ap gov required court cases
Required Supreme Court Cases
• facts, holding, constitutional principle
Marbury v Madison *
holding
found judiciary act of 1789 conflicted w constitution and void
law that marbury was using
established judicial review
constitutional principle
supremacy clause
congress can’t pass laws that supersedes the constitution
McCulloch v Maryland
fact → several states (including maryland) placed tax on US National Bank
questions:
can congress create a national bank
can a state tax the national gov
holding
yes to national bankn
no states cannot tax national gov
principle
congress can create because of necessary & proper cause
implied powers
federal gov > state gov when conflict
supremacy clause
US v Lopez
student brought unloaded gun to school and violated a FEDERAL law against guns at school
question → can fed government make that law??
holding
the federal law against guns was found unconstitutional since it is not a crime to possess
constitutional principle:
congress exceeding the powers given by interstate commerce
guns at school doesn’t affect commerce
10th amendment not explicitly in constitution, state power
Engel v Vitale
public schools in new york invited students to recite a prayer
holding
states cannot hold prayers at public schools
even if participation is voluntary and not tied to a religion
constitutional principle
establishment clause
not allow gov (state or fed) to promote religion
Wisconsin v Yoder
amish families refused to send children to high school going again a state law
holding
in favor of amish families
based on religious rights
constitutional principle
free exercise clause
supreme court ruled free exercise of religion > states mandate
Tinker v Des Moines
expanded free speech
students wore black arm bands to school protesting vietnam war
questions
is arm bands a form of protected speech
do students @ public school habe free speech
holding
yes armbands (symbolic speech) is protected
yes students have free speech at public schools
constitutional principle
right to political symbolic speech due to 1st amendment
New York Times v US
freedom of press
nixon administration wanted to publish but gov didn’t want to
holding;
government did not have right to block publications
against fed gov
against censorship
constitutional principle
1st amendment freedom of press
Schenck v US
freedom of speech case
someone protesting ww1 and resisting military draft
holding
in favor of gov
espionage act → crime to protest draft
constitutional principle
allowed time, place, manner restrictions on the 1st amendment’s free speech guarenteed
Gideon v Wainwright
florida man was charged w felony and asked for attorney appointed by state, state denied
holding
states must provide attorneys to those who cannot obtain one
constitutional principle
6th amendment right to legal counsel (already in fed laws)
after this case now states must abide as well
Roe v Wade
texas law prohibits abortion unless saves mothers life
holding
women has right to abortion based on right of privacy
constitutional principle
right of privacy
McDonald v Chicago
chicago banned handguns essentially
holding
right to bear arms includes self defense
constitutional princple
included right to bear arms
& individual right to bear arms for self protection
with case, states cannot take away right to bear arms
Brown v Board of Education
civil rights case
black students throughout country not allowed to go to school based on race
holding:
racial segregation of public schools is not allowed
constitutional principle:
overturned “separate but equal” principle of plessy v ferguson as unconstitutional
13th amendment equal protection clause
Citizens United v FEC
about money & politics
bipartisan campaign reform act → corps & unions cannot make political ads within 60 days of big election
claimed that corps and unions should be seen as individuals and that they have free speech right , just must be independent
constitutional principle
based on 1st amendment for free speech
affects politics similarly to an individual, just cant directly fundraiser
Baker v Carr
unequal district size, some peoples vote count for more varying on district
question: is this something federal court can rule on?
