APGov Required Court Cases, Clauses, and Foundational Documents (copy)

Schenck v. US (1919)

Facts: This person sent pamphlets to 15,000 people urging them to resist the draft for WWI and was arrested for violating the Espionage Act.

Decisions/Precedents: Free speech can be limited if it presents a “clear and present danger” to society.

• Espionage Act was upheld, and Schenck’s “speech” was not protected under 1st amendment. He was convicted

Tinker v. Des Moines School (1969)

Facts: These students were suspended for wearing armbands to protest the Vietnam war.

Decisions/Precedents: Speech in school can be limited only if it substantially interferes with the education process because the First Amendment does not stop at the schoolhouse gate.

• School’s ban on armband was unconstitutional b/c it was symbolic speech and was therefore protected under 1st Amendment

Marbury v. Madison (1803)

Facts: Congress passed a law that contradicted the Constitution.

Decisions/Precedents: Any law that conflicts with the constitution is unconstitutional, establishing the power of judicial review.

Engel v. Vitale (1962)

Facts: This student complained that he was being asked to say a non-sectarian school prayer.

Decisions/Precedents: A government written prayer violates the establishment clause of First Amendment.

• The NY school policy requiring school prayer was struck down

NY Times v. US (1971)

Facts: When a classified document was leaked about U.S. involvement in the Vietnam war, the government tried to stop the press.

Decisions/Precedents: The prior restraint of the press is only justified if national security is truly threatened.

• Fed govt did not meet validity of “prior restraint”, protecting NYT from censorship b/c inevitable threat to national security could not be proven (“heavy burden”)

Baker v. Carr (1962)

Facts: Tennessee citizens sued state b/c legislative districts haven’t been updated since 1901, despite massive urban/rural population shifts (leads to unequal representation and rural vote being valued higher than urban)

Decisions/Precedents: The Court formulated the famous "one person, one vote" standard under American law for legislative redistricting, holding that each individual had to be weighted equally in legislative apportionment in keeping with the Equal Protections Clause.

• Lead to widespread redistricting across US to ensure equal representation based on population

Wisconsin v. Yoder (1972)

Facts: An Amish family was prosecuted under a Wisconsin law that required all children to attend public schools until age 16, arguing that high school attendance was contrary to their religious beliefs.

Decisions/Precedents: Religious exemptions do exist in and around public education and the free exercise of religion can outweigh the state’s interest in compelling school attendance.

• Amish families were permitted to stop sending children to school after certain age. Found that attending HS is a “substantial burden” to Amish religious practice

Citizens United v. FEC (2010)

Facts: Citizens United wanted to air film critical of Hillary Clinton, but FEC ruled that it would violate Bipartisan Campaign Reform Act (BCRA), which restricted organizations from using general treasury funds for electioneering communications near elections.

Decisions/Precedents: Political spending is a form of protected free speech and the government may not limit independent expenditures by corporations, nonprofit organizations, or labor unions.

• Citizens United was allowed to air their film and limits on corporate “independent expenditures” were struck down. Allowed corporations/unions to spend unlimited money on electioneering and independent expenditures

• Paved way for SpeechNow v. FEC to create Super PACs

Shaw v. Reno (1993)

Facts: North Carolina residents challenged the constitutionality of an unusually shaped legislative district, alleging that its only purpose was to secure the election of additional black representatives.

Decisions/Precedents: The USSC ruled that redistricting predominantly based on race must be based on strict scrutiny basis under the Equal Protection Clause. Must serve a compelling govt interest.

• USSC ruled in favor of Reno (one of the North Carolina residents)

• Established “strict scrutiny” test

McDonald v. Chicago (2010)

Facts:

- 2008 District of Columbia v. Heller said that 2nd Amendment applied to only federal enclaves, not state and local govt.

Facts: Otis McDonald sued Chicago b/c its strict gun regulations made it near impossible to legally own a handgun.

Decisions/Precedents: USSC ruled that the right to bear arms under the Second Amendment applied at the state, local, and federal levels through the 14th Amendment Due Process clause.

• McDonald won and Chicago gun regulations were reworked and rescinded the ban.

Gideon v. Wainwright (1963)

Facts: Gideon was too poor to afford a lawyer when he was allegedly caught breaking and entering a pool room to steal money and alcohol. He was convicted.

- Judge refused b/c Sixth Amendment was widely understood to only apply to fed govt trials (didn’t apply to states unless “special circumstances”)

Decisions/Precedents: The Fourteenth Amendment due process clause requires states to follow the Sixth Amendment and provide counsel to poor defendants.

US v. Lopez (1995)

Facts: Alfonso Lopez brought a gun to HS, violating the federal law “Gun Free School Zones Act”, and he also violated Texas law.

Decisions/Precedents: The possession of a gun in a local school zone is not an economic activity that might, have a substantial effect on interstate commerce (limits federal power).

• Alfonso was still convicted under local law, but the federal law was deemed void in his conviction.

• The federal govt cannot interfere in Lopez’s conviction b/c commerce clause doesn’t apply

Brown v. Board of Education (1954)

Facts: This girl was not permitted to attend an all-white school even though it was a few blocks from her house.

Decisions/Precedents: Segregated schools are inherently unequal and violate the 14th Amendment’s Equal Protection Clause. It instilled sense of inferiority in hearts of black children

• Overturned Plessy v. Ferguson’s “separate but equal” doctrine and deemed segregation in school is unconstitutional

McCulloch v. Maryland (1819)

Facts: McCulloch, a bank cashier, refused to pay federal money towards a state tax when Congress chartered the Second Bank of US in 1816.

