AP US GOV Essentials

Marbury v. Madison (1803)

Marbury v. Madison (1803)

Established the principle of judicial review empowering the Supreme Court to nullify an act of the legislative or executive branch that violates the Constitution

McCulloch v. Maryland (1819)

• established supremacy of the U.S. Constitution and federal laws over state laws.

• Often referenced in regards to strengthening the implied powers of the federal government.

Schenck v. United States (1919)

Speech creating a "clear and present danger" to national security or public safety is not protected by the First Amendment

Brown v. Board of Education (1954)

Race-based school segregation violates the equal protection clause. Overturned Plessy v. Ferguson

Baker v. Carr (1961)

Decided that redistricting issues present justiciable questions, thus enabling federal courts to intervene and to decide redistricting cases. The defendants unsuccessfully argued that redistricting of legislative districts is a "political question", and hence not a question that may be resolved by federal courts. "One person, one vote." 14th amendment

Engel v. Vitale (1962)

School sponsored prayer and bible readings violates the establishment clause because students feel compelled to participate even if they are not religious or Christian.

Gideon v. Wainwright (1963)

Guaranteed the right to an attorney for the poor or indigent (and subsequently everyone) in a state felony case (Incorporation)

Tinker v. Des Moines Independent Community School District (1969)

Preemptively banning students from wearing black armbands in school to protest the Vietnam War was deemed unconstitutional

New York Times Co. v. United States (1971)

• Bolstered the freedom of the press, establishing a "heavy presumption against prior restraint" even in cases involving national security.

• The ruling made it possible for newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment.

Wisconsin v. Yoder (1972)

Compelling Amish students to attend school past the eighth grade violates the free exercise clause

Roe v. Wade (1973)

Extended the right of privacy to a woman's decision to have an abortion and established the three trimester standard

Shaw v. Reno (1993)

• Majority minority districts, created under the Voting Rights Act of 1965, may be constitutionally challenged by voters if race is the only factor used in creating the district.

• The court ruled in a 5-4 decision that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause.

United States v. Lopez (1995)

Held that the federal Gun-Free School Zones Act of 1990, which forbade possession of firearms in public schools, exceeded Congress's constitutional authority to regulate commerce.

McDonald v. Chicago (2010)

In overturning Chicago's city-wide ban on handguns, the Supreme Court held that the Second Amendment right to keep and bear arms for self-defense is applicable to the states. (Incorporation)

Citizens United v. Federal Election Commission (2010)

• Holding: the government may not keep corporations or unions from spending money to support or denounce individual candidates in elections.

• Political spending is a form of protected speech under the First Amendment

The Declaration of Independence

the formal statement written by Thomas Jefferson declaring the freedom of the thirteen American colonies from Great Britain

The Articles of Confederation

• the first written constitution of the United States

• its progress was slowed by fears of central authority and extensive land claims by states

• the states remained sovereign and independent, with Congress serving as the last resort on appeal of disputes.

Federalist No. 10

James Madison states that one of the strongest arguments in favor of the Constitution is the fact that it establishes a government capable of controlling the violence and damage caused by factions.

Brutus No. 1

• considered whether or not the thirteen states should be reduced to one republic as the Federalists proposed.

• determined that this would essentially create a federal government that will "possess absolute and uncontrollable power.

• believed the necessary and proper clause along with the supremacy clause will render the states to be powerless.

Federalist No. 51

This document highlights the theory and/or practice of checks and balances between the three branches of government.

The Constitution of the United States

A document that embodies the fundamental laws, principles and structure of the U.S. government.

Federalist No. 70

Alexander Hamilton argued the need for an executive branch and for one main person (the president) to preside over the branch.

Federalist No. 78

The potential power of judicial review is explained.

• 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.

• viewed this as a protection against abuse of power by Congress.

Letters from a Birmingham Jail

• themes in this letter are justice, Christianity, civil disobedience, and freedom.

• employs the rhetorical devices of ethos, logos, and pathos as he argues that denying justice to one person threatens justice for everyone.

1st Amendment

Freedom of Religion, Speech, of the Press, Assembly, and Petition

2nd Amendment

Protects the people's right to bear arms

3rd Amendment

No soldier can be quartered in a home without the permission of the owner

4th Amendment

Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause

5th Amendment

Protects rights of due process and the right to remain silent ("plead the 5th"), double jeopardy

6th Amendment

The right to a fair and speedy trial by a jury of one's peers; to have witnesses and to give a defense; loss of liberty/life

7th Amendment

The right to a trial by jury in civil cases for amounts of $20 or more

8th Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments

9th Amendment

People have other rights not specifically stated in the Constitution

10th Amendment

Gives all powers not specifically given to the United States government in the Constitution, to either the states or to the people

11th Amendment

Determines when and if a state can be sued; states cannot be sued by people from other states or by foreigners

12th Amendment

The Electoral College must vote for the President and the Vice President separately

13th Amendment

Abolished slavery and involuntary servitude

14th Amendment

Makes anyone born on US soil a citizen and guarantees equal protection under the law

15th Amendment

Gave all men the right to vote regardless of race or color or whether they had been slaves

16th Amendment

Created an income tax and gave the Federal government the power to collect it

17th Amendment

Creates the direct election by the people of Senators

18th Amendment

Prohibition of the drinking, manufacture, and sale of alcohol

19th Amendment

Gave women the right to vote

20th Amendment

Gives details on the terms of office for Congress and President; shortens "lame duck" period (time between election and inauguration)

21st Amendment

Repealed the 18th amendment (prohibition)

22nd Amendment

Limits the president to two terms in office (or 10 years)

23rd Amendment

Gave Washington, D.C. representatives in the electoral college so that citizens of D.C. could participate in the electoral process, even though it is not an official state

24th Amendment

Prohibited the poll tax

25th Amendment

Explains what happens when the President dies or is unable to continue in office (Succession)

26th Amendment

Sets the national voting age at 18, cannot be set any higher

27th Amendment

Any changes in Congressional salaries will take place after the next term starts