AP Gov Judicial Cases

Established the principle of Judicial Review; the Supreme Court has the power to declare laws unconstitutional (Article III vs. Judiciary Act of 1789).

Marbury v. Madison (1803)

Established the supremacy of the U.S. Constitution and federal laws over state laws; confirmed Congress has implied powers under the Necessary and Proper Clause.

McCulloch v. Maryland (1819)

Ruled that speech creating a "clear and present danger" is not protected by the First Amendment; established that rights are not absolute during wartime.

Schenck v. United States (1919)

Ruled that race-based school segregation violates the 14th Amendment Equal Protection Clause; overturned the "separate but equal" doctrine of Plessy v. Ferguson.

Brown v. Board of Education (1954)

Opened the door to federal courts regulating state legislative redistricting; established that redistricting is a justiciable issue under the 14th Amendment Equal Protection Clause.

Baker v. Carr (1961)

Ruled that school sponsorship of religious activities (like a daily, voluntary prayer) violates the Establishment Clause of the First Amendment.

Engel v. Vitale (1962)

Guaranteed the right to an attorney for the poor or indigent in a state felony case; incorporated the 6th Amendment via the 14th Amendment Due Process Clause.

Gideon v. Wainwright (1963)

Ruled that public school students have the right to symbolic speech (like wearing armbands) unless it causes a substantial disruption to the educational process.

Tinker v. Des Moines (1969)

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

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

Ruled that compelling Amish students to attend school past the eighth grade violates the Free Exercise Clause of the First Amendment.

Wisconsin v. Yoder (1972)

Extended the right of privacy to a woman's decision to have an abortion based on the Due Process Clause of the 14th Amendment (Overturned in 2022).

Roe v. Wade (1973)

Ruled that legislative redistricting must be conscious of race but cannot make race the sole or dominant factor; racial gerrymandering violates the Equal Protection Clause.

Shaw v. Reno (1993)

Ruled that Congress may not use the Commerce Clause to make possession of a gun in a school zone a federal crime; recognized limits on federal power.

United States v. Lopez (1995)

Ruled that the Second Amendment right to keep and bear arms for self-defense is applicable to the states via the 14th Amendment's Due Process Clause (Selective Incorporation).

McDonald v. City of Chicago (2010)

Ruled that political spending by corporations, associations, and labor unions is a form of protected speech under the First Amendment; led to the creation of Super PACs.

Citizens United v. FEC (2010)

Background: William Marbury sued James Madison for a judicial commission that was not delivered before the presidential administration changed from Adams to Jefferson.

Marbury v. Madison (1803)

Background: Maryland attempted to tax the Second Bank of the United States because it was a federal institution operating within state borders; the cashier refused to pay.

McCulloch v. Maryland (1819)

Background: A socialist was arrested for distributing pamphlets during WWI urging men to resist the draft, violating the Espionage Act.

Schenck v. United States (1919)

Background: African American students in Topeka, Kansas were denied admittance to certain public schools and forced to cross dangerous railroad tracks to attend segregated schools.

Brown v. Board of Education (1954)

Background: Tennessee had not redrawn legislative districts in over 60 years, leading to rural votes counting significantly more than urban votes.

Baker v. Carr (1961)

Background: The New York State Board of Regents authorized a voluntary, non-denominational prayer to be recited at the start of the school day.

Engel v. Vitale (1962)

Background: A man was charged with breaking and entering a pool hall in Florida; he requested a lawyer but was denied one because it wasn't a capital case.

Gideon v. Wainwright (1963)

Background: Students in Iowa were suspended for wearing black armbands to school to protest the Vietnam War and support a truce.

Tinker v. Des Moines (1969)

Background: The Nixon Administration attempted to stop the publication of the "Pentagon Papers," which contained classified information about the Vietnam War.

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

Background: Amish parents refused to send their children to high school, arguing the curriculum was contrary to their religious beliefs and way of life.

Wisconsin v. Yoder (1972)

Background: Norma McCorvey (Jane Roe) challenged a Texas law that made it a felony to perform an abortion unless the mother’s life was in danger.

Roe v. Wade (1973)

Background: North Carolina created a bizarrely shaped congressional district (stretching 160 miles along I-85) to ensure the election of an African American representative.

Shaw v. Reno (1993)

Background: A high school senior in San Antonio was charged under a federal law (Gun-Free School Zones Act) for carrying a concealed weapon into his school.

United States v. Lopez (1995)

Background: A man in Chicago challenged a city law that banned handgun possession, arguing he needed it for self-defense in his high-crime neighborhood.

McDonald v. City of Chicago (2010)

Background: A conservative non-profit group was prevented by the FEC from airing a film critical of Hillary Clinton shortly before a primary election.

Citizens United v. FEC (2010)

Quote: "The power to tax involves the power to destroy."

McCulloch v. Maryland (1819)

Quote: "Separate educational facilities are inherently unequal."

Brown v. Board of Education (1954)

Quote: "It is emphatically the province and duty of the judicial department to say what the law is."

Marbury v. Madison (1803)

Quote: "One person, one vote."

Baker v. Carr (1961)

Quote: Students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

Tinker v. Des Moines (1969)

Quote: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing panic."

Schenck v. United States (1919)

Quote: "Lawyers in criminal courts are necessities, not luxuries."

Gideon v. Wainwright (1963)

Quote: "Wall of separation" between church and state (referenced as being breached).

Engel v. Vitale (1962)

Quote: "The press was to serve the governed, not the governors."

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

Quote: "Political speech is crucial to democracy… [it] doesn't matter if that speech comes from a person or a corporation."

Citizens United v. FEC (2010)