AP Gov SCOTUS cases

what was the case that established judicial review?

Marbury v. Madison (1803)

which case established implied powers and federal supremacy?

McCulloch v. Maryland (1819)

which case said the federal government could restrict speech if it created “a clear and present danger”?

Schenck v. U.S. (1919)

which case led had the doctrine that “separate is inherently unequal” and desegregated schools?

Brown v. Board (1954)

which case said that courts could rule about redistricting and reapportionment and established the “one person, one vote” doctrine?

Baker v. Carr (1962)

which case said that school-sponsored prayer was unconstitutional because it violated the establishment clause?

Engle v. Vitale (1962)

which case incorporated the 6th amendment to the states and gave lawyers to people unable to afford them in criminal trials?

Gideon v. Wainwright (1963)

which case argued that free speech cannot be restricted in schools unless it creates a “substantial disruption” to the school or its message?

Tinker v. Des Moines (1969)

which case ruled that prior restraint can only be used to limit freedom of the press if publishing something would cause imminent danger?

New York Times v. U.S. (1969)

which case ruled that requiring children to go to school past a certain age if it is against their religion is a violation of their free exercise?

Wisconsin v. Yoder (1972)

which case ruled that racial gerrymandering is a violation of the equal protection clause of the 14th amendment?

Shaw v. Reno (1993)

which case established a limit on the commerce clause through federalism relating to guns?

U.S. v. Lopez (1995)

which case incorporated the 2nd amendment to the states for self-defense purposes?

McDonald v. Chicago (2010)

which case said that limitations on corporations on money and advertisements is a violation of their free speech?

Citizens United v. FEC (2010)

official appointments and confirmation

Marbury v. Madison (1803)

taxing the national bank

McCulloch v. Maryland (1819

pamphlets protesting the draft

Schenck v. U.S. (1919)

white school just as nice as the black school

Brown v. Board (1954)

malapportioned tennessee districts

Baker v. Carr (1962)

new york required prayer

Engle v. Vitale (1962)

florida man allegedly robs pool house

Gideon v. Wainwright (1963)

armbands protesting vietnam war

Tinker v. Des Moines (1969)

pentagon papers leaked

New York Times v. U.S. (1969)

amish way of life

Wisconsin v. Yoder (1972)

weirdly shaped congressional district (m-m)

Shaw v. Reno (1993)

gun in school - texas

U.S. v. Lopez (1995)

guns in chicago

McDonald v. Chicago (2010)

hillary the movie and BCRA

Citizens United v. FEC (2010)

Constitutional question in Marbury v. Madison

• Does Marbury have the right to the commission?

• Does the Supreme Court have the power to order Madison to give the commission?

Constitutional question in McCulloch v. Maryland

• Does the federal government have the power to create a national bank?

• Can Maryland tax the National government?

Constitutional question in Schenck v. U.S.

• Does the arrest of Scheck under the Espionage Act violate his First Amendment freedom of speech right?

Constitutional question in Brown v. Board

• Do separate but equal segregated schools create an unequal educational experience and violate the 14th Amendment’s equal protection clause?

Constitutional question in Baker v. Carr

• Does the 14th Amendment’s equal protection clause allow courts to rule on state redistricting cases?

Constitutional question in Engle v. Vitale

• Does the reading of a state sponsored prayer at the beginning of school violate the establishment clause of the first amendment?

Constitutional question in Gideon v. Wainwright

• Does not providing Gideon a lawyer in a criminal trial violate his procedural due process and right to legal counsel in the 6th Amendment?

Constitutional question in Tinker v. Des Moines

• Does freedom of speech apply in schools?

• Does suspending tinker for wearing armbands violate freedom of speech?

• Does the Constitution apply to schools? Does it apply differently in school versus out of school?

Constitutional question in New York Times v. U.S.

• Does using prior restraint restrict freedom of the press?

Constitutional question in Wisconsin v. Yoder (1972)

• Does Wisconsin's compulsory education law, requiring children to attend school until age 16, violate the First Amendment's Free Exercise Clause?

Constitutional question in Shaw v. Reno

• Does drawing congressional districts based on race violate the equal protection clause of the 14th amendment?

Constitutional question in U.S. v. Lopez

• Does Congress have the power to ban guns in school under the commerce clause?

Constitutional question in McDonald v. Chicago

• Does the second amendment apply to the states through the due process clause of the 14th amendment?

Constitutional question in Citizens United v. FEC

• Does a law that limits the ability of corporations and labor unions to spend their own money to advocate the election or defeat of a candidate violate the First Amendment's guarantee of free speech?

