans that may violate the Equal Protection Clause of the Fourteenth Amendment

Shaw v. Reno

Topic: Racial Gerrymandering

Operative clauses: Voting Rights Act of 1965, 14th Amendment Equal Protection

Summary: Creation of majority-minority district of Constitutional racial gerrymandering is unconstitutional if race is the sole criteria for drawing the district

Precedent: Under the Fourteenth Amendment’s Equal Protection Clause, majority-minority districts, created under the Voting Rights Act of 1965, may be constitutionally challenged by voters if race is the only factor used in creating the district

Marbury v. Madison

Topic: Judicial Power

Operative clauses: Article III: SCOTUS Jurisdiction. Judiciary Act of 1789, Judicial Review

Summary: Adams’ “midnight judges;” Writ of mandamus unconstitutional; Established principle of judicial review

Precedent: In deciding this case about judicial appointments, the court established the principle of judicial review, empowering the Supreme Court to declare an act of the legislative or executive branch unconstitutional