Required Court Cases - AP Gov

Marbury v. Madison

Established principle of **Judicial Review** to allow SC to interpret the law

* Judiciary Act of 1801 created lower courts
* Marbury argued appointment of justices was illegal
* Supreme Court has the right to declare laws unconstitutional

Engel v. Vitale

* Does reading a nondenominational prayer at the beginning of a school day violate the **Establishment Clause** of 1st Amend.?
* Ruled in favor of Engle, no public school participation in any religion

Roe v. Wade

* Roe sought an abortion, but Texas law prohibited
* Does the Constitution recognize a women’s right to terminate her pregnancy by abortion?
* Majority Opinion: yes, women have the right to privacy so no bans on abortion

Wisconsin v. Yoder

* Amish fathers refused to send their children to secondary school
* Did Wisconsin’s requirement to go to school violate free exercise clause?
* Yes, individual interests and free exercise clause more important than state’s interest in mandating an additional year or two of school

Tinker v. Des Moines

* 1960s era, students wore black armbands to protest vietnam deaths
* School banned armbands to prevent disruption
* Does prohibition of armbands in school violate students’ right to free speech?
* Yes, students don’t lose right to speech or expression
* Educational disruption test = in a public school, students can be censored if they wear or say something that disrupts learning

New York Times Co. v. United States

* President wanted NYT article removed for security reasons
* Does the govt have the right to censor certain info in matters of national security?
* Security is vague so must explain, people have right to know what is happening in Vietnam


* However, prior restraint is ok only if national security threat

Gideon v. Wainwright

* Gideon charged with breaking and entering in a Florida court
* Wanted to request a lawyer but denied
* Filed Habeas Corpus petition
* Does 6th amend right to council in criminal cases extend to felony defendants in state courts?
* Yes, 6th amendment extends to state courts, so right to council

McDonald v. Chicago

* Chicago resident wanted a hand gun to protect his property, but ban on handguns
* Does 2nd amend apply to the states because it is incorporated by the 14th amend?
* Chicago handgun ban was unconstitutional because it was too restrictive

Miranda v. Arizona

* Miranda arrested and signed a confession but didn’t know he could request council
* Does 5th amendment’s protection against self incrimination extend to police interrogation?
* Yes, defendant needs to be told rights before questioning (right to remain silent, right to attorney)

Schenck v. US

* during WW1
* Passing out leaflets against the war effort
* State said he was guilty under espionage act
* Can people speak out against the state during war time?
* SC found Schenck guilty, posed a clear and present danger
* **Clear and present danger test - 1st amendment speech can be limited**

Lemon v. Kurtzman

* 2 states adopted statutes to pay for non-secular, non-public school expenses
* Is it a violation of the establishment clause for state tax dollars to go to a private school?
* Law is ok if it passes Lemon Test
* Lemon Test: non religious, can neither advance or inhibit religion, avoid excessive entanglement

NJ v. TLO

* Teacher smelled cigarette smoke in the bathroom
* Friend said TLO was smoking, but TLO denied
* Principal searched purse and found rolling papers, marijuana, $1 bills, and list of students that owed TLO money
* Does exclusionary rule apply to searches conducted by school officials in public schools?
* Search had reasonable suspicion, so school can search

Brown v. Board

* racial segregation in public schools was inherently unequal
* Violates the 14th Amendment Equal Protection Clause
* Required schools to be integrated with “all deliberate speed”

Griswold v. Connecticut

* “Does the Constitution protect the right of marital privacy against state restrictions on a couple's ability to be counseled in the use of contraceptives?”
* Yes, can’t ban contraceptives
* Constitution includes an inferred right to privacy

McCulloch v. Maryland

* Maryland taxed National Bank
* Supremacy Clause does not allow Maryland to do so
* National law supreme over state law

U.S. v. Lopez

* Congress passes Gun Free School Zones Act
* Supreme Court decides federal law unconstitutional and
* Commerce Clause cannot be used to justify this federal action

Citizens United v. FEC

* Campaign expenditures by corporations and labor unions is protected by the **1st amendment’s free speech**
* Led to formation of SuperPACs (can’t donate directly to a campaign but can spend money on behalf of a candidate or making attack ads)

Baker v. Carr

* Tennessee refused to redistrict even though population shifts from rural to urban
* 14th Amendment’s Equal Protection Clause means redistricting not a political question and thus the courts can review - “One man, one vote”

Shaw v. Reno

* North Carolina created 2 majority-minority districts to follow Voting Rights Act of 1965
* 14th Amendment’s Equal Protection Clause means race can not be the dominant factor when gerrymandering

Buckley v. Valeo

* campaign spending is a form of speech, cannot overly restrict