AP GOV test 1 SCOTUS Cases

McCulloch v. Maryland (1819)

the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers

Barron v. Baltimore (1833)

The guarantee in the 5th Amendment that private property shall not be taken "for public use, without just compensation" is not applicable to state governments as well as the federal government.

Gitlow v. New York (1925)

Established precedent of applying 1st amendment protections to the states; states cannot deny freedom of speech --protected through due process clause of Amendment 14

Oregon v. Smith (1990)

Banned the use of illegal drugs in religious ceremonies. Ruled that the government can act when religious practices violate criminal laws. Limit to first amendment freedom of expression.

Engel v. Vitale (1962)

Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause.

Reynolds v. United States (1879)

Prevents polygamy as result of religious belief/practice as marriage was defined by law with two people. Limit to 1st amendment expression clause.

Lemon v. Kurtzman (1971)

Established 3-part test to determine if 1st amendment establishment clause is violated in schools receiving federal funding.

1. non-secular purpose

2. Doesn’t advance/inhibit religion

3. No excessive entanglement with the government

Wallace v. Jaffree (1985)

An Alabama law that authorized a one-minute period of silence in all public schools "for meditation or voluntary prayer" violated the First Amendment's establishment clause.

Wisconsin v. Yoder (1972)

The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the eighth grade because it would violate 1st amendment expression clause.

Schneck v. United States (1919)

Government can limit speech if the speech provokes a "clear and present danger" of substantive evils

Brandenburg v. Ohio (1969)

1st and 14th Amendments protected speech advocating violence at KKK rally unless it directed or produced "imminent lawless action" (Clear and present danger)

New York Times v. Sullivan (1964)

The Supreme Court concluded that "actual malice" must be proved to support a finding of libel against a public figure.

Roth v. United States (1957)

Established that obscenity is not within the area of constitutionally protected speech or press. Obscenity determined by test including:

1. Whether the average person would find that the material appeals to a prurient interest in sex

2. Whether the material was utterly without redeeming social or artistic value.

Tinker v. Des Moines (1969)

Expanded upon student's rights to symbolic and expressive speech in schools (Wearing black armband to advocate anti-war)

New York Times v. United States (1971)

"Pentagon Papers;" government must prove actual harm to national security if it seeks prior restraint to censor the press.

Hazelwood v. Kuhlmeier (1988)

The U.S Supreme Court held for the first time that public schools can limit what appears in school-sponsored student publications. (1st amendment freedom of press)

DC v. Heller (2008)

Individuals, not just militias, have a right to own firearms. Expanded the rights of the 2nd amendment federally, not to states.

McDonald v. Chicago (2010)

The Second Amendment right to keep and bear arms for self-defense is applicable to the states. (Chicago tried to limit fire arm ownage)

Weeks v. United States (1914)

Established the exclusionary rule in federal cases. Prohibited evidence obtained by illegal searches and seizures from being admitted in court. Not applied to states, just federal.

Mapp v. Ohio (1961)

Established exclusionary rule; illegally obtained evidence cannot be used in court; incorporated to states

United States v. Leon (1984)

Supreme Court ruled that the exclusionary rule need not apply to evidence obtained by law enforcement officers who acted in good faith on a search warrant properly issued but later found to be defective. (Good faith meaning that if there was an invalid warrant due to a spelling mistake or something it would be admissible still.)

Katz v. United States (1967)

Expanded the 4th amendment protection against illegal searches to cover electronic surveillance (Pay phones, telephones)

Riley v. California (2014)

Held that police must obtain a warrant before searching a smartphone for information. 4th amendment expansion

Miranda v. Arizona (1966)

The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent. 5th amendment, resulted in mandatory reading of Miranda rights before questioning.

Powell v. Alabama (1932)

Court ruled that state governments must provide counsel in cases involving the death penalty to those who can't afford it.

Betts v. Brady (1942)

The Court ruled that poor defendants in noncapital (Not death penalty) cases are not entitled to an attorney at government expense. (Unless defendant is illiterate or sped)

Gideon v. Wainwright (1963)

Ordered states to provide lawyers for those unable to afford them in felony cases. (6th amendment incorporation for felons)

Argersinger v. Hamlin (1972)

Expanded upon Gideon v. Wainwright. Ordered states to provide lawyers for those unable to afford them in any case in which the defendant faces jail time. (6th amendment incorporation for all cases)

Furman v. Georgia (1972)

Found that the imposition of capital punishment was often racist and arbitrary. Court ordered a halt to all death penalty punishments in the nation until a less arbitrary method of sentencing was found.

Gregg v. Georgia (1976)

Solution to Furman v. Georgia. Upheld new Georgia death penalty laws requiring dual-phase trial and special circumstances; capital punishment does not constitute cruel & unusual punishment of 8th Amendment.

Roper v. Simmons (2005)

Execution of offenders for crimes committed while under the age of 18 is unconstitutional. (8th Amendment)

Atkins v. Virginia (2002)

Execution of developmentally disabled offenders is unconstitutional. (8th Amendment)

Grisworld v. Connecticut (1965)

Marriage privacy. states cannot create a law preventing married couples from using contraceptives (4th Amendment expansion)

Roe v. Wade (1973)

The court legalized abortion by ruling that state laws could not restrict it during the first three months of pregnancy. Based on 4th Amendment

Bowers v. Hardwick (1986)

Gay people not protected. Equal protection and due process not extended to same-sex relationships. Legalizing gay marriage is up to states

Obergefell v. Hodges (2015)

Same-sex couples have a constitutional right to marry. 14th Amendment interpretation

Eisenstadt v. Baird (1972)

Extended the right to use contraceptives to single people. 4th amendment extension

Webster v. Reproductive Health Services (1989)

States may ban the use of public hospitals for abortions.

Dobbs v. Jackson (2022)

The Constitution does not confer a right to abortion; allows "the people and their elected representatives" to decide abortion questions (meaning its up to the states). Roe v. Wade overturned.

Dred Scott v. Sanford (1857)

Says that slaves are not citizens. Runaway slaves must be returned to their owner/owner's family, even if they are in a free state when caught.

Plessy v. Ferguson (1896)

Legalized segregation in publicly owned facilities on the basis of "separate but equal."

Brown v. Board of Education (1954)

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. Only school desegregated, civil rights act of 1964 completely banned segregation in all public places.

Brown v. Board of Education II (1955)

School districts and federal courts must implement the Court's decision in Brown v. Board of Education, I (1954) "with all deliberate speed."

Shaw v. Reno (1993)

Legislative redistricting must be conscious of race and ensure compliance with the Voting Rights Act of 1965

Heart of Atlanta Motel v. US (1964)

Congress has the right the prohibit racial discrimination in places of public accommodation through the Commerce Clause because the interstate movement of people is "commerce." Even if the public accommodation is of a purely "local" character, Congress' power to regulate interstate commerce extends to local incidents thereof which might have a substantial and harmful effect on that commerce

United States v. Lopez (1995)

Commerce clause of Constitution does not give Congress the power to regulate guns near state-operated schools. Gun laws are operated on state level, Lopez was charged federally due to 1990 Gun-Free School Zones act, leading to the case resulting in the act being ruled out of the power of congress.

United States v. Virginia (VMI)

Courts rules that institutions of higher learning cannot discriminate based on gender in their admissions policy.

Grove City College v. Bell (1984)

The Supreme Court ruled that governmental educational grants to students implicate the institution as a recipient of governmental funds; therefore, it must comply with government nondiscrimination provisions. However, only the specific department or program receiving the funds, not the whole institution, was barred from discriminating

Baker v. Carr (1962)

Ordered state legislative districts to be as near equal as possible in population