AP Gov Exam Required SCOTUS Cases

Marbury v. Madison (1803)

4-0 decision, established the principle of judicial review empowering the Supreme Court to nullify an act of the legislative or executive branch that violates the Constitution.

Relevent Constitutional provisions:

Article III, Section 2: Defines the Court’s original and appellate jurisdiction.

Article VI (Supremacy Clause): Establishes the Constitution as the supreme law of the land.

McCulloch v. Maryland (1819)

In a 6-0 decison, striking down Maryland's tax on the National Bank, the holding established supremacy of the U.S. Constitution and federal laws over state laws. Often referenced in regards to strengthening the implied powers of the federal government.

Relevent Constitutional provisions:

Necessary and Proper Clause (Article I, Section 8, Clause 18): Gives Congress the power to "make all laws which shall be necessary and proper for carrying into execution" its enumerated powers.

Supremacy Clause (Article VI, Clause 2): Establishes that the Constitution and federal laws take precedence over state laws.

Schenck v. United States (1919)

Unanimous (9-0). Speech creating a "clear and present danger" to national security or public safety is not protected by the First Amendment

Brown v. Board of Education (1954)

ruled 9-0. Race-based school segregation violates the equal protection clause. Overturned Plessy v. Ferguson

Relevant Constitutional Provisions (e.g. Articles, Clauses, Amendments, etc.)

14th Amendment, Equal Protection Clause: Prohibits states from denying any person "the equal protection of the laws".

5th Amendment, Due Process Clause: While Brown focused on the 14th Amendment, the companion case Bolling v. Sharpe applied the same logic to the federal government in

Baker v. Carr (1961)

6-2 in favor of Baker. Decided that redistricting issues present justiciable questions, thus enabling federal courts to intervene and to decide redistricting cases. The defendants unsuccessfully argued that redistricting of legislative districts is a "political question", and hence not a question that may be resolved by federal courts. "One person, one vote."

Relevant Constitutional Provisions:

Fourteenth Amendment (Equal Protection Clause): Prohibits states from denying any person equal protection of the laws.

Article III, Section 2: Defines the federal judicial power

Engel v. Vitale (1962)

In a 6-1 ruling, the Supreme Court decided in favor of Engel. School sponsored prayer and bible readings violates the establishment clause because students feel compelled to participate even if they are not religious or Christian.

Relevant Constitutional Provisions (e.g. Articles, Clauses, Amendments, etc.)

First Amendment (Establishment Clause): Prohibits government from establishing a religion.

Fourteenth Amendment (Due Process Clause): Incorporates the Establishment Clause against state actions.

Gideon v. Wainwright (1963)

9-0 ruling in favor of Gideon.Guaranteed the right to an attorney for the poor or indigent (and subsequently everyone) in a state felony case (Incorporation)

Relevant Constitutional Provisions (e.g. Articles, Clauses, Amendments, etc.)

Sixth Amendment: "In all criminal prosecutions, the accused shall... have the Assistance of Counsel for his defence".

Fourteenth Amendment (Due Process Clause): "...nor shall any State deprive any person of life, liberty, or property, without due process of law

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

7-2 in favor of the students (tinker). Preemptively banning students from wearing black armbands in school to protest the Vietnam War was deemed unconstitutional

Relevant Constitutional Provisions (e.g. Articles, Clauses, Amendments, etc.)

First Amendment, which protects freedom of speech, and the Fourteenth Amendment, which applies these protections to state and local government entities, including public school

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

The Court issued a per curiam (unsigned) opinion ruling against the government (6-3).

Bolstered the freedom of the press, establishing a "heavy presumption against prior restraint" even in cases involving national security. The ruling made it possible for newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment.

Relevant Constitutional Provisions (e.g. Articles, Clauses, Amendments, etc.)

First Amendment (Freedom of the Press): Prohibits Congress from making laws abridging the freedom of the press.

Article II: Executive power over foreign affairs and national security.

Wisconsin v. Yoder (1972)

7-0 in favor of Yoder. Compelling Amish students to attend school past the eighth grade violates the free exercise clause.

Relevant Constitutional Provisions (e.g. Articles, Clauses, Amendments, etc.)

First Amendment (Free Exercise Clause): "Congress shall make no law... prohibiting the free exercise [of religion]."

Fourteenth Amendment: Due Process Clause, which incorporates the First Amendment against the states.

Shaw v. Reno (1993)

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. The court ruled in a 5-4 decision that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause.

United States v. Lopez (1995)

in a 5-4 decsion, The Court held that the statute was a criminal statute having nothing to do with "commerce" or any economic activity.

Relevent Constitutional provisons:

Relevant Constitutional Provisions (e.g. Articles, Clauses, Amendments, etc.)

Article I, Section 8, Clause 3 (The Commerce Clause): Congress has the power to "regulate Commerce... among the several States".

Article I, Section 8, Clause 18 (The Necessary and Proper Clause): Congress may make laws necessary for executing its enumerated powers.

The Tenth Amendment: Powers not delegated to the federal government are reserved to the states

McDonald v. Chicago (2010)

a 5-4 vote, overturning Chicago's city-wide ban on handguns, the Supreme Court held that the Second Amendment right to keep and bear arms for self-defense is applicable to the states. (Incorporation)

Relevant Constitutional Provisions (e.g. Articles, Clauses, Amendments, etc.)

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".

Fourteenth Amendment (Due Process Clause): Prohibits states from depriving any person of life, liberty, or property, without due process of law.

Citizens United v. Federal Election Commission (2010)

Holding: in a 5-4 decision, the court sided with Citizens United. Political spending is a form of protected speech under the First Amendment, and the government may not keep corporations or unions from spending money to support or denounce individual candidates in elections.