AP gov Unit 3

Baker v. Carr (1962) Short Summary

: Charles Baker stated that an old law (1901) that detailed the apportionment for Tennessee's General Assembly had been ignored, and stated that reapportionment did not take into account the significant change that the state had gone through

McDonald v. Chicago (2010) Short Summary

: Chicago passed a handgun ban law, and several suits were filed against the city challenging the ban after another case (District of Columbia v. Heller). In that case, the Court had held that a DC handgun ban violated the Second Amendment. There, since the law was enacted by the federal government, the Second Amendment was applicable

Gideon v. Wainwright (1963) Short Summary

: Clarence Earl Gideon was charged in Florida state court on a felony - breaking and entering charge. During his trial, Gideon requested that he receive a court-appointed lawyer; however, in accordance with Florida State law, an indigent defendant could only have an attorney be appointed in capital crimes/cases. Gideon then filed a habeas corpus suit, stating that the court's decision violated his rights to be represented

Schenck v. United States (1919) Short Summary

: During World War I, a pair of socialists, including Charles Schenck distributed leaflets that stated the draft violated the 13th Amendment - which prohibits involuntary servitude. The leaflet wanted people to disobey the draft. Schenck was charged with violating the Espionage Act of 1917. They appealed on the grounds of the First Amendment.

McDonald v. Chicago (2010) Holding and Constitutional Principle

: In its decision, the Court stated that the handgun ban was unconstitutional in a 5-4 decision. Because the right to self-defense was fundamental, the 2nd Amendment was incorporated to the states through the Fourteenth Amendment's due process clause

McDonald v. Chicago (2010) Constitutional Issue

: In this case, the applicability of the Second Amendment to the states was argued, and if the 2nd Amendment's right to bear arms (interpreted as an individual right) also applied to the states. This involves selective incorporation

Roe v. Wade (1973) Short Summary

: Norma McCorvey (Jane Roe) wanted an abortion but could not legally have one in the state of Texas, because of a state law that prohibited abortions except in cases where the mother's life was in danger. She questioned the legality of this law.

Roe v. Wade (1973) constitutional Issue

: The Constitutional issue in this case was whether a woman's right to have an abortion was permitted by the Constitution, and whether it fit into the broad right of privacy

New York Times Co v. United States (1971) Constitutional Issue

: The Constitutional issue that revolved around this case was whether the Nixon administration's prior restraint was constitutional and if preventing the publication of "classified material" was a violation of the First Amendment's freedom of the press.

Brown v. Board of Education (1954) Holding and Constitutional Principle

: The Court held that "separate but equal is inherently unequal," and therefore racial segregation of public schools is unconstitutional. The segregated schools allowed by the previous Plessy case were declared unconstitutional. This had a MAJOR IMPACT on the US and required desegregation of all public schools

Roe v. Wade (1973)Holding and Constitutional Principle

: The Supreme Court held that a woman's right to an abortion fell within the right of privacy that was clarified in Griswold v. Connecticut, and therefore was protected by the Fourteenth Amendment. Laws in 46 states were affected by this ruling. This ruling expanded the definition of privacy: The Supreme Court held that a woman's right to an abortion fell within the right of privacy that was clarified in Griswold v. Connecticut, and therefore was protected by the Fourteenth Amendment. Laws in 46 states were affected by this ruling. This ruling expanded the definition of privacy

Schenck v. United States (1919) Holding and Constitutional Principle

: The Supreme Court held that the Espionage Act did not violate the First Amendment and it was an appropriate exercise of Congress' wartime authority. This was a key limitation on the First Amendment as the free speech clause does not allow for advocacy of unlawful behavior

New York Times Co v. United States (1971) Holding and Constitutional Principle

: The Supreme Court, in this case, bolstered the freedom of the press guaranteed by the First Amendment. In a 6-3 vote, the Court established that there was a "heavy presumption against prior restraint" even for national security purposes. This is a key case to know for freedom of the press

Baker v. Carr (1962) Holding and Constitutional Principle

: The chief justice and the Court concluded that because of the Fourteenth Amendment issues (through equal protection) that the case seemed to address, the Supreme Court did have the authority to hear this case.

