Required Documents & Court Cases for AP US Gov

Marbury v Madison (1803)

Marbury v Madison (1803)

established the principle of judicial review—the power of the federal courts to declare legislative and executive acts unconstitutional

McCulloch v. Maryland (1819)

• court ruled that states could not tax national bank

  • Reinforced supremacy clause of Constitution - issues between state + federal government laws should be ruled in favor of federal

  • Necessary and proper clause - banks were necessary to implement federal powers

Schenck v. United States (1919)

• a socialist (Schenck) handing out leaflets telling men not to enlist was arrested

  • Unanimous decision, conviction was constitutional and resulting from violation of the Espionage Act of 1917

  • Speech posed a “clear and present danger” to the US

Brown v. Board of Education (1954)

a group of families from Kansas sued the city’s board of education for enforcing segregation

• Unanimous decision ruled that school segregation was unconstitutional nationwide

Engel v. Vitale (1962)

• families sued their children’s school district for forcing prayer in the classroom

  • Violated First Amendment’s establishment cause

  • 6-1 decision ruled that school prayer violated First Amendment

Baker v. Carr (1962)

• Charles Baker sued Tennessee for not redrawing its state legislative districts because his county’s population had grown but not gained representation

  • Violated 14th amendment (equal protection of the law)

  • Ruled in 6-2 decision that the government can force states to redistrict every 10 years

  • Led to the development of the “one person, one vote” doctrine

  • Gave federal courts the right to weigh in on redistricting

Gideon v. Wainwright (1963)

• Earl Gideon was accused of breaking-and-entering, theft, and destruction of property but was not given an attorney

  • Unanimous decision that Florida violated 6th Amendment right to an attorney

Tinker v. Des Moines (1969)

• John and Mary Beth Tinker wore black armbands to school to protest the Vietnam War

  • In West Virginia State Board of Education v. Barnette (1943), the Supreme Court ruled that the First Amendment protects minors at school under certain circumstances

  • 7-2 decision, ruled that children in public schools were protected by the First Amendment if their speech did not violate constitutional, specific regulations and does not cause a “substantial disruption”

New York Times v. United States (1971)

• Daniel Ellsberg leaked the Pentagon Papers (about US in Vietnam) to the New York Times, when the Washington Post started to publish the Pentagon Papers, the government sued

  • Said to have violated the Espionage Act of 1917

  • 6-3 decision - Supreme Court ruled that the newspapers could publish the Pentagon Papers because the government had not had the proof necessary to enact prior restraint

  • Established a “heavy presumption against prior restraint” including in cases that involve national security

Wisconsin v. Yoder (1972)

• three Amish families were fined for taking their children out of school after eighth grade

  • 8-1 decision ruled that Amish families were allowed to take their children out of school after the eighth grade (free exercise clause)

Shaw v. Reno (1993)

• white voters living in North Carolina’s 12th district sued the state for gerrymandering to isolate African Americans into the 12th district

  • Ruled in 5-4 decision that the state was using racial bias in its redistricting

  • Violated equal protection clause

  • Any racial gerrymandering required a compelling state interest

United States v. Lopez (1995)

• challenge to the Gun-Free School Zones Act of 1990 (banned guns on school property)

  • Held that commerce clause didn't allow regulation of carrying guns

  • New phase of federalism - state sovereignty and local control were important

McDonald v. Chicago (2010)

• McDonald wanted to buy a gun for self-defense but couldn’t because of city restrictions on handgun registrations, said it violated 14th Amendment’s due process clause

  • 5-4 decision ruled that states cannot impede their citizens’ rights to keep and bear arms

Citizens United v. F.E.C. (2010)

The Court ruled, 5-4, that the First Amendment prohibits limits on corporate funding of independent broadcasts in candidate elections.

Declaration of Independence

• A formal declaration of war between America and Great Britain

• Written by Thomas Jefferson

• List of grievances (“crimes” King George III committed against the colonies)

  • Used to explain why the colonies are declaring independence

• Used as a template by other nations declaring independence

Articles of Confederation

Confederal Government; Weak- Congress not given many powers
★ Unicameral Legislature
○ Each State = 1 vote
○ 2-7 Delegates

Written by John Dickinson
★ No Executive/ No Judicial

The Constitution

★ Outlines the structure of the government
★ Three branches of government
★ Relationships between states
★ Amendment process?
★ 27 Amendments (including the Bill of Rights)

Federalist 10

• Written by James Madison

• Addresses dangers of factions + how to protect minority interest groups in a nation ruled by majority

• Argues that a large republic keeps any single faction from taking control

• Major dissent: Anti-Federalists thought that Madison’s claims were unrealistic and that a country with multiple factions could never create a good union

  • Believed that no large nation could survive and that states’ separate interests would fracture the republic

Brutus 1

• Anonymous author (pseudonym Brutus) asked questions about + critiqued the draft of the Constitution

• The first publication that began a series of essays known as the Federalist and Anti-Federalist Papers

• National government had too much power, an army could prevent liberty, and representatives may not truly be representative of the people

• Major dissent: The Federalist Papers attempted to answer questions and address concerns posed by Brutus + other Anti-Federalists

Federalist 51

• Written by James Madison

• Argued that separation of powers would make the government efficient, dividing responsibilities and tasks

• Major dissent: Anti-Federalists believed that there was no perfect separation of powers and that one branch of government would eventually hold more power

Federalist 78

★ discusses the power of judicial review
★ Argues that the federal courts have the duty to determine whether acts of
Congress are constitutional and to follow the Constitution when there is
inconsistency.
★ Hamilton viewed this as a protection against abuse of power by Congress.
★ “It only supposes that the power of the people is superior to both
(legislative and executive); and that where the will of the legislature,
declared in its statutes, stands in opposition to that of the people,
declared in the Constitution, the judges ought to be governed by the latter
rather than the former.

Federalist 70

★ Argues for a strong executive leader, as provided for by the Constitution,
as opposed to the weak executive under the Articles of Confederation.
★ “energy in he executive is the leading character in the definition of good
government.”

Letter from Birmingham Jail

• MLK arrested in Birmingham for organizing marches and sit-ins to protest segregation

• Wrote a letter to African American religious leaders, outlined key ideas about importance of nonviolent protest through peaceful assembly