Required Supreme Court Cases AP GOPO
Federalism Cases
History: Dispute over Maryland taxing bank of United States
Clause used: Supremacy Clause
Ruling: Based on necessary and proper clause Congress can create a national bank + due to supremacy clause federal law rules over state law
Memory Aid: McConstitution is supreme
Clause used: Commerce clause - DIDNT APPLY
Ruling: Guns near schools does not apply to commerce clause (interstate commerce) and therefore the law is unconstitutional
Memory aid: Lopez limits legislation
Gov Power v Individual Liberty Cases
History: Ny Law requiring a daily prayer led my school officials was seen as violation of establishment clause
Clause: Establishment Clause
Ruling: Violated establishment clause as it valued the presence of specific religion more than the others
Memory Aid: E (Engel) = Establishment Clause
Clause: Free Exercise Clause
Ruling: Amish cannot be required to send children to school after 8th grade, due to their religion. It is a right to freely express religion without government restraint.
Memory Aid: Y (Yoder) = YOU freely exercise religious rights
Clause application: 1st Amendment- Free Speech
Ruling: The Court held that the students' silent protest (wearing armbands) did not substantially disrupt school activities and was therefore protected speech.
Memory Aid: Tinker Talks in School
History: Nixen wanted to prevent NY Times from publishing part of the Pentagon Papers
Clause: 1st Amendment: freedom of the press
Ruling: No to Nixon, because pentagon papers were about events that already happened
Memory Aid: NY Nixes Nixon
History: Schneck advocated to boycott the draft claiming it was unconstitutional - was arrested
Clause: 1st Amendment: free speech
Ruling: Schneck violated espionage act and established the “clear and present danger” test, if it proposes danger to society than the speech is no longer protected
Espionage Act: Criminalized conveying information that could interfere with war efforts
Memory Aid: Schneck Shivers from clear and present danger
Selective Incorporation Cases:
Selective incorporation - Gradually making states follow rules of bill of rights to ensure safety of citizens basic rights
Constitutional application: 6th Amendment right to a lawyer applies to states through incorporation
Memory: 6 year old little Gideon gets a lawyer
Constitutional application: 2nd amendment: right to bear arms applies to states through incorporation
Ruling: States and local governments cannot ban handgun ownership
Memory aid: Ronald McDonald can have a gun
Civil Rights Cases -
Clause: 14th amendment: equal protection clause
Ruling: Declared segregated schools are unconstitutional
Memory Aid: Brown Breaks Barriers
Campaign Finance Case -
Constitutional application: 1st amendment: free speech
Ruling: Corporations are considered a person and therefore have 1st amendment free speech rights. Can contribute to PACs and Super Pacs.
Memory aid: Citizens Celebrate Corporate Cash
Equality & Voting Cases -
Constitutional application: equal representation/ protection clause
Ruling: Established the “1 person 1 vote” - all legislative districts must be based on equal representation
Memory Aid: Baker Brings Balance
History: A North Carolina congressional district was gerrymandered so oddly, that the only possible reason was to give minority group the majority in district
Constitutional application: 14 amendment equal protection clause
Ruling: Racial Gerrymandering is unconstitutional due to equal protection
Memory Aid: Shaw saw race
Judicial Branch Power Case -
Ruling: The Judicial branch has the power of judicial review and can declare acts of congress and president unconstitutional
Memory Aid: MnMs give Judicial Might