ap gov SCOTUS cases & foundational documents

facts, const. principle, decision, impact

marbury v madison

facts: marbury petitioned for writ of mandamus to confirm his judicial appointment

const. principle: judicial review (article iii)

decision: confirmed judicial review (declare laws as unconstitutional)

impact: judicial branch is co-equal

mcculloch v maryland

facts: mcculloch wanted to tax US bank in maryland

const. principle: supremacy + N&P clause in article i

decision: federal laws > state laws, national bank is constitutional

impact: strengthened implied powers & fed gov

engel v vitale

facts: NYC school wanted to instate voluntary prayer 

const. principle: establishment clause (1st)

decision: school-sponsored prayers represent gov involvement 

impact: separation of church & state in education

wisconsin v yoder

facts: amish family was sued for pulling their children out of school 2 years early

const. principle: free exercise clause (1st)

decision: individual liberties → compulsory education does not mean insubordination to all other interests (religious exercise)

impact: allowed for religious exemptions from generally applicable laws

tinker v des moines

facts: schools made rule against students who wanted to wear black arm bands in protest of vietnam war

const. principle: freedom of speech (1st)

decision: schools can’t preemptively restrict when no clear disruption is present

impact: established substantial disruption test (on “school operations”)

new york times v united states

facts: nixon invoked prior restraint to prevent release of pentagon papers (exposing US lies on vietnam war)

const. principle: freedom of press (1st)

decision: prior restraint not valid because it wasn’t in interest of “national security”

impact: heavy presumption against prior restraint

schenck v united states

facts: schenk distributed pamphlets discouraging men from enlisting in wwi draft

const. principle: freedom of speech (1st)

decision: unlawful speech bc went against espionage act by actively encouraging avoidance

impact: ‘clear and present’ danger test

gideon v wainright

facts: gideon couldn’t afford a lawyer and florida didn’t provide one

const. principle: right to counsel (6th)

decision: guarantee of counsel applies to state courts

impact: states must provide legal representation for all criminal cases

mcdonald v chicago

facts: chicago’s ban on handguns prevented mcdonald from using one for self defense (lived in dangerous area)

const. principle: 2nd amendment (privileges & immunities)

decision: right to self defense is fundamental and applicable to states

impact: selective incorporation, indiv right to own firearms

brown v board of education

facts: linda brown denied entry to public school in her area, forced to commute further

const. principle: equal protection clause (14th)

decision: separate educational facilities are inherently unequal

impact: state-sanctioned segregation in public education is unconstitutional

baker v carr

facts: tennessee rural districts had more voting power than urban areas

const. principle: equal protection clause (14th) + political question doctrine

decision: legislative reapportionment cases are justiciable

impact: “one person, one vote” principle & caused mass redistricting

shaw v reno

facts: north carolina created “bizarrely shaped” district to increase black representation

const. principle: equal protection (14th)

decision: race can’t be the sole factor

impact: increased difficulty in creating majority-minority districts

united states v lopez

facts: lopez arrested for carrying handgun, was charged under fed law (justified by commerce clause)

const. principle: commerce clause

decision: fed gun law was unconstitutional bc lack of substantial connection to interstate commerce

impact: reaffirmed dual federalism, limited congress’s power

citizens united vs fec

facts: BCRA made it illegal for corporations to engage in political speech near an election

const. principle: 1st amendment (freedom of speech)

decision: limitations put upon corps for political advertisement = gov censorship of indivs

impact: richest have loudest voices, can spend unlimited money (indirectly)

declaration of independence

declared freedom of thirteen american colonies from britain

• natural rights

• popular sovereignty

• social contract

articles of confederation

first written constitution: states are supreme

• can’t raise national army

  • each state should have a standing army

• can’t force taxes

• no executive/judicial branch

  • representation in congress is equal among states

• 13/13 for amendments, 9/13 for laws & war

• no national currency

federalist 10

FEDERALIST:

factions cant be removed BUT the constitution’s government can CONTROL them through republic

• large diverse population dilutes power of factions → compromise

brutus i

ANTI FEDERALIST:

diversity and size of US makes representation impossible

n&p + supremacy clause will take power away from the states

• fed gov requiring taxation means states “can’t” and therefore they won’t have power

• fed courts will render state courts obsolete 

the US constitution

article i - enumerated powers of legislative branch + n&p clause

article ii - president is highest chain of command in military & final step in lawmaking process

article iii - judicial courts (SCOTUS = original juris. for ambassadors, states but appellate for everything else)

article iv - states must respect other state laws

article v - amendment (2/3rd to ratify, 3/4th to amend)

article vi - supremacy claus

federalist 51

separation of powers / checks and balances

• judicial, legislative, executive branches are independent but “check” each other

• federalism: state & fed rights

federalist 70

ONE executive president (not multiple)

• easier to assign blame, hold accountability 

• requires decisiveness 

federalist 78

judicial branch - judges hold their role in “good behavior”

• lifetime appointments → impartiality

• frequently changing justices = more incompetent justices

• judicial review checks leg branch

letter from a birmingham jail

equal protection clause supported and motivated social movements

• injustice anywhere is a threat to justice everywhere

• nonviolent direct action creates the necessary crisis for change

• justice delayed is justice denied

• those who urge caution are worse than staunch opponents

• extremists are changemakers