Gideon v. Wainwright (1963) Constitutional Issue

: The constitutional issue in this case involved the Sixth Amendment and whether the right to counsel guaranteed in this amendment also applied to felony defendants in state court.

Gideon v. Wainwright (1963) Holding and Constitutional Principle

: The holding was that the Sixth Amendment's right to counsel applies to state court defendants via the Fourteenth Amendment. The Court stated that because the right of counsel is fundamental, it should be incorporated into the states.

Baker v. Carr (1962) Constitutional Issue

: The issue here was unique, and was regarding whether the Supreme Court as a unit had the authority to hear cases that related to legislative apportionment

Baker v. Carr (1962) Impact

: This case opened the door to more challenges to unfair redistricting by way of the Equal Protection Clause. Eventually, it also led to the development of the one person, one vote doctrine

Wisconsin v. Yoder (1972) Constitutional Issue

: This case relates to the other major religious clause of the 1st Amendment: the free exercise clause. By requiring Wisconsin parents to send their children to school, without a faith exception, did it violate the parents' rights to freely exercise their religion?

New York Times Co v. United States (1971) Short Summary

: This case, also known as the Pentagon Papers case had to do with the First Amendment. The Nixon Administration tried to prevent the New York Times from publishing material that belonged to a Defense Department study about US intervention in Vietnam. President Nixon stated that it was necessary to national security to prohibit it before publication, also known as prior restraint.

Brown v. Board of Education (1954) Short Summary

: This is one of the most famous cases in US history. Relating to the racial segregation of schools, African American students had been denied admittance to public schools because of these segregation laws, and many argued that this was in violation of the Constitution

Schenck v. United States (1919) Constitutional Issue

: This was a First Amendment case and the question was whether the Espionage Act violated the First Amendment and if it was an appropriate way that Congress exercised its wartime authority

Brown v. Board of Education (1954) Constitutional Issue

: This was an issue in terms of the Equal Protection Clause of the Fourteenth Amendment. A previous case, Plessy v. Ferguson, held that segregated facilities were legal as long as the facilities were equal (called "separate but equal doctrine.") In this case, racial segregation in public school education was argued against based on the Equal Protection Clause

United States v. Lopez (1995) Short Summary

Alfonzo Lopez was a Texas high school senior who took a concealed weapon inside his school. Federal charges were soon imposed because of his violation of the Gun-Free School Zones Act of 1990. The act stated that individuals could not possess firearms within school zones based on the premise of the Commerce Clause

Two major social movements

Civil rights and Women's Rights Movement

McCulloch v. Maryland (1819) Holdings and Constitutional Principles

Congress concluded based on the Necessary & Proper Clause that Congress is not limited by its expressed powers. It was decided that through Congress' implied powers, they had the ability to create a bank. Congress also concluded based on the Supremacy Clause that because the national laws were superior to state laws, the states were not allowed to tax the federal government

Marbury v. Madison (1803)

Constitutional Issue: A key issue was whether the Court had the authority to order the delivery of commission, and if a federal judge could even bring the case to court

Shaw v. Reno (1993)

Constitutional Issue: The constitutional issue here was whether racial gerrymandering took place with this district (it was very narrow) and if the district raised an Equal Protection Clause question.

Citizens United v. Federal Election Commission (2010)

Constitutional Issue: The issue here was whether the BCRA applied to nonprofits, or if the First Amendment's free speech clause protected such political speech

Tinker v. Des Moines Independent Community School District (1969)

Constitutional Issue: The main question that was addressed here was whether the prohibition against wearing these armbands (and in general - symbolic protest) violated the freedom of speech clause of the First Amendment.

Brown v. Board of Education (1954)

Enforced?: The Court required states to desegregate "with all deliberate speed," and when schools had not desegregated after 10 years, the Court issued another opinion requiring immediate desegregation. This is an example of how judicial decisions may not be enforced by the federal or state executive departments

Court cases deal with debate over the freedom of religion

Engel v. Vitale (1962) and Wisconsin v. Yoder (1972).

