AP GOV Required SCOTUS Cases & Foundational Documents

It's in the name!

Marbury v. Madison (1803)

Established judicial review, the Supreme Court can declare laws to be unconstitutional

McCulloch v. Maryland (1819)

Congress has implied powers under the “Necessary and Proper” Clause of thee Constitution to create a national bank, states can not tax federal institutions (strengthen federal power, confirm supremacy of federal law over state law)

Schenk v. United States (1919)

The First Amendment freedom of speech does not protect words that create a “clear and present danger” particularly during wartime (upholding the conviction of socialist Charles Schenk for distributing pamphlets urging resistance to the WWI draft under the Espionage Act of 1917)

Brown v. Board of Education (1954)

Unanimously held that racial segregation of children in public schools violated the Equal Protection clause of the 14th amendment

Baker v. Carr (1962)

“One man, one vote”, Ordered state legislative districts to be as near equal as possible in population, the federal courts can hear cases alleging that state redistricting violates the 14th Amendment’s Equal Protection Clause

Engel v. Vitale (1962)

School-sponsored, voluntary prayer in public schools is unconstitutional

Gideon v. Wainwright (1963)

Guaranteed the right to an attorney for the poor or indigent in a state of felony case, under the sixth amendment, regardless of ability to pay

Miranda v. Arizona (1966)

Law enforcement must read the Miranda Rights (aka 5th & 6th amendment rights, to remain silent, counsel) before custodial interrogation

Tinker v. Des Moines (1969)

Guaranteed a student’s right to protest (wearing black armbands to protest the Vietnam War)

New York Times Co. v. United States (1971)

Uphold First Amendment right to free press against government censorship (Nixon administration could not stop the New York Times and Washington Post from publishing classified documents detailing the Vietnam War, rejecting claims that prior restraint was necessary for national security)

Wisconsin v. Yoder (1972)

Wisconsin could not require Amish parents to send their children to public school beyond the 8th grade because it would violate long-held religious beliefs

Roe v. Wade (1973)

Abortion rights fall within the privacy implied in the 14th amendment

Shaw v. Reno (1993)

No racial gerrymandering, race must be held under strict scrutiny under the Fourteenth Amendment’s Equal Protection Clause, and otherwise cannot be the sole/predominant factor in redrawing legislative boundaries

United States v. Lopez (1995)

The Federal Gun-Free School Zones Act of 1990 was unconstitutional because it exceeded Congress’s power under the Commerce Clause (possessing a gun in a local school zone is not an economic activity that significantly affects interstate commerce)

Citizens United v. Federal Election Commission (2010)

Political spending by corporations, associations, and labor unions is a form of protected speech protected under the 1st amendment

McDonald v. Chicago (2010)

Incorporated the 2nd amendment right to bear arms to the state and local governments

Federalist 10

Stronger, larger, united republic would be more effective than the individual states at controlling “factions” (more representatives elected meaning more opinions, so not one majority to oppress)

Brutus 1

an Antifederalist series of essays designed to encourage New Yorkers to reject the proposed Constitution, the immense power of the federal government requires the people to sacrifice their liberties, a bill of rights was necessary to protect the people from the government, Congress possesses far too much power: taxation, standing army, taxes, Elastic Clause, a free republic cannot exist in such a large territory as the United States, Judicial authority will broaden federal gov’t’s power (thus, tyranny)

Declaration of Independence

All people are created equal with natural rights (life, liberty, property), government was created to protect those rights, if government doesn’t do that, it’s the people’s duty to change/destroy it, imperfect governments shouldn’t be destroyed, only ones that intentionally try to subject people to Tyranny (destroy natural rights)

Articles of Confederation

Confederation of states with an extremely limited central government, rendering it ineffective at governing the growing states, each state remains sovereign, unicameral legislature (each state one vote), no president or judiciary, no forced taxation and no standing army

Constitution

Outline of federal government’s structure, powers, and limits

Three branches (L, E, J), Separation of Powers, that can limit each other (Checks and Balances), federal system of government with Constitution as the Supreme Law (deal with weaknesses in the Articles of Confederation)

First Amendment

Freedom of Speech, Religion, Press, Assembly, Petition

Second Amendment

Right to keep and bear arms

Third Amendment

No quartering of soldiers in private homes during peacetime

Fourth Amendment

No unreasonable search and seizure (requires warrants for government intrusion)

