AP Government Required Court Cases

Marbury v. Madison (Background)

Congress passed the Judiciary Act of 1789, which allowed SCOTUS to issue writs of mandamus (commands by a superior court to a public official or lower court to perform a special duty).

Jefferson takes office and doesn't deliver commissions to Adams' appointees (Marbury)

Marbury sues to get his commission

Marbury v. Madison (Questions)

1. Does Marbury have a right to his commission, and can he sue the federal government for it?

2. Does the Supreme Court have the authority to order the delivery of the commission?

Marbury v. Madison (Ruling)

1. Yes, Marbury has a right to his commission, BUT...

2. No, the Supreme Court cannot order his commission, in fact, the writs of Mandamus part of the Judiciary Act of 1789 is unconstitutional

Ruling establishes judicial review

U.S. v. Lopez (Background)

In 1990, Congress passed the Gun Free School Zones Act, which prohibited people from knowingly carrying a gun in a school zone. Alfonso Lopez was convicted of possessing a gun at a Texas school in violation of this federal law.

U.S. v. Lopez (Question)

Did Congress have the power to pass the Gun Free School Zones Act?

U.S. v. Lopez (Ruling)

The majority argued that the Gun Free School Zones Act exceeds Congress's authority under the Commerce Clause because carrying a gun in a school zone is not an economic activity.

This decreased the power of the federal government relative to the states

New York Times v. United States (Background)

•The Espionage Act of 1917 made it a crime for anyone to obtain information relating to America's national defense with the intent to use it to the injury of the U.S. or the advantage of a foreign nation.

•The Pentagon Papers get leaked to the press and New York Times prints them

•Nixon orders the newspapers to stop further publication of the Pentagon Papers (prior restraint)

•Newspapers continued printing the Papers, and the government sued.

New York Times v. United States (Question)

Did the government's efforts to prevent two newspapers from publishing classified information given to them by a government leaker violate the 1st Amendment protection of freedom of the press?

New York Times v. United States (Ruling)

In multiple concurring opinions, justices reasoned that a court can never allow the prior restraint of the press, since the freedom of the press is absolute. One justice argued that "the press was to serve the governed, not the governors" and that the government cannot evade this absolute command by invoking national security concerns.

McCulloch v. Maryland (Background)

Fed Gov creates 2nd national bank

Maryland tries to tax the bank out of existance

McCulloch (bank manager) refuses to pay tax

McCulloch v. Maryland (Question)

Does the federal government have implied powers?

Can a state tax a federal entity?

McCulloch v. Maryland (Ruling)

Implied powers do exist (necessary and proper clause)

States cannot tax a federal entity (Supremacy Clause)

Shaw v. Reno (Background)

NC gains an additional district seat

NC creates a majority-minority district

5 whites sue citing this violates the equal protection clause of the 14th amendment

Shaw v. Reno (Question)

Does redrawing district lines based solely on race violate the equal protection clause of the 14th amendment?

Shaw v. Reno (Ruling)

SC says redrawing distirct lines based solely on race does violate 14th EPC.

Reasoning - Doing so resembles racial segregation and that classifications by race suggests people should be judged on skin color.

Tinker v. Des Moines (Background)

Vietnam Era - Students want to wear black arm bands to school protesting the war.

School will suspend students if they wear arm bands

Tinker v. Des Moines (Question)

Does prohibiting students' symbolic speech violate the students first amendment free speech?

Tinker v. Des Moines (Ruling)

Supreme Court rules that the student;s free speech is being violated.

Students and teachers do not shed free speech at school unless it is a substantial disruption.

Wisconsin v. Yoder (Background)

Wisconsin requires students to attend school until 16.

Some Amish want children at home for daily religious practice at age 16.

Wisconsin convicts Yoder of violating compulsory attendance laws. Yoder claims this violates 1st Amendment free-exercise clause

Wisconsin v. Yoder (Question)

Under what conditions does a parent;s free-exercise clause rights outweigh a state's education interests?

