AP Government semester one final

McCulloch v. Maryland (1819)

Maryland passed legislation to impose taxes on a bank. The cashier of the bank (McCulloch) refused. The court ruled in favor of McCulloch, that congress had the power to incorporate the bank. This case applies to the Necessary and Proper Clause of Article 1, section 8.

United States v. Lopez (1995)

A 12th grade student (Lopez) carried a concealed weapon to school and was charged. The court ruled in favor of the United States because the gun does not contribute to commerce or economic activity. This case applies to the 1990 Gun-Free School Zones Act.

Engel v. Vitale (1962)

The New York State Board of Regents authorized a short, voluntary prayer at the start of each school day. The court ruled in favor of Engel, that the state cannot hold prayers in public schools. This case applies to The Establishment Clause of the First Amendment.

Wisconsin v. Yoder (1972)

3 Amish people were prosecuted under a Wisconsin law that required all children to attend public schools until age 16. Yoder argued that high school attendance was contrary to their religious beliefs. The court ruled in favor of Yoder, that high school was in fact contrary to their religion and that and additional one or two years would not be beneficial enough to justify an opposition of religion. This case applies to the first amendment.

Tinker v. Des Moines (1969)

Students protested for a Vietnam war truce by wearing armbands to school. The school created a policy that they would send students home if they were wearing an armband. Students sued the school for violated rights of expression. The court ruled in favor of Tinker, that the armbands represented pure speech. This case applies to the freedom of speech protections from the First Amendment.

New York Times v. United States (1971)

The Nixon administration tried to prevent the NYT and Washington Post from publishing classified materials about vietnam. The president argued that this was not necessary to protect national security. The court ruled in favor of the New York Times company because publication of the material would not guarantee direct safety concerns for the American forces. This case applies to the First Amendment.

Schenck v. United States (1919)

Socialists distributed leaflets saying that the draft violated the 13th amendment and encouraged citizens to disobey it peacefully. The court ruled in favor of the United States because the free speech clause does not shield advocacy urging conduct deemed unlawful under the Espionage Act. This case applies to the First Amendment and the Espionage Act.

Gideon v. Wainwright (1963)

Gideon was charged in state court for breaking and entering and did not have a lawyer. The trial court did not appoint one because in Florida, an attorney can only be appointed to an indigent defendant in capital cases. Gideon argued that the decision violated his right to be represented by counsel. The court ruled in favor of Gideon because the Sixth Amendment guarantees the right to assistance of counsel and the 14th Amendment guarantees that this applies to criminal defendants in state court. This case applies to the Sixth Amendment and 14th Amendment.

Roe v. Wade (1973)

Roe filed a lawsuit against a district attorney where she challenged a law making abortion illegal. The court ruled in favor of Roe because of her right to privacy. This case applies to the First, Fourth, Fifth, Ninth, and Fourteenth amendments.

McDonald v. Chicago (2010)

Suits were filed against Chicago challenging their gun bans. Plaintiffs argued that the Second Amendment should apply to the states. The court ruled in favor of McDonald holding that the 14th Amendment makes the Second Amendment right to bear arms applicable to the states. This case applies to the Second and 14th Amendments.

Brown v. Board of Education (1954)

African American students were denied admittance to certain public schools based on laws allowing public education to be segregated by race as long as their facilities were equal. The court ruled in favor or brown because separate but equal educational facilities for racial minorities is not equal. This case applies to the Equal Protection clause of the 14th Amendment.

Citizens United v. Federal Election Commission (2010)

Citizens United argued that a movie about Hillary Clinton violated the constitution. The federal election commission argued that the movie was intended to inform voters. The court ruled in favor of citizens united because of the ban on direct contributions to candidates from corporations and unions. This case applies to the Bipartisan Campaign Reform Act.

Baker v. Carr (1962)

Baker argued that a law about the state's general assembly seats was ignored and that new policies ignored economic growth and population shifts. The court ruled in favor of Baker. This case applies to the 14th Amendment.

Shaw v. Reno (1993)

The attorney general rejected North Carolina  congressional reappointment because there was only one black-majority district. They tried to change it by adding two more that were both tiny. They were accused of gerrymandering. The court ruled in favor of Shaw (the attorney general) because of a suspiciously shaped district. This case applies to the 14th Amendment.

Marbury v. Madison (1803)

Appointed justices (marbury) were approved by the Senate but their commissions were not delivered. The court ruled in favor of Marbury because the refusal to deliver the commission was illegal. This case applies to the Judiciary Act of 1789.

Incorporation Doctrine

The application of the Bill of Rights to the states through the 14th amendment

Gitlow v. New York

Supreme Court case that first applied freedom of speech to the states

Which amendment is most directly associated with the equal protection clause?

14th Amendment

Laws that classify individuals based on race are reviewed under which standard?

strict scrutiny

what case was the exclusionary rule applied to the states in?

Mapp v. Ohio

Brown v. Board of Education (1954) overturned which earlier precedent?

Plessy v. Ferguson

The Voting Rights Act of 1965 was primarily intended to do what?

eliminate racial discrimination in voting

Miranda v. Arizona (1996)

expanded the right of the accused by establishing that people in police custody must be clearly informed on their 4th and 5th amendment rights before interrogation

Lemon Test

Legal standard used to determine if a law violates the First Amendment. It requires 3 steps to pass; having secular purpose, primary effect, and no excessive entanglement.

describe an example of a way that the government may legally limit First Amendment freedoms

The government can limit obscenity, fraud, speech that incites imminent lawless action, and etc.

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

second amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

third amendment

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

fourth amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

fifth amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

sixth amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

seventh amendment

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

eighth amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

ninth amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

tenth amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.