AP GOV Required Court Cases

McCulloch V. Maryland

• Can Congress create a national bank, and can states tax the National gov.

• Yes, No

• Constitution principal - Necessary and proper clause, Supremacy Clause (Federal gov. trumps state government)

US. V. Lopez

• Broken Federal Gun Free Schools Act

• Can Federal Gov make that law?

• Gun Free Schools Act is unconstitutional, doesn’t affect interstate commerce

• Congress exceeds interstate commerce clause, therefore its a state power, following the 10th amendment.

Baker V. Carr

• Tennessee alleged districts were uneven

• Issues of Gerrymandering

• One person One vote Principle, districts have to be of a certain size because of 14th amendments equal protection clause.

Shaw v. Reno

• North Carolina drew Gerrymandered lines to increase minority voter representation

• Cannot do that, drawing on race for any reason is not permissible

• Equal protection clause based on colorblind ideal of the Constitution

Marbury V. Maddison

• Marbury got elected before Jefferson left office, then Maddison took his place and didn’t put him into work not getting him his commission

• Unconstitutional - Judicial Review - Court granted it to themselves by Supremacy clause

Ingle v. Vital

• States cannot hold prayer in public schools even if its voluntary and nondenominational

• Establishment Clause does not allow a promotion of a religion nationally

Wisconsin V. Yoder

• Amish didn’t want to send their kids to highschool bc of religion

• In favor of amish based on Free Exercise Clause is more compelling and outweighs attendance by state want.

Schenck V. US

• Man promoting resistance of Draft

• Espionage Act - obstructing military procedures

• Court ruled that Espionage Act was appropriately used to restrict speech

• Allows time place manner restrictions on free speech

Tinker V. Des Moines

• A few students wore black armbands to protest Vietnam and they were suspended

• Were the bands free protected speech?

• Yes, symbolic speech is protected as pure speech and students in public schools have free speech based on the Free Speech Clause of the First Amendment.

New York Times V. US

• Nixon administration wanted to stop publication of

• Gov. Cannot block the pentagon papers from being published

• Freedom of the Press - really hard for court to rule in favor of censorship

Gideon V. Wainwright

• He asked the court to appoint an attorney for him saying state law says he didn’t have to do that

• He appeals to SC and SC ruled that courts must provide attorney in state government if one cannot afford one.

McDonald V. Chicago

• CHicago made the process to get handguns impossible

• Ruled that right to bear arms includes for self defense, and that also applies to states

• Incorporates individual right to bear arms and states cannot strip that away

Brown V. Board of Education

• Black students were segregated out of white schools

• Court held that racial segregation of public schools, overturning Plessy v Ferguson

• 14th Amendments Equal Protection Clause - Separate but equal was not equal.

Citizens United v. FEC

• Bipartisan campaign reform act

• Not allowed to make political ads within 30-60 days of primary or general elections

• State that interest groups and everyone has speech rights allowing them to spend money independently of the candidate

• Based on Free Speech rights, unions interest groups etc can raise and spend as much as they want without giving directly to the candidate.