AP Gov Cases - Aria's notes

McDonald v. Chicago

2nd amendment selectively incorporated, 14th amendment - Due Process Clause

States cannot ban guns

McCulloch v. Maryland

Supremacy Clause (Article VI), Necessary and Proper Clause (Article I)

Maryland cannot tax federal bank

Facts: Congress chartered federal bank in MD, MD made law saying non-MD banks were taxed.

Arguments: MD - Constitution does not let Congress make bank. McCulloch - It does bec of NPC (implied power).

Decision: McCulloch. Bank was constitutional because of NPC. Supremacy of nat’l laws over state laws because of SC.

Impact: Expands scope of NPC/SC, more pwr to fed gov, sets precedent for judicial review of actions in Congress + cases regarding balance of pwr btwn state and fed govs.

US v. Lopez

Commerce Clause (Article I), Gun-Free Schools Zone Act, Enumerated power of Congress vs. Reserved power of states

Guns in schools

Facts: Lopez carries pistol to school, arrested bec TX law forbids guns on school property. Federal law also forbids because of GFSZA (1990), so Lopez was charged with fed crime.

Arguments: Lopez argues that gun legislation is state issue, so GFSZA is unconstitutional. US argues that Congress can regulate interstate commerce because of CC. Guns=gun violence; if there is gun violence in schools, people from other states won’t travel through which negatively affects econ. Also, guns in school=worse learning enviro=less educated citizenry=negative affects on commerce.

Decision: Lopez. If Congress can use CC to regulate guns, what CAN’T they regulate?

Impact: Federalism. Upholds + broadens power to states for local issues, strikes down GFSZA.

Gideon v. Wainwright

6th amendment - right to counsel, 14th amendment - Due Process Clause

Schenck v. US (1919)

1st amendment - free speech clause, 13th amendment ban on involuntary servitude, Espionage Act (1917)

Leaflets to refuse draft

Impact: established “clear and present danger” test, which restricted 1a free speech during wartime if it posed significant risk to nat’l security.

Shaw v. Reno (1993)

14th amendment - Equal Protection Clause, Voting Rights Act (1965)

Gerrymandering

Facts: No NC reps were Black but 20% of pop. was. NC drew 2nd majority Black district that was windy/incongruous to account (to elect more Black legislators). 5 white voters sued bec of racial gerrymandering/violated EPC.

Arguments: Shaw argued that NC was violating EPC for racial gerrymandering. Reno argued that NC was trying not to dilute voting power of Black ppl to keep up with VRA & that drawing this district did not dilute white voting power.

Decision: Shaw. Districts cannot be drawn only based on race. EPC violated.

Impact: Racial gerrymandering is unconstitutional. Abolishes majority-minority districts. Strict scrutiny - gov has to prove compelling gov interest & that law is tailored to fit that interest.

Wisconsin v. Yoder

1st amendment - Free Exercise Clause

Amish no school

Tinker v. Des Moines

1st amendment - Free Speech Clause

Armbands anti Vietnam War.

Brown v. Board of Education

14th amendment - Due Process Clause, Plessy v. Ferguson - separate but equal

Baker v. Carr (1962)

14th amendment - Equal Protection Clause

Redistricting is justiciable, one man one vote

Facts: In TN, urbanization happened over time. They did not redraw district lines to accommodate, so rural voters ended up having more voting power than urban. SCOTUS decided court cannot rule on redistricting bec its political.

Arguments: Baker - not represented, TN violates EPC. Carr - SCOTUS does not have authority to decide regarding distribution of voting districts.

Decision: Baker. Issues of reapportionment were justiciable.

Impact: Established one person, one vote doctrine so all people were represented. Altered representation across US, states required to redistrict. SCOTUS involved in political questions.

Marbury v. Madison

Judiciary Act of 1789, Article III - SCOTUS’s jurisdiction

Judicial Review, Midnight Judges

NYT v. US

1st Amendment - Free Speech Clause, Free Press

Prior restraint is bad, Vietnam Nixon Pentagon Papers

Facts: Vietnam conflict. US involved to “contain communism”, but not much progress even though lots of US died. Not officially a war. Nixon found that presidents/agencies had lied to public about war. Leaked to WaPo/NYT that people dying for no reason (Pentagon Papers). Nixon filed cease and desist to restrain publication.

Arguments: US argued “prior restraint”→threat to nat’l security, tried to stop publication before they were printed. NYT argues 1a freedom of press, that PR was infringing.

Decision: NYT. Allowed NYT to keep printing PP, Nixon’s restraining order unconstitutional. Prior restraint CAN be used if ACTUALLY nat’l security issue.

Impact: whenever a case regarding freedom of press comes to court, odds are high that court will be against prior restraint. Victory against censorship.

Citizens United v. FEC

1st Amendment - Free Speech Clause, Bipartisan Campaign Finance Act

Hillary movie is fine

Facts: BCRA explained limits for individuals contributing $ to candidates & corps/non-profits not allowed to engage in electioneering comms for 60 days before election/30 days before primary. Conservative CU made Hillary: The Movie with damning accusations against her to slow her bid for POTUS.

Engel v. Vitale

1st Amendment - Establishment Clause, 14th Amendment

No prayer in public school

Facts: Non-denominational prayer after pledge at school. Children could opt-out.

Arguments: Engel argued that public school violated EC. Vitale argued that it was a NY state law so it doesn’t concern Congress/EC. Engel also argued 14a - no STATE can enforce a law that infringes on 1st amendment rights.

Decision: Engel. US cannot influence what kinds of prayer US ppl can say (1a); even though kids could opt-out, needs to be wall btwn church/state.

Impact: Court ruled in favor of individual liberties, established precedent for other cases abt schools/religion.