Required Cases AP Gov

Format: Constitutional hook; High-yield holding (what the court said); What it's usually testing

Marbury v. Madison

Article III: Separation of powers; Established judicial reviews (court can strike laws that violate the constitution); “who decides what the constitution means" established the principle of judicial authority.

McCulloch v. Maryland

Necessary and proper clause, supremacy clause; Congress has implied powers, states can’t tax or block valid federal actions; National power beats state interference

United States v. Lopez

Commerce Clause, federalism; Congress can’t use Commerce Clause to regulate non-economic activity too remotely related to interstate commerce (gun-free school zones act struck); Limits on congressional power

Engel v. Vitale

First amendment, establishment clause; School-sponsored prayer in public schools in unconstitutional (even if “non-denominational” and voluntary; Establishment clause basics

Wisconsin v. Yoder

First Amendment, free exercise clause; States can’t force Amish families to follow compulsory schooling past a point when it substantially burdens religious practice without sufficient justification; Free exercise vs. state burdens)

Tinker v. Des Moines

First amendment speech (students); Student speech is protected unless it causes substantial disruption or infringes on others’ rights; student expression standard

New York Times v. United States

First amendment press; prior restraint; Prior restraint (stopping publication ahead of time) is presumptively unconstitutional; heavy burden on government; press freedom, censorship

Schneck v. United States

First Amendment speech limits; speech can be restricted when it poses a clear and present danger (wartime context, upheld conviction); when speech is not protected

Gideon v. Wainwright

Sixth amendment counsel, 14th incorporation; States must provide and attorney to indigent defendants in serious criminal (felony) cases; Right to counsel; incorporation

Miranda v. Arizona

Fifth amendment self-incrimination, sixth counsel; Police must inform suspects of rights before custodial interrogation; otherwise statements may be excluded; Criminal procedure, due process

Roe v. Wade

14th amendment due process (privacy); Recognized a constitutional right to privacy encompassing abortion decisions (with a framework balancing state interests); Substantive due process; privacy

Baker v. Carr

14th amendment equal protection, justiciability; redistricting challenges are not justiciable (not automatically “political questions”), opened door to “one person, one vote” line of cases; courts can hear apportionment cases

Shaw v. Reno

14th amendment equal protection; Racial gerrymanders with bizarre shapes can violate equal protection, subject to strict scrutiny; limits on race-based districting

Citizens United v. FEC

First amendment (political speech); Government can’t ban independent political expenditures by corporations/unions; spending is protected political speech; money, speech, elections

Regents of the Univ. of California v. Bakke

Equal Protection, Title VI; Quotas based on race are unconstitutional, but race can be one factor in admissions to pursue diversity; affirmative action framework