holding
yes because apportionment claims are justifiable
led to one person one vote principle
equal representation
constitutional amendment
14th amendment equal protection clause
right to challenge enqual
Shaw v Reno
north carolina intentionally gerrymanded district to increase minority voting representation
holding
cannot do it - drawing district based on race is not permissible
constitutional principle
equal protection clause as principle
constitution is meant to be color blind
The 3 Branches of Government
Legislative Branch (makes laws)
US Constitution & Congress
Senate
2 senators per state
House of Representatives
apportioned by population
Executive Branch (carries out laws)
President
Vice President
Cabinet
Judicial Branch (evaluates laws)
Supreme Court
Federal Courts
Required Supreme Court Cases
• facts, holding, constitutional principle
Marbury v Madison *
holding
found judiciary act of 1789 conflicted w constitution and void
law that marbury was using
established judicial review
constitutional principle
supremacy clause
congress can’t pass laws that supersedes the constitution
McCulloch v Maryland
fact → several states (including maryland) placed tax on US National Bank
questions:
can congress create a national bank
can a state tax the national gov
holding
yes to national bankn
no states cannot tax national gov
principle
congress can create because of necessary & proper cause
implied powers
federal gov > state gov when conflict
supremacy clause
US v Lopez
student brought unloaded gun to school and violated a FEDERAL law against guns at school
question → can fed government make that law??
holding
the federal law against guns was found unconstitutional since it is not a crime to possess
constitutional principle:
congress exceeding the powers given by interstate commerce
guns at school doesn’t affect commerce
10th amendment not explicitly in constitution, state power
Engel v Vitale
public schools in new york invited students to recite a prayer
holding
states cannot hold prayers at public schools
even if participation is voluntary and not tied to a religion
constitutional principle
establishment clause
not allow gov (state or fed) to promote religion
Wisconsin v Yoder
amish families refused to send children to high school going again a state law
holding
in favor of amish families
based on religious rights
constitutional principle
free exercise clause
supreme court ruled free exercise of religion > states mandate
Tinker v Des Moines
expanded free speech
students wore black arm bands to school protesting vietnam war
questions
is arm bands a form of protected speech
do students @ public school habe free speech
holding
yes armbands (symbolic speech) is protected
yes students have free speech at public schools
constitutional principle
right to political symbolic speech due to 1st amendment
New York Times v US
freedom of press
nixon administration wanted to publish but gov didn’t want to
holding;
government did not have right to block publications
against fed gov
against censorship
constitutional principle
1st amendment freedom of press
Schenck v US
freedom of speech case
someone protesting ww1 and resisting military draft
holding
in favor of gov
espionage act → crime to protest draft
constitutional principle
allowed time, place, manner restrictions on the 1st amendment’s free speech guarenteed
Gideon v Wainwright
florida man was charged w felony and asked for attorney appointed by state, state denied
holding
states must provide attorneys to those who cannot obtain one
constitutional principle
6th amendment right to legal counsel (already in fed laws)
after this case now states must abide as well
Roe v Wade
texas law prohibits abortion unless saves mothers life
holding
women has right to abortion based on right of privacy
constitutional principle
right of privacy
McDonald v Chicago
chicago banned handguns essentially
holding
right to bear arms includes self defense
constitutional princple
included right to bear arms
& individual right to bear arms for self protection
with case, states cannot take away right to bear arms
Brown v Board of Education
civil rights case
black students throughout country not allowed to go to school based on race
holding:
racial segregation of public schools is not allowed
constitutional principle:
overturned “separate but equal” principle of plessy v ferguson as unconstitutional
13th amendment equal protection clause
Citizens United v FEC
about money & politics
bipartisan campaign reform act → corps & unions cannot make political ads within 60 days of big election
claimed that corps and unions should be seen as individuals and that they have free speech right , just must be independent
constitutional principle
based on 1st amendment for free speech
affects politics similarly to an individual, just cant directly fundraiser
Baker v Carr
unequal district size, some peoples vote count for more varying on district
question: is this something federal court can rule on?
holding
yes because apportionment claims are justifiable
led to one person one vote principle
equal representation
constitutional amendment
14th amendment equal protection clause
right to challenge enqual
Shaw v Reno
north carolina intentionally gerrymanded district to increase minority voting representation
holding
cannot do it - drawing district based on race is not permissible
constitutional principle
equal protection clause as principle
constitution is meant to be color blind
The 3 Branches of Government
Legislative Branch (makes laws)
US Constitution & Congress
Senate
2 senators per state
House of Representatives
apportioned by population
Executive Branch (carries out laws)
President
Vice President
Cabinet
Judicial Branch (evaluates laws)
Supreme Court
Federal Courts