AP Gov Required Cases + Bill of Rights Amendments and 14th Amendment

Unit 3

Marbury v. Madison

• Details/summary: Madison stacked the SC with appointments for justices who withheld commissions

• Ruling: Marbury, he deserved his commission

• Constitutional principle: judicial review

• Importance: Constitution is the supreme law of the land, over legislation, SC checks other branches on their constitutionality

McCulloch v. Maryland

• Details/summary: Maryland tried to tax Second Bank of US, questioned constitutionality of bank since it wasn’t explicitly outlined in Constitution

• Ruling: McCulloch, bank was Constitutional under Necessary and Proper Clause, can’t tax the bank under supremacy clause

• Necessary and Proper Clause, Supremacy Clause

• Importance: expanded federal power over state power

Schenck v. US

• Details/summary: Schenck distributed papers encouraging people to go against the draft during WWI, obstructed services of the US

• Holding: US, in times of war its ok to limit speech

• Constitutional Principle: 1st Amendment free speech, Espionage act

• Importance: set a precedent of “clear and present danger” being used to limit free speech

Brown V. Board of Education

• details/summary: Brown denied admission to a school because she was black

• Holding: Brown, segregation of schools is unconstitutional under Equal Protection Clause

• Constitutional Principle: 14th Amendment Equal Protection Clause

Baker v. Carr

• details/summary: Baker felt his vote was diluted since he was located in a big city compared to voters in rural areas

• Holding: Baker, authorized to redraw congressional lines

• Constitutional Principle: 14th Amendment Equal Protections Clause, “one person, one vote”

• Importance: all votes carry the same weight/importance

Engel v. Vitale

• details/summary: Public schools having prayer

• Holding: Engel, school sponsored prayer is unconstitutional

• Constitutional Principle: 1st Amendment Establishment Clause

• Importance: Reinforced separation between church and state

Gideon v. Wainwright

• details/summary: Gideon arrested but couldn’t afford lawyer, he requested one from Florida but was denied

• Holding: Gideon, must give them lawyer, 6th Amendment applies to states/incorporated using 14th

• Constitutional Principle: 6th Amendment

• Importance: state courts must provide counsel

Tinker v. Des Moines

• details/summary: students wore black armbands protesting Vietnam War, they were sent home

• Holding: Tinker, armbands were part of free speech

• Constitutional Principle: 1st Amendment

• Importance: students can peacefully protest, set precedent for freedom of speech in schools

NY Times Company v. US

• details/summary: “Pentagon Papers” case, military analyst leaked classified info and argued it threatened national security

• holding: NY Times, US can’t stop them from publishing

• Constitutional Principle: 1st Amendment freedom of the press

• Importance: Defeated “prior restraint”, US can’t censor the press before it is published

Wisconsin v. Yoder

• details/summary: Amish and Medonite communities didn’t want to send their kids to school past middle school

• holding: Yoder, kids can be dropped from high school for religious reasons

• Constitutional Principle: 1st Amendment Free Exercise Clause, 14th Amendment

• Importance: supported religious freedom under free exercise clause

Roe v. Wade

• details/summary: Roe needed an abortion but was denied by Texas law, she sued district attorney Wade

• holding: Roe, unwanted pregnancies violate right to liberty w/o due process (due process clause) and abortions are a reserved right

• Constitutional Principle: 9th Amendment)rights exist even if they aren’t explicitly stated), 14th Due Process Clause

Shaw v. Reno

• details/summary: North Carolina showed reapportionment plan and Attorney General Reno rejected it and requested another majority black district, gerrymandering

• holding: Shaw, can’t draw district lines with race being the ONLY factor

• Constitutional Principle: 14th Amendment Equal Protections Clause

• Importance: voters can challenge districts that use racial gerrymandering, race can’t be the only factor of redistricting

US v. Lopez

• details/summary: Loped convicted of carrying a gun in school, violating GFSZA, Lopez appealed since carrying a gun has nothing to go with commercial clause

• holding: Lopez, carrying a gun is not a commercial activity

• Constitutional Principle: Enumerated powers - commerce clause

• importance: limited powers of congress and gave it to the states

McDonald v. Chicago

• details/summary: tried to ban handguns in Chicago

• holding: MacDonald, Due Process Clause incorporated 2nd Amendment

• Constitutional Principle: 14th Amendment Due process clause, 2nd Amendment

• importance: incorporated 2nd Amendment

Citizens United v. FEC

• details/summary: CU made a film supporting Hilary Clinton in election, FEC argued it violated Bipartisan Campaign Reform Act (limits advertisement of candidates), CU sued FEC

• holding: CU, 1st Amendment protects corporate funding on independent broadcasts in elections

• Constitutional Principle: 1st Amendment Freedom of Speech

• importance: orgs and corporations can express their political beliefs by donating

1st Amendment

Freedom of speech, religion, press, assembly, petition

• Establishment Clause: US can’t sanction an official religion

• Free Exercise Clause: Gov can’t interfere with the practice of religion (besides illegal activities)

2nd Amendment

right to bear arms

3rd Amendment

forbids quartering of troops (not that important)

4th Amendment

protects against unlawful search and seizures, evidence from unlawful search and seizures can’t be used

5th Amendment

rights for criminals in legal proceedings

• Double jeopardy clause: can’t be tried twice for same crime

• Self incrimination clause: right to remain silent “plead the 5th” (Miranda Rights)

6th Amendement

rights for criminals during TRIAL

• speedy and public trial, impartial juries, witness, right of counsel (lawyer)

7th Amendment

jury trial when amount exceeds $20, can’t re-exam jury-determined facts

8th Amendment

no excessive bail or fines, no cruel and unsusual punishment

9th Amendment

just because there are rights not explicitly stated in Constitution doesn’t mean they don’t exist

10th Amendment

rights not explicitly stated in constitution go to the state or individual

14th Amendment

a lot of civil rights stuff

• Due Process Clause: cannot be deprived of life, liberty, property without due process - it is used for incorporation

• Equal Protections Clause: equal protections of the law to all people (regardless of race, orientation, etc.)