AP Gov Required Court Cases

McCulloch v. Maryland (1819)

Established supremacy of the U.S. Constitution and federal laws over state laws

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

• the state of Maryland imposed taxes on the national bank and a Baltimore branch cashier named James McCulloch refused to pay those taxes. The state of Maryland sued McCulloch, and McCulloch, arguing that the state tax was illegitimate

Marbury v. Madison (1803)

Established the principle of judicial review empowering the Supreme Court to nullify an act of the legislative or executive branch that violates the Constitution

• John Adams appointed numerous individuals to positions within the government, but they were not delivered before the presidential turnover for four of these individuals, including William Marbury. When Democratic-Republican President Thomas Jefferson assumed office, his Secretary of State, James Madison, refused to deliver the commissions.

Schenck v. United States (1919)

Speech creating a "clear and present danger" is not protected by the First Amendment

Brown v. Board of Education (1954)

Race-based school segregation violates the equal protection clause of the 14th Amendment

Mapp v. Ohio (1961)

Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism

Baker v. Carr (1962)

Opened the door to equal protection challenges to redistricting and the development of the "one person, one vote" doctrine by ruling that challenges to redistricting did not raise "political questions" that would keep federal courts from reviewing such challenges (federal courts could review redistricting challenges that may violate the Equal Protection Clause of the Fourteenth

• Citizens in Tennessee sued on the basis that the state had not redistricted every ten years and people were improperly represented

Engel v. Vitale (1962)

School sponsorship of religious activities violates the establishment clause

• The state of New York passed legislation requiring public school teachers to start the school day by leading the classroom in the Pledge of Allegiance and a short, nondenominational prayer to “Almighty God” that was composed by the state legislature. Students who objected to the prayer or who did not want to participate were not forced to do so.

Gideon v. Wainwright (1963)

Guaranteed the right to an attorney for the poor or indigent (incorporated 6th Amendment to the states)

• Clarence Gideon was arrested in Florida for breaking into a pool hall and stealing money out of a cigarette machine. Since Gideon was unable to afford an attorney, he represented himself in court, and was convicted

Miranda v. Arizona (1966)

that upon arrest, a suspect has the right to remain silent and the right to consult with a lawyer

• Ernesto Miranda confessed to kidnapping and r*pe after two hours of interrogation without being advised of his right to remain silent or his right to counsel

Tinker v. Des Moines Independent Community School District (1969)

Students in public schools have protected free speech (1st Amendment)

Public school students have the right to wear black armbands in school to protest the Vietnam War

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

Bolstered the freedom of the press, establishing a "heavy presumption against prior restraint" even in cases involving national security

• Nixon attempted to prevent the NYT from detailing US involvement in the Vietnam war

Wisconsin v. Yoder (1972)

Compelling Amish students to attend school past the eighth grade violates the free exercise clause

Shaw v. Reno (1993)

Legislative redistricting must be conscious of race and ensure compliance with the Voting Rights Act of 1965

• North Carolina submitted a redistricting map to the Department of Justice that contained one majority-minority black district, white people sued

United States v. Lopez (1995)

Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime

• high school senior carried an unloaded gun onto school grounds and was sentenced to 6 months imprisonment

McDonald v. Chicago (2010)

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

• Otis McDonald could not legally purchase a handgun in Chicago

Citizens United v. Federal Election Commission (2010)

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

• In 2008, a conservative non-profit organization called Citizens United made a film entitled Hillary: The Movie. The film was very negative in its portrayal of then-presidential candidate Hillary Clinton and was clearly intended to influence voters.  A lower court ruled that Citizens United’s film violated the 2002 Bipartisan Campaign Reform Act’s prohibition on “electioneering communication” by a corporation or labor union immediately before an election.