Decisions/Precedents: Ruled that Congress has powers not explicitly stated in Constitution but are necessary to execute its duties (based on Necessary and Proper Clause, also called Elastic clause)

• Established Congress’ implied powers through Elastic Clause

Commerce Clause

the congress shall have power… to regulate commerce with foreign nations, and among the several states, and with the indian tribes

Elastic Clause

to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all the other powers vested by this constitution

Supremacy Clause

the constitution, federal laws, and treaties are the supreme law of the land

Free Exercise Clause

congress shall make no law prohibiting the free exercise thereof

Establishment Clause

congress shall make no law respecting an establishment of religion

Free Speech Clause

congress shall make no law abridging the freedom of speech

Free Press Clause

congress shall make no law… abridging the freedom of the press

Lemon Test

a 3-part test used by the supreme court to analyze establishment clause challenges to laws looking for a secular purpose, no advancement or inhibition of religion and no excessive entanglement between church and state

Prior Restraint Rule

government restriction on speech or expression before it occurs

Due Process Clause of the 5th

no person shall be deprived of life, liberty, or property without due process of law

• Only applies to federal goct

14th Amendment Due Process Clause

no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or property without due process of law

• Extends on 5th Amendment, applying to state and local govt

Equal Protection Clause

14th Amendment

• States must treat individuals in similar situations equally under the law, preventing discrimination

Right to Bear Arms

2nd Amendment

Selective Incorporation

legal principle that applies the bill of rights to state laws throughout the 14th amendment on a case-by-case basis

• Derived from 14th Amendment due process clause

Right to Counsel

to have the assistance of counsel for his defense

Time Place or Manner

regulations that govern when, where, and how individuals can express themselves, aiming to balance free speech with public order and safety

Articles of Confederation

the first governing document of the US, establishing the functions of the national govt after the american revolution

• Unicamerial legislature, no executive, weak central govt

• Congress had no power to tax, regulate commerce, and amendment need unanimous consent

• Weakness highlighted by Shay’s Rebellion, where govt couldn’t raise a militia

Declaration of Independence

document that declared that the US were independent from britain and the govt's main function is to protect the natural rights of its citizens

Bill of Rights

the first 10 amendments to the constitution, it spells out american's rights in relation to their govt. it guarantees civil rights and liberties to the individual

Constitution Article 2

establishes the executive branch of the federal govt and defines the powers and responsibilities of the president

Federalist 78

argues for the importance of an independent judiciary and the concept of judicial review, where the courts have the power to determine whether laws passed by the legislature are constitutional

Brutus 1

• Argues against the ratification of the US constitution, the essay's main point is that a strong central govt could infringe on individual liberties and state sovereignty

• States are better at addressing individual citizens’ needs as they are closer than fed govt

• Necessary and Proper Clause would give Congress too much power

• Supremacy clause would invalidate state laws/constitutions

Federalist 51

• Argues for Constitution’s separation of power + checks & balances

• “Ambition must be made to counteract ambition” - each branches’ ambition counteracts the others

• Government is necessary b/c men are not angels. But it must also govern itself

• Federalism provides double security for the people

• The federal govt’s structure protects against govt abuses and prevents any one branch from becoming too powerful

Letter from a Birmingham Jail

• Letter written by MLK in 1963 while he was imprisoned for leading nonviolent civil rights demonstrations in Birmingham, Alabama

• Believed people had a responsibility to follow just laws and break unjust ones

• Do not wait for “proper time” and but must take direct action

• White moderates who prefers order over justice is worse than an outright racist (KKK)

Federalist 10

• James Madison wrote in response to Brutus 10, stating that a large, strong, pluralist republic is best for controlling factions

• Factions will always exist, you cannot eliminate them

• Small, direct voting allows majority to oppress minority

• Differing interest prevents any one, main faction to form and oppress

• a strong federal govt can protect liberty because it guards against the dangers of control by a narrow interest

Federalist 70

• Hamilton argued that a singular, “energetic” executive leader was needed for an effective govt

• Legislative branch is meant to be slow, deliberate to ensure careful lawmaking

• Multiple executive leaders makes it hard to executive laws and leads to disagreements

• Single leader ensures accountability as public can monitor them

1st Amendment

• Freedom of speech, press, religion, right to assembly, right to petition the govt

2nd Amendment

• Right to bear arms

4th Amendment

• Freedom from unreasonable searches and seizures

5th Amendment

• Cannot deprive life, liberty, property w/o due process (originally only applies to fed govt)
  - Extends to state/local govt through 14th Amendment

• No double jeopardy (can’t be tried for same crime twice)

6th Amendment

• Right to a fair, speedy trial and right to an attorney

8th Amendment

• Prohibits excessive bail, fines, and cruel/unusual punishments

10th Amendment

• Powers not specifically delegated to fed govt nor prohibited to states in the Constitution are reserved for the states/people

13th Amendment

• Formally abolishes slavery/involuntary servitude throughout the US (exception of convict labor)

14th Amendment

• Anyone born/naturalized in US is a citizen of the US

• Extends the Due Process Clause of 5th Amendment to the states/local govt

15th Amendment

• Prohibits federal, state, local govt from denying citizens right to vote based on race or color

• Secured voting rights for African American men

16th Amendment

• Gives Congress power to impose federal income tax on citizens/businesses regard of state population size

19th Amendment

• Prohibited fed, state, local govt from denying right to vote on account of gender

• Guaranteed women’s suffrage

22nd Amendment

• Set a 2 term limit for presidency

26th Amendment

• Lowered legal voting age from 21 to 18 for federal, state, local elections

• Vietnam War “Old Enough to Fight, Old Enough to Vote”