Fifth Amendment

Guarantees rights to due process, protection against self-incrimination, double jeopardy, and just compensation for seized property

Sixth Amendment

Right to fair, speedy, and public trial by jury in criminal cases (and the right to counsel)

Seventh Amendment

Right to a jury trial in civil cases

Eighth Amendment

Prohibit excessive bail, fines, and cruel and unusual punishment

Ninth Amendment

Rights not listed in the constitution are still retained by the people

Tenth Amendment

Powers not delegated to the federal government automatically go to the states/people

Federalist 51

Three branches (Executive, Legislative, Judicial), self-sufficient, but some power (checks and balances), Legislative needs to be split further into House of Representatives and Senate (most powerful branch, judicial branch needs to be chosen by President + Senate approval for qualified candidates), Keeps down power of factions like in Federalist 10

Federalist 70

Unity in the executive branch is the main ingredient for energy (decision, activity, secrecy, and dispatch) and safety (unconcealed accountability to the people), Congress moves too slow and should be balanced with a quick-moving decisive executive, Balance can be achieved if each branch of government has enough autonomous power (Tyranny of one branch over another can’t occur), duration of presidential term long enough for stable government, support defined by presidential salary (attracts capable, honest men to office)

Federalist 78

Judiciary needs strengthening (it’s too weak), judiciary has to be independent so that rights can stay reserved and legislature doesn’t have to police itself, lifetime appointment (with good behavior) to ensure judges can resist encroachment from legislature

Letter from a Birmingham Jail

King argues he and his demonstrations have a duty to fight for justice, and it is up to the oppressed to take charge and demand equality, segregation is used to debase one and uplift another population, immoral in the eyes of God (neither just not fair), St Augustine’s logic is that unjust laws aren’t actually laws so they don’t have to be followed, moral obligation to oppose segregation by refusing to abide by so-called laws, those that agree with desegregation but disagree with the methods to achieve civil rights are the biggest obstacle, demeaning “paternalistic” attitude of white moderates show lack of real understanding of segregation, fourteenth amendment’s equal protection clause used

Commerce Clause

Gives Congress the authority to regulate interstate commerce (broadly used to expand federal power)

Necessary and Proper Clause (Elastic Clause)

Gives Congress implied powers to create laws needed to carry out expressed powers

Supremacy Clause

Establishes that federal law takes precedence of state laws when in conflict

General Welfare Clause

Grants Congress the power to spend for the general welfareE

Equal Protection Clause

Fourteenth amendment, prohibits states from denying any person equal protection under the law; key to civil rights cases

Due Process Clause (14th)

used for selective incorporation, preventing states from denying life, liberty, or property without legal process

Establishment Clause

Prohibits government from creating an official religion or favoring oneF

Free Exercise Clause

Prohibits government from banning the practice of religion

Reserved Powers Clause

Powers not delegated to the federal government are reserved for the states

Full Faith and Credit Clause

States must recognize public acts, records, and Judicial proceedings of other states (i.e. birth certificates)

Privileges and Immunities Clause

States cannot treat citizens of other states discriminatorily

Bill of Attainder Clause

Congress can’t pass a law that singles out a person for punishment with trial

Contracts Clause

No state can interfere with the execution of contractions (i.e. no law can be passed that declares all debts null and void)

Due Process Clause (5th)

The national government must observe fair procedures when it denies a person life, liberty, or property.

Ex Post Facto Clause

Congress can’t pass a law that punishes a person after the fact (can’t be punished for something that was not a crime at the time)E

Extradition Clause

An accused person who flees to another state must be returned to the state in which the crime was committed

Free Exercise Clause

Congress can’t pass laws that ban freedom of worship

Search and Seizure Clause

Protection against unreasonable search and seizure (must be reasonable)

Takings Clause

Government can take private property, but you have to provide fair compensation

Institution: Congress

Legislate (write/pass law to… fund/defund, approve/deny, repeal/reverse/regulate/amend), Oversight (of an executive agency or department, regulate again) Investigate (call for committee hearings, an executive agency or department, relevant issue/event)

Institution: President

Executive Order (for Department/Agency), Sign/Veto Legislation (from Congress), Hold a Press Conference/Rally/Tweet (public pressure)

Institution: Courts

Allow, Strike Down, Injunction (stop/pause a law, action, program)