FEE RAPPS

Free Exercise Clause Establishment Clause Religion Assembly Press Petition the Government Speech

Shaw v. Reno (1993)

Further Impact: A key fact about this case is that majority-minority districts can be constitutionally challenged if race was the sole factor in their creation

Citizens United v. Federal Election Commission (2010)

Further Impact: This led to the development of Super PACS and a significant increase in the amount of money contributed to political campaigns

Marbury v. Madison (1803)

Holding and Constitutional Principle: The Court held that although legally, the commission should have been delivered, the clause of the Judiciary Act of 1789 which enabled Marbury to bring the case to court was unconstitutional. By declaring a law made by Congress unconstitutional, the practice of judicial review was established

Tinker v. Des Moines Independent Community School District (1969)

Holding and Constitutional Principle: The Supreme Court held that students still have free speech rights at school, and in order to justify the suppression of speech, the speech must substantially interfere with school operations (explore the case Bethel School District v. Fraser - it's interesting). As referenced earlier, this case relates directly to the First Amendment, and the ruling confirmed that students' right of symbolic speech was more powerful than the potential disorder that it could cause

Shaw v. Reno (1993)

Holding and Constitutional Principle: The Supreme Court held, in a majority opinion authored by Sandra Day O'Connor, that because the district was shaped in such a clearly odd way, it was enough to prove that there was a very apparent effort to separate voters racially.

Citizens United v. Federal Election Commission (2010)

Holding and Constitutional Principle: The holding in this case was that corporations should be considered people and therefore their funding of "independent political expenditures cannot be limited." This is considered a form of political speech, which is protected by the free speech portion of the First Amendment.

McCulloch v. Maryland (1819) summary

In 1816, the Second Bank of the United States was chartered; soon after, in 1818, however, Maryland decided to pass a law that imposed taxes on the bank. James McCulloch, who served as a cashier at the Baltimore branch of the Second Bank, decided not to pay the tax. The state court had ruled that the Bank was unconstitutional, to begin with, and that the federal government did not have the authority to charter a bank

Martin Luther King Jr.'s "Letter from Birmingham Jail."

In April 1963, MLK was arrested for his organization of the marches and sit-ins against segregation. The document highlighted the ideas of nonviolent protest that he hoped to incorporate in order to fight for the end of segregation throughout the South

United States v. Lopez (1995) Holding and Constitutional Principles

In the ruling, the law was considered unconstitutional since having a gun in the school zone did not substantially affect interstate commerce, which is a clear provision in the commerce clause. This case also reaffirmed the Tenth Amendment, which protects states' rights. It was clear through this case that the commerce clause did not grant Congress limitless power

Regents of the University of California v. Bakke (1978)

In this case, the court ruled that affirmative action could not use quotas in order to increase 🔺 minority enrollment.

Wisconsin v. Yoder (1972) Short Summary

Jonas Yoder, as well as other Amish parents, refused to send their children to school after the 8th grade. In accordance with their religion, they did not agree with high school attendance. They were later charged under a Wisconsin law that required students to attend school until age 16

Brown v. Board of Education (1954)

Judicial Review: The Supreme Court is allowed to reverse previous rulings based on the premise of judicial review. See the Marbury v. Madison case for more info about this!

Tinker v. Des Moines Independent Community School District (1969)

Majority Opinion: A common phrase you might hear is: "students don't shed their rights at the schoolhouse gate." This quote comes from the majority opinion in this case

Second Amendments court case

McDonald v Chicago (2010)

example of due process

Miranda Rights. These rights were established in Miranda v. Arizona (1966) when Ernesto Miranda was arrested for kidnapping and rape and confessed to his crimes. However, his attorney appealed on the grounds of self-incrimination

Debates Over Affirmative Action

Opponents of affirmative action programs believe that it unjustly takes away the opportunities from white people and believe that it is reverse discrimination

Equal Protections Clause

Portion of the 14th amendment which states that every citizen in the United States receives equal protection under the law; legislation may not be imposed to disadvantage a particular group.

