AP Required Cases

Marbury v. Madison (1803)

• Background info: William Marbury sued Secretary of State James Madison for failing to deliver his judicial appointment.

• Constitutional Question: Does the Supreme Court have the authority to order the delivery of commissions?

• Constitutional Element Used: Article III, Judicial Review

• Ruling: In favor of Madison; established judicial review.

McCulloch v. Maryland (1819)

• Background info: Maryland attempted to tax the national bank, and bank cashier James McCulloch refused to pay.

• Constitutional Question: Can Congress create a national bank? Can states tax federal institutions?

• Constitutional Element Used: Necessary and Proper Clause; Supremacy Clause

• Ruling: In favor of McCulloch; Congress can establish a bank, states cannot tax it.

Schenck v. United States (1919)

• Background info: Charles Schenck distributed anti-draft pamphlets during WWI and was arrested under the Espionage Act.

• Constitutional Question: Does the Espionage Act violate the First Amendment?

• Constitutional Element Used: First Amendment – Free Speech

• Ruling: In favor of the U.S.; speech can be limited if it presents a “clear and present danger.”

Brown v. Board of Education (1954)

• Background info: A Black student, Linda Brown, was denied admission to a white school due to segregation laws.

• Constitutional Question: Does racial segregation in public schools violate the Equal Protection Clause?

• Constitutional Element Used: 14th Amendment – Equal Protection Clause

• Ruling: In favor of Brown; segregation in schools is unconstitutional.

Mapp v. Ohio (1961)

• Background info: Police searched Dollree Mapp’s home without a warrant and found illegal materials.

• Constitutional Question: Can illegally obtained evidence be used in court?

• Constitutional Element Used: 4th Amendment – Exclusionary Rule

• Ruling: In favor of Mapp; evidence obtained illegally cannot be used in court.

Engel v. Vitale (1962)

• Background info: A New York school required a voluntary prayer, which parents objected to.

• Constitutional Question: Does school-sponsored prayer violate the Establishment Clause?

• Constitutional Element Used: 1st Amendment – Establishment Clause

• Ruling: In favor of Engel; school-sponsored prayer is unconstitutional.

Baker v. Carr (1962)

• Background info: Tennessee’s district lines had not been redrawn for decades, causing unequal representation.

• Constitutional Question: Can federal courts rule on legislative redistricting?

• Constitutional Element Used: 14th Amendment – Equal Protection Clause

• Ruling: In favor of Baker; courts can intervene in redistricting cases.

Gideon v. Wainwright (1963)

• Background info: Clarence Gideon was denied a court-appointed lawyer in a felony case.

• Constitutional Question: Does the right to counsel apply to state courts?

• Constitutional Element Used: 6th Amendment – Right to Counsel; 14th Amendment – Due Process

• Ruling: In favor of Gideon; states must provide attorneys for those who cannot afford them.

Miranda v. Arizona (1966)

• Background info: Ernesto Miranda was arrested and confessed without being informed of his rights.

• Constitutional Question: Does failure to inform suspects of their rights violate the 5th Amendment?

• Constitutional Element Used: 5th Amendment – Self-Incrimination; 6th Amendment – Right to Counsel

• Ruling: In favor of Miranda; established "Miranda rights."

Tinker v. Des Moines (1969)

• Background info: Students wore black armbands to protest the Vietnam War and were suspended.

• Constitutional Question: Do students have free speech rights in schools?

• Constitutional Element Used: 1st Amendment – Free Speech

• Ruling: In favor of Tinker; students have free speech as long as it doesn’t disrupt school.

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

• Background info: The Nixon administration attempted to prevent newspapers from publishing the Pentagon Papers.

• Constitutional Question: Can the government prevent publication in the interest of national security?

• Constitutional Element Used: 1st Amendment – Freedom of the Press

• Ruling: In favor of New York Times; prior restraint is unconstitutional.

Wisconsin v. Yoder (1972)

• Background info: Amish parents refused to send their children to school beyond 8th grade, violating Wisconsin law.

• Constitutional Question: Does compulsory education violate religious freedom?

• Constitutional Element Used: 1st Amendment – Free Exercise Clause

• Ruling: In favor of Yoder; religious beliefs can exempt students from school attendance.

Roe v. Wade (1973)

• Background info: Jane Roe challenged Texas laws banning abortion.

• Constitutional Question: Does banning abortion violate a woman’s right to privacy?

• Constitutional Element Used: 9th Amendment – Right to Privacy; 14th Amendment – Due Process Clause

• Ruling: In favor of Roe; legalized abortion nationwide.

Shaw v. Reno (1993)

• Background info: North Carolina created a racially gerrymandered congressional district.

• Constitutional Question: Does racial gerrymandering violate the Equal Protection Clause?

• Constitutional Element Used: 14th Amendment – Equal Protection Clause

• Ruling: In favor of Shaw; race-based redistricting is unconstitutional.

United States v. Lopez (1995)

• Background info: A student, Alfonso Lopez, was arrested for bringing a gun to school under a federal law.

• Constitutional Question: Does Congress have the power to regulate guns in schools under the Commerce Clause?

• Constitutional Element Used: Commerce Clause

• Ruling: In favor of Lopez; Congress exceeded its power.

McDonald v. Chicago (2010)

• Background info: Chicago banned handguns, and Otis McDonald challenged the law.

• Constitutional Question: Does the 2nd Amendment apply to state governments?

• Constitutional Element Used: 2nd Amendment – Right to Bear Arms; 14th Amendment – Due Process Clause

• Ruling: In favor of McDonald; the 2nd Amendment applies to states.

Citizens United v. Federal Election Commission (2010)

• Background info: Citizens United challenged limits on corporate political spending in elections.

• Constitutional Question: Can the government restrict political spending by corporations?

• Constitutional Element Used: 1st Amendment – Free Speech

• Ruling: In favor of Citizens United; corporations have free speech rights in political spending.