Institution: Media

Expose/Highlight, Investigate

Institution: “The People” (Special Interest Groups, Corporations, Political Parties

Activism, Organize to Protest (action, law, person), Support (action, law, person), Lobby (Congress, legislator, bring a lawsuit, write briefs for the Supreme Clause), join/leave/nominate/run a candidate, donate, vote (for/against candidate, issue, law)

Popular Sovereignty

Government’s legitimacy and authority are created and sustained by the consent of its people, who are the source of all political power

Limited Government

Governmental power is restricted by law to protect individual rights and liberties

Federalism

System of government that divides and shares power between the federal and state governments

Pluralism

Power being distributed among many competing interest groups, ensuring no faction dominates

Elitism

Small, wealthy, privileged group holds disproportionate power and dominates policy-making often at the expense of the public

Judicial Review

The power of the courts to examine and invalidate actions of the legislative and executive branches if those actions are found to be unconstitutional

Grassroots

Local, bottom-up political action (citizens rather than elites) mobilize to influence change at the local level (participatory democracy)

Devolution

Transfer of power, responsibilities, and policy implementation from federal to state/local governments for decentralization

Mandates

Federal orders imposed on state/local/tribal governments to implement policies or comply with regulations, with or without federal funding

Referendum

State-level, direct-democracy mechanism, voters approve/reject proposed legislation, constitutional amendments, or actions taken by state legislature

Electoral College

constitutional, indirect system used to elect the U.S. President and Vice President, consisting of 538 electors representing states based on their congressional delegation

Spin

Twisting facts—emphasizing positive details while downplaying negative ones—to control the narrative and influence public opinion

Front Loading

States moving their primaries or caucuses to earlier dates in the nomination calendar for increased influence, media attention, and impact on candidate selection

Rule of Propinquity

“The closer you are to power, the more power you have”, Close physical/daily proximity with the president (I.e. white house staff) can be more influential than even cabinet secretaries/remote advisors

Rule of 4

SCOTUS allowing a minority of four justices to grant a writ of certiorari (accept a case)

15th Amendment

African American males were given the right to vote

19th Amendment

Gave the right for women to vote

26th Amendment

Young people between the ages of 18-20 the right to vote

Critical Election/Realignment

Dramatic, long-lasting changes occur in party loyalty, shifting voter coalitions and often displacing the majority party

Voting Rights Act of 1965

Place federal authority to protect the right of African Americans to vote

Divided Government

President of the United States belongs to a different political party than the majority of Congress

Political Efficacy

The belief that a citizen’s participation matters, that they can understand/influence governmental actions

527 group

Tax-exempt organization formed to influence the selection, nomination, election, or appointment of candidates to federal, state, or local public office (without expressly advocating for a candidate’s election/defeat)

Midterm Elections

Every two years into a president’s term, members are elected into Congress

Horse Race Journalism

Style of political coverage focusing on polling data, public perception, and “who is winning” rather than candidate policy, platform differences, or substantive issues

Cup and Saucer

Cup (House of Representatives) as the “hot” passions of the people due to shorter, two-year terms with closer proximity to constituent passions, Saucer (Senate) as “cooling” mechanism, using longer, six-year terms and stricter deliberation to moderate or slow down legislation passed by the House

Iron Triangle

Mutually beneficial stable three-way relationship between Congressional committees, federal bureaucratic agencies, and interest groups

Bully Pulpit

The president’s unique, high-profile position to use prestige and media attention to directly communicate with the public, rally support for policies, and exert pressure on Congress

Bureaucracy

Large, complex administrative system within the executive branch, composed of appointed officials who implement public policy, create regulations, and enforce laws

Revolving Door

Describes the movement of individuals between public-sector positions (government officials, regulators, staff) and private-sector roles (lobbyists, consultants, interest groups)

Amicus Curiae

“Friend of the court”, A legal brief filed by an individual or organization who is not a party to a lawsuit but has a strong interest its outcome

Jurisprudence

Philosophy, theory, and science of law, encompassing how judges interpret and apply legal principles (I.e.e originalism or judicial activism)

Civil Rights Act of 1964

Outlaw discrimination based on race, color, religion, sex, or national origin, requiring equal access to public places and employment, enforcing desegregation of schools and the right to vote.

Fourteenth Amendment

Birthright Citizenship (for people born/naturalized in the US), guarantees “equal protection of the laws” to all citizens, and “due process”