Wisconsin v. Yoder (Ruling)

Supreme Court rules in favor of Yoder.In this instance, Yoder's free-exercise clause rights outweigh Wisconsin's education interest because of the the age of the kids (14) and the law abiding nature of the Amish culture.

McDonald v. Chicago (Background)

Chicago adopted a handgun ban

Otis McDonald sues the city for violating the Constitution

Argues that the 14th Amendment due process clause makes 2nd amendment applicable to the states

McDonald v. Chicago (Question)

Does the 2nd Amendment apply to state and local governments through the 14th Amendment's due process clause?

McDonald v. Chicago (Ruling)

Supreme Court rules:

2nd Amendment is fully applicable to the states using the 14th Amendment's Due Process Clause.

Court argued that the framers considered the right to keep and bear arms one of our fundamental rights.

Reasonable gun restrictions still allowed

Gideon v. Wainwright (Background)

Panama City Bar gets robbed

Police arrest Gideon, he asks for an attorney, judge denies his request

Gideon v. Wainwright (Question)

Does the 6th amendment right to counsel extend to state courts?

Gideon v. Wainwright (Ruling)

Supreme Court rules:

Sixth amendment applies to state courts and federal courts for felons

6th amendment applies to the states through the 14th Amendment's Due Process Clause (selective incorporation)

Schenck v. United States (Background)

Schenck argues WWI draft unconstitutional due to 13th Amendment - involuntary servitude

Suggests individuals exercise 1st amendment rights and write Congress to repeal draft.

Gov finds Schenck has violated espionage act - disloyalty and refusal of duty is a crime

Schenck appeals to Supreme Court

Schenck v. United States (Question)

Does Schenck's conviction under espionage act violate his 1st Amendment rights?

Schenck v. United States (Ruling)

Court sides with the U.S.

Because the U.S. is at war speech that seeks to disrupt the military is not constitutionally protected

Speech that represents a clear and present danger is not constitutionally protected.

Brown v. Board of Education (Background)

•14th Amendment adopted post-Civil war requiring states to give people equal protection in front of the law.

Plessy v. Ferguson (1896) ruled that segregation of the races was constitutional so long as the accommodations were "separate but equal".

•Linda Brown, a black student, was denied admission to a neighborhood school because it was designated for white children only.

Brown v. Board of Education (Question)

Does segregation of public schools by race violate the Equal Protection clause of the 14th Amendment?

Brown v. Board of Education (Ruling)

The Court ruled unanimously for Brown that, yes, segregation in public schools violated the Equal Protection clause by setting up the social stigmatization of black children as inferior to white children (it did not matter to the Court that the buildings, curriculum, and teacher pay—the tangible factors—were "equal"). The Court ruled that "separate educational facilities are inherently unequal".

Baker v. Carr (Background)

Tennessee had not been redrawing its district lines based on population shifts

Charles Bakers sues citing this violates the 14th Amendment Equal Protection Clause

Courts had not taken on these types of cases previously as they were considered a political issue and not a constitutional one

Baker v. Carr (Question)

Do federal courts have the power to decide cases about reapportionment?

Baker v. Carr (Ruling)

the Court ruled that federal courts have the authority to enforce the equal protection requirement against states if the legislative districts the state creates are so disproportionately weighted to deny residents equal treatment.

This ruling establishes "one person, one vote." District lines must be drawn so that they are equal in population in a state.

Engel v. Vitale (Background)

•In New York, everyday students and teachers voluntarily recited a school-provided prayer drafted by the state education agency, the New York Regents.

•A group of parents and community members sued the school board for requiring time in the school day to recite the prayer.

Engel v. Vitale (Question)

Does the recitation of a prayer in public schools violate the Establishment Clause of the 1st Amendment?

Engel v. Vitale (Ruling)

In a 6-1 decision in favor of Engel (the parents), the Court ruled on the grounds that the school-sponsored prayer was an unconstitutional violation of the Establishment Clause since it was a religious activity composed by government officials and used as part of a government program to advance religious beliefs.