19th Amendment (1920)

Ratified on August 18, 1920 (drafted by Susan B. Anthony and Elizabeth Cady Stanton), prohibits any United States citizen from being denied the right to vote on the basis of sex. The Constitution allows the states to determine the qualifications for voting, and until the 1910's most states disenfranchised women. The amendment was the culmination of the women's suffrage movement in the U.S.

Engel v. Vitale (1962) Main Idea

School sponsorship of religious activities = violation of first amendment

Second Amendment modern connection

Second Amendment has become increasingly important in recent years because of the increase in mass shootings in the United States. The debate on the safety of society versus individual rights is yet again relevant as groups such as the National Rifle Association, March for Our Lives, and other groups rally for their opinions on gun control

Tinker v. Des Moines Independent Community School District (1969)

Short Summary: A group of students decided to wear black armbands in order to protest the Vietnam War. Mary Beth Tinker and Christopher Eckhardt decided that they would wear their armbands to school despite warnings from school administration. After wearing the armbands to school, they were sent home. The students decided to sue their school district for violating the freedom of expression

Shaw v. Reno (1993)

Short Summary: Several North Carolina residents challenged a proposed, unusually shaped district. They believed that the only purpose of the district was that it would definitely elect African-American representatives

Citizens United v. Federal Election Commission (2010)

Short Summary: The Bipartisan Campaign Reform Act of 2002 had previously banned corporations from independent political spending and direct contributions to campaigns or political parties. In 2008, Citizens United was not allowed to show an anti-Hillary Clinton movie

Brown v. Board of Education (1954)

Stare Decisis: The case established that this principle, which states that current courts should look to previous decisions for interpretation, will not always be upheld

United States v. Lopez (1995)

Straight from the AP US Government Course Description: this case "(introduced) a new phase of federalism that recognized the importance of state sovereignty and local control"

Engel v. Vitale (1962)

Supreme Court because they believed that the prayer was violating the establishment clause. There was a 6-1 decision that ruled that the school prayer did violate the establishment clause.

New York Times v. United States (1971)

Supreme Court ruled that the newspaper could publish the papers without prior restraint because their publishing did not lead to the "inevitable, direct, and immediate event imperiling the safety of American forces."

Marbury v. Madison (1803)

The 1800 election ended in a defeat for John Adams to Thomas Jefferson. Before Adams' term ended, Congress passed the Judiciary Act of 1801 (creating new courts, adding new judges). It was an effort by John Adams to keep his own influence in federal courts even though he was leaving office (still occurs today.) His appointments to these courts, however, were not valid until the appointed judges were delivered their commissions by Jefferson's Secretary of State. Marbury was one of the judges appointed; however, his commission was not delivered

Engel v. Vitale (1962) Short Summary

The New York Board of Regents had authorized that at the beginning of each day, a short but voluntary prayer would be recited. Several organizations filed suit against the Board of Regents, claiming that the prayer violated the Constitution. The New York Court of Appeals dismissed their arguments.

Right to a Speedy Trial

The Supreme Court has a 100-day limit on cases from the time of arrest to the start of trial. However, this rule has not had much success. This is because both the prosecutors and the defendants can request an extension on cases and courts are fairly open to giving extensions

Right to an Attorney

The Supreme Court ruled on this issue in Gideon v. Wainwright (1963) where they stated that every defendant is entitled to legal counsel during court. Those that can not afford an attorney will be provided one. But, the courts have ruled that states do not have to appoint a lawyer to litigants in civil cases

Engel v. Vitale (1962) Holding and Constitutional Principles

The court held that states could not hold prayers in public school EVEN IF it was voluntary and EVEN IF the prayer did not adhere to a specific religion. Because the act of prayer was considered a religious activity, having it occur in a public school (which is funded by the government) would go against the establishment clause of the first amendment.

Wisconsin v. Yoder (1972) Holding and Constitutional Principles

The court held that the requirement to send children to school beyond the eighth grade was unconstitutional. It stated that an individual's interest in the free exercise of religion was more powerful than a federal interest in sending children to school beyond the eighth grade

United States v. Lopez (1995) constitutional Issