AP US GOV

Required Supreme Court Cases

Marbury v. Madison (1803) The Supreme Court established judicial review, meaning the Court can strike down laws or government actions that violate the Constitution.

McCulloch v. Maryland (1819) The Supreme Court ruled that Congress has implied powers through the Necessary and Proper Clause and that states cannot tax the federal government. This strengthened federal power over state power.

Schenck v. United States (1919) The Supreme Court ruled that speech can be restricted if it creates a “clear and present danger,” especially during wartime. This limited First Amendment free speech protections.

Brown v. Board of Education (1954) The Supreme Court ruled that racial segregation in public schools violates the Equal Protection Clause of the Fourteenth Amendment. This overturned “separate but equal” from Plessy v. Ferguson.

Baker v. Carr (1962) The Supreme Court ruled that federal courts can hear cases about redistricting and reapportionment. This helped establish the principle of “one person, one vote.”

Engel v. Vitale (1962) The Supreme Court ruled that school-sponsored prayer in public schools violates the Establishment Clause of the First Amendment, even if the prayer is voluntary.

Gideon v. Wainwright (1963) The Supreme Court ruled that states must provide attorneys to defendants who cannot afford one in serious criminal cases. This applied the Sixth Amendment right to counsel to the states through the Fourteenth Amendment.

Tinker v. Des Moines Independent Community School District (1969) The Supreme Court ruled that students have free speech rights in public schools as long as their expression does not substantially disrupt the school environment.

New York Times Co. v. United States (1971) The Supreme Court ruled that the government could not use prior restraint to stop publication of the Pentagon Papers. This strengthened freedom of the press under the First Amendment.

Wisconsin v. Yoder (1972) The Supreme Court ruled that Amish parents could remove their children from school after eighth grade because of their religious beliefs. This protected the Free Exercise Clause of the First Amendment.

Roe v. Wade (1973) The Supreme Court ruled that the Constitution protected a right to abortion under the right to privacy. However, this case was later overturned by Dobbs v. Jackson Women’s Health Organization in 2022.

Shaw v. Reno (1993) The Supreme Court ruled that oddly shaped majority-minority districts may violate the Equal Protection Clause if race is the main factor in redistricting. This case limited racial gerrymandering.

United States v. Lopez (1995) The Supreme Court ruled that Congress exceeded its Commerce Clause power by banning guns near schools. This limited federal power and strengthened states’ rights.

McDonald v. Chicago (2010) The Supreme Court ruled that the Second Amendment right to keep and bear arms applies to the states through the Fourteenth Amendment’s Due Process Clause.

Citizens United v. Federal Election Commission (2010) The Supreme Court ruled that corporations and unions have First Amendment political speech rights and that independent political spending cannot be limited. This expanded the role of money in elections.

Foundational Documents

Declaration of Independence (1776) This document declared the colonies’ independence from Britain and argued that government should protect natural rights, including life, liberty, and the pursuit of happiness. It is based on consent of the governed and the right to revolt against tyranny.

Articles of Confederation (1781) This was the first governing document of the United States. It created a weak national government, gave most power to the states, and lacked the power to tax, regulate commerce, or enforce laws effectively.

U.S. Constitution (1787) This document replaced the Articles of Confederation and created a stronger federal government with separation of powers, checks and balances, federalism, and a system for amending the Constitution.

Brutus No. 1 (1787) This Anti-Federalist essay argued against ratifying the Constitution because it gave too much power to the national government. Brutus feared that the Necessary and Proper Clause and Supremacy Clause would destroy state power and individual liberty.

Federalist No. 10 (1787) James Madison argued that factions are inevitable, but their effects can be controlled through a large republic. A large republic makes it harder for one faction to dominate the government.

Federalist No. 51 (1788) James Madison argued for separation of powers and checks and balances. The main idea is that “ambition must be made to counteract ambition” so no branch becomes too powerful.

Federalist No. 70 (1788) Alexander Hamilton argued for a strong, energetic, single executive. He believed one president would provide accountability, quick decision-making, and national security.

Federalist No. 78 (1788) Alexander Hamilton argued that the judiciary would be the “least dangerous branch” because it has neither the power of the purse nor the sword. He defended judicial review and lifetime tenure for federal judges.

Letter from Birmingham Jail (1963) Martin Luther King Jr. defended civil disobedience against unjust laws. He argued that people have a moral responsibility to disobey unjust laws and that justice delayed is justice denied.

Extra Helpful “Must-Know Connections” Flashcards

Judicial review The power of the Supreme Court to declare laws or government actions unconstitutional; established in Marbury v. Madison.

Selective incorporation The process by which the Supreme Court applies parts of the Bill of Rights to the states through the Fourteenth Amendment.

Equal Protection Clause The part of the Fourteenth Amendment that requires states to treat people equally under the law; central to Brown v. Board of Education, Baker v. Carr, and Shaw v. Reno.

Due Process Clause The part of the Fifth and Fourteenth Amendments that protects people from being deprived of life, liberty, or property without fair legal procedures.

Establishment Clause The First Amendment rule that government cannot establish or promote an official religion; central to Engel v. Vitale.

Free Exercise Clause The First Amendment rule that government cannot unfairly restrict religious practice; central to Wisconsin v. Yoder.

Commerce Clause The constitutional power of Congress to regulate interstate commerce; expanded federal power in some cases but limited in United States v. Lopez.

Necessary and Proper Clause The clause that allows Congress to make laws needed to carry out its enumerated powers; central to McCulloch v. Maryland.

Supremacy Clause The clause stating that the Constitution and federal laws are the supreme law of the land; central to McCulloch v. Maryland and Brutus No. 1.

Prior restraint Government censorship of material before it is published; strongly limited by New York Times Co. v. United States.

Clear and present danger A standard from Schenck v. United States allowing the government to restrict speech that creates a serious and immediate threat.

One person, one vote The principle that voting districts should have roughly equal populations so each person’s vote has equal weight; connected to Baker v. Carr.

Racial gerrymandering Drawing district lines mainly based on race; limited by Shaw v. Reno.

Federalism The division of power between national and state governments; central to McCulloch v. Maryland, United States v. Lopez, and Brutus No. 1.

Checks and balances A system where each branch can limit the power of the others; defended in Federalist No. 51.

Separation of powers The division of government power among legislative, executive, and judicial branches; central to the Constitution and Federalist No. 51.

Natural rights Rights people are born with, such as life, liberty, and the pursuit of happiness; central to the Declaration of Independence.

Popular sovereignty The idea that government power comes from the consent of the governed; central to the Declaration of Independence and the Constitution.

Civil disobedience The intentional breaking of an unjust law to bring attention to injustice; defended in Letter from Birmingham Jail.

Factions Groups of people united by a shared interest or goal; Federalist No. 10 argues that factions are inevitable but can be controlled in a large republic.