EXAM PREP: required court cases overview

all required SCOTUS cases for the AP exam

CasePrecedent and Constitutional ReasoningRelevant Vocabulary / Key Terms
Case about Checks and Balances and Separation of Powers
Marbury v. Madison (1803)Used the Judicial Branch’s inherent power from Article III of the Constitution to establish judicial review as constitutional affirming checks and balances and separation of powersJudicial Review
Cases about Federalism
McCulloch v. Maryland (1819)Used the supremacy clause from Article VI of the Constitution to affirm the supremacy of the federal government and the US Constitution over the states and state lawsElastic Clause (Necessary and Proper Clause) -- established implied power doctrine (vs. just enumerated powers), which strengthened the federal government
United States v. Lopez (1995)Congress may not use the commerce clause, Article I Section 8, to make possession of a gun in a school zone a federal crimeCommerce Clause devolution
Cases about the Bill of Rights, balance between power of government and individual liberties
Engel v. Vitale (1962)School sponsorship of religious activities violates the establishment clause in the 1st amendment1st Amendment; religionestablishment clause
Wisconsin v. Yoder (1972)Forcing Amish students to attend school past 8th grade violates the free exercise clause of the 1st amendment1st Amendment; religionfree exercise clausehome school
Tinker v. Des Moines School District (1969)Public school students retain 1st amendment freedom of speech/expression while on campus, as long as it doesn’t “disrupt the learning environment”1st Amendment, Free Speechsymbolic speech captive audience doctrine
New York Times v. United States (1971)Ensures freedom of press clause of the 1st amendment by limiting prior restraint except in most extreme cases of national security1st Amendment, free pressprior restraint is limited“Pentagon Papers”
Schenk v. US (1919)Speech that represents a “clear and present danger” is not protected speech under the freedom of speech clause in the 1st amendment1st Amendment, Free Speech“clear and present danger”“yelling ‘Fire!’ in a crowded theater” - not all speech is protected
Cases about Selective Incorporation via the 14th amendment’s due process clause
Gitlow v. New York (1925)The first case that used the selective incorporation doctrine, using the due process clause of the 14th amendment to extend the Bill of Rights protections to statesselective incorporation
Gideon v. Wainwright (1963)Used the 6th amendment to decide that those who cannot afford an attorney will be provided with one, incorporated to the states via the due process clause of the 14th amendment.selective incorporation 6th AmendmentRight to counsel
Roe v. Wade (1973)Used the 4th amendments right to privacy to rule that states could not prevent women from having abortions, incorporated to the states via the due process clause of the 14th amendment.penumbras (HINT: Griswold v. Connecticut, a case about contraception, that originally established penumbras, or “zones of privacy” inherent in the Bill of Rights)right to privacy / abortion
McDonald v. Chicago (2010)The 2nd amendment prevents states from limiting gun ownership for self-protection, incorporated to the states via the due process clause of the 14th amendment.14th Amendment due process clausePrivileges and Immunities Clause2nd amendment
Cases about the 14th amendment’s equal protection clause supports equality of individuals
Brown v. Board of Education (1954)School segregation violates the equal protection clause of the 14th amendment - overturned Plessy v. Ferguson’s separate but equal doctrine14th Amendment’s equal protection clause
Cases about campaigning, election rules, and redistricting
Baker v. Carr (1961)Used the equal protection clause in the 14th amendment to apply to redistricting - established “one person one vote” doctrine“the political thicket” (i.e. the political question and the role of the SCOTUS)gerrymandering (though this is secondary)“one man, one vote”
Shaw v. Reno (1993)Used equal protection clause in the 14th amendment to prohibit states from racial gerrymandering14th Amendment’s equal protection clause Section V of the Voting Rights Act (pre-clearance clause)racial gerrymandering vs. communities of interestmajority-minority district
Citizen United v. Federal Election Commission (2010)Political spending by corporations and organizations is protected speech under the 1st amendment and cannot be limited by government1st Amendment Free Speech(Used Buckley v. Valeo - campaign donations were protected expression and cannot be limited by the government)

speed review: absolute basics

mcculloch v maryland

  • necessary and proper clause — national bank
  • federal law > state law

us v lopez

  • interstate commerce clause — guns in schools
  • state law < federal law to some extent

baker v carr

  • reapportionment — unequal voting districts in tn
  • reapportionment is justiciable, some political issues are

shaw v reno

  • no gerrymandering based solely on race
  • colorblind interpretation of constitution

marbury v madison

  • gave scotus power of judicial review

engel v vitale

  • establishment clause — prayer in schools
    • selectively incorporated to states (under 14th)
  • gvmt cannot condone any religious exercise (establishmetn clause)

wisconsin v yoder

  • exercise clause — amish people

tinker v des moines

  • free speech — school vietnam war protest

schenk v us

  • wartime free speech — wwi anti-draft pamphlets
  • established clear and present danger doctrine (fire in a theateR)

new york times v us

  • freedom of the press, fed gov overreach— pentagon papers
  • prior restraint (gvmt tried to stop publication beforehand as a matter of “national security”)

mcdonald v chicago

  • 2nd amendment, selective incorporation

gideon v wainwright

  • selectively incorporated right to counsel to state cases

roe v wade

  • (implied) right to privacy → right to abortion

brown v board

  • overturned plessy v ferguson’s “separate but equal” doctrine, enforced 14th amendment equal protection clause, outlawed segregation in schools

citizens united v fec

  • free speech → speech = $
  • corporations/nonprofits/unions can spend as much money on campaigns as they want as long as they don’t coordinate w campaigns

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