Constitutional clause in Marbury v. Madison

• The supremacy clause in Article VI

• Article III, Section 2 (outlines jurisdiction of the federal courts and their authority)

Constitutional clause in McCulloch v. Maryland

The Necessary and Proper Clause, Article I, Section 8

Constitutional clause in Schenck v. U.S.

freedom of speech in 1st amendment (WWI)

Constitutional clause in Brown v. Board

14th Amendment’s equal protection clause (schools)

Constitutional clause in Baker v. Carr

14th Amendment’s equal protection clause (districts)

Constitutional clause in Engle v. Vitale

the establishment clause of the first amendment

Constitutional clause in Gideon v. Wainwright

right to legal counsel in the 6th Amendment

Constitutional clause in Tinker v. Des Moines

freedom of speech in the 1st amendment (symbolic)

Constitutional clause in New York Times v. U.S.

freedom of the press in the 1st amendment

Constitutional clause in Wisconsin v. Yoder

First Amendment's Free Exercise Clause

Constitutional clause in Shaw v. Reno

equal protection clause of the 14th amendment (gerymandering)

Constitutional clause in U.S. v. Lopez

The Commerce Clause, Article I, Section 8

Constitutional clause in McDonald v. Chicago

Rights to bear arms in the 2nd amendment

Constitutional clause in Citizens United v. FEC

First Amendment freedom of speech (money)

Reasoning in Marbury v. Madison

• Through this case, the court gave itself the power of judicial review

• The Constitution is above federal legislation (supremacy clause)

Reasoning in McCulloch v. Maryland

• Congress has the power to create a national bank due to the necessary and proper clause (gives Congress authority to do whatever is required to carry out both delegated and enumerated powers)

• Maryland cannot tax the bank because of federal supremacy (the federal government is supreme over the states)

• Implied powers

Reasoning in Schenck v. U.S.

• The government can limit your speech if it creates “a clear and present danger” like saying “Fire” in a crowded theater

NOT THE STANDARD TODAY

• Overturned in the 1960s

• Speech has to cause “imminent unlawful action” meaning it causes people to break the law quickly thereafter

Reasoning in Brown v. Board

• NAACP proved that psychological damage occurred because of segregated schools and made black children feel inferior

• This overturned the Plessy v. Ferguson decision

• Even if everything is equal, it's still not equal because of psychological differences “Separate is inherently unequal”

Reasoning in Baker v. Carr

• Federal courts could now rule on issues about apportionment and redistricting

• Under the 14th Amendment, they have the right to sue about these issues and since everyone's vote should count equally, Tennessee violated the 14th Amendment

• Established the one person, one vote principle

Reasoning in Engle v. Vitale

• Incorporated the 1st amendment to the states through the equal protection clause of the 14th amendment

• The Court determined that the state-composed prayer, even if voluntary, was a form of government-sponsored religious activity. This landmark decision established a precedent that government-directed prayer in public schools is unconstitutional

Reasoning in Gideon v. Wainwright

• The Supreme Court said that for criminal cases, states must provide a lawyer for the accused if they cannot afford one

• Incorporated the Sixth Amendment's right to counsel for all criminal defendants, not just those in federal court. The Supreme Court's decision established that the right to an attorney is a fundamental right, essential to a fair trial, and applies to state courts through the Fourteenth Amendment's Due Process Clause

Reasoning in Tinker v. Des Moines

• We don’t lose constitutional rights when we enter school

• No evidence the armbands were going to disrupt the school

• If it causes a “Substantial Disruption” to the school or its mission/message they can prohibit it

The court sides with schools most of the time since this case

Reasoning in New York Times v. U.S.

• The federal government can only use prior restraint in very specific circumstances

• Can only be used if publishing would lead to imminent danger or harm

Reasoning in Wisconsin v. Yoder

• The Amish families' 1st Amendment right to free exercise of religion outweighed the state's interest in requiring them to send their children to public schools beyond the eighth grade

• Since the Amish community is well-established, the Court believed its children were unlikely to become a burden on society and the state had no compelling interest (strict scrutiny) to violate their free exercise

Reasoning in Shaw v. Reno

• Majority-minority districts can be challenged if they are drawn for race

• Racial gerrymandering is not allowed when race is the primary factor for drawing the lines

• The shape of the proposed district was so odd that there was no compelling explanation for its shape other than segregating voters by race. Although district plans may take racial considerations into account, and must meet the provisions of the Voting Rights Act, race cannot be the predominant factor in drawing districts & must pass strict scrutiny

Reasoning in U.S. v. Lopez

• Put a minor limit on the commerce clause (can’t use to regulate everything)

• Guns in schools have too weak a link to interstate commerce to be regulated by the federal government & it was an overreach of their power

• Remains a reserved power for the states

Reasoning in Citizens United v. FEC

• limitations put upon corporations to run political advertisements and communications were not materially different from government censorship of speech towards individuals

• The government's rationale for the limits on corporate spending—to prevent corruption—was not persuasive enough to restrict political speech; political speech is "indispensable to a democracy, which is no less true because the speech comes from a corporation

Reasoning in McDonald v. Chicago

• The individual right to bear arms for self-defense applied to state government

• The 14th Amendment's due process clause applies to the states for the 2nd amendment

• Chicago couldn’t ban handguns

• Now it is incorporated, and states can't ban handguns

Background of Marbury v. Madison

• John Adams appointed Marbury to be a justice of the peace on the last days of his presidency

• Jefferson became president

• James Madison (new secretary of state) wouldn’t deliver Marbury the official appointment (he was already appointed and confirmed by the Senate) to let him be a judge

Background of McCulloch v. Maryland

• James Madison established the Second Bank of the United States in 1816

• Maryland tried to shut down the Baltimore branch by taxing banks created outside of the state (the national bank - federal)

• Bank worker James McCulloch refused to pay the tax to Maryland and was sued by the state

Background of Schenck v. U.S.

• WW1 there was a draft

• Schenck was handing out flyers that encouraged people to resist the draft to get Congress to change law

• He was arrested by the federal government for violating a law called the “Espionage Act” for violating/going against the war effort

• Sentenced to jail

Background of Brown v. Board

• Linda Brown in Kansas applied to go to the white school closer to her house than the segregated school and was denied

• Her school was fairly nice, and they claimed that the “separate but equal” doctrine from Plessy should be upheld

• NAACP (interest group) took on the case to fight against segregation (litigation)

• Class action lawsuit (7 students)

Background of Baker v. Carr

• Tennessee, every 10 years had to redistrict and reapportion for the Tennessee legislature

• Tennessee hadn’t redistricted since 1901

• Baker thinks the districts are malapportioned and sues

• He argued that rural citizens vote’s counted more than urban citizens (less people in district)

Background of Engle v. Vitale

• New York created a short non-denominational prayer to be said daily in public schools

• Children could opt out of the prayer with parental permission

• A group of parents challenged the practice on the basis of a violation of the establishment clause

Background of Gideon v. Wainwright

• Florida man who was homeless

• The pool hall was broken into, and the cigarette machine was broken so police arrest him for it

• Gideon couldn’t afford a lawyer & had to represent himself on trial

• Florida law is that you only get a lawyer if you are facing capital punishment

• From prison, he writes to the court to ask them to hear his case (certiorari)

Background of Tinker v. Des Moines

• Vietnam war

• Kids in middle school were to protest so they were all going to wear black arm bands to show they were against the war

• Principal found out and was afraid it would cause disruption and fights

• Told kids you can’t wear them or we’ll suspend you

• Some kids (Tinker) got suspended

Background of New York Times v. U.S.

• NYT got a leaked document called the Pentagon Papers

• Defense Department’s history of the Vietnam war

• Might make the government look bad and undermine the war effort

• Federal government told NYT not to publish them - used prior restraint

Background of Wisconsin v. Yoder

• The Amish thought high school education would undermine their religious values & way of life & would expose their children to worldly influences that were incompatible with their religion

• 3 Amish families refused to send their children to school after the 8th grade, believing it violated their free exercise. Wisconsin law forced kids to go to school until 16

Background of Shaw v. Reno

• Voting Rights Act (1965)

• North Carolina submitted their redistricting plan, but it was rejected because it didn’t represent minorities well ( 1 m-m district)

• They added another majority minority district, but it was extremely oddly shaped to include African Americans and avoid white people

• White guy says that violates the equal protection clause by excluding people from the district based on race

Background of U.S. v. Lopez

• A high school student was arrested for bringing an unloaded gun to school in Texas (state law)

• The state charges were dropped after they realized he also broke a federal law (Gun-Free School Zones Act)

• Law was created as an implied power of the federal government due to the commerce clause

Background of McDonald v. Chicago

• DC v. Heller (protects right to bear arms for self-defense)

• DC is not a state, so it doesn’t say whether it applies to states

• Chicago tried to ban handguns

• Chicago residents sued because they feared for their safety in a city with crime and wanted them for self-defense

Background of Citizens United v. FEC

• BCRA 2002 (made it illegal for corporations to engage in electioneering communications for 60 days before and election or 30 days before a primary)

• Conservative group citizens united made a movie bashing Hillary Clinton but it wasn’t ready to be released until the 60 day period

• Citizens argued that the prohibition against electioneering communication by corporations was a violation of the first amendment’s protection of the freedom of speech