Court Cases AP Gov

Joemamaphat

Engel v. Vitale

A New York case that disallowed school sponsored prayer; citing the establishment clause of the first amendment.

Wisconsin v. Yoder

A court decision disallowing the state to force kids to go to school so long as they can present a religious reason for not doing so; citing the Free Exercise clause of the first Amendment.

Tinker v. Des Moines

A court decision allowing students the right to free speech in public schools so long as such speech does not impede study or teaching. (this is related to the first amendment)

Schenck v. US

A court case that set the precedent that the government may impede on the bill of rights when such is necessary to address a clear and present danger.

NYT (new york times) v US

A court case that set the president that the press may not be censored—even if such press is spreading information that is classified—so long as such information was obtained via legal means. (in this case it was a paper falling off a federal van)

Also set the precedent that the press may not be censored actively. (meaning the govt may not interfere with the press-unless such information is of existential nature-BEFORE such press is released.)

Gideon v. Wainwright

Ensures all the defendants the right to a attorney; citing the sixth amendment.

Plessy v. Ferguson

Set the separate but “equal” precedent that was later struck down by Brown v Board. (this court case was used by bigots as justification for jim crow and segregation)

Brown v Board

struck down the separate but “equal” precedent established by plessy v ferguson and set the precedent that all public buildings must be desegregated with haste. (the south dragged their feet with this)

Love v Virginia

Struck down any laws banning interracial marriage.

FEC v Citizens United

(Everyone hates this one) Set the precedent that the exchange of money to any political organization is considered as speech, therefore striking down any laws restricting such “speech”; citing the first amendment.

Marbury v Madison

Set the precedent that the courts had the power to review the constitutionality of laws and strike such laws down. (Judicial review)

Baker v. Carr

Set the precedent that electoral districts have to be roughly proportional by population. Citing the 14th amendment’s equal protection clause.

Show v. Reno

disallowed the government from creating districts among racial lines. Citing the 14th amendment’s equal protection clause.

US. v Lopez

Set the precedent that the commerce clause of the constitution may not be used to regulate guns.

McCulloch v Maryland

Set the precedent that the states may not tax the federal government and that the federal government is exempt from any state tax (like sales tax). They cited the supremacy clause.

Downes v Bidwell

(I hate this one) Set the precedent that the constitution does not follow the flag (the constitution is not applicable to occupied territories).

Establishment Clause

The government must remain neutral in the matters of religion. Although, small homogeneous towns usually ignore this.

Supremacy Clause

The federal government may not be impeded by lesser regional governments and is exempt from any regional laws; albeit in practice they avoid breaking any regional laws.

Commerce Clause

The Legislator may regulate interstate trade. Although, in practice, this allows the congress the regulate anything that can be bought and sold because such items may affect interstate trade by proxy.

Free Exercise Clause

The government may not impede on the free exercise of religion; even if such impediment is not purposeful. (however cults such as scientology are not protected… and some of the weird aspects of some new religions like polygamy in mormonism can be restricted)

Due Process Clause and Writ of Habeas Corpus

The government cannot just arrest people without court order and due process. In addition we posses the right to challenge accusations and court rulings. (almost always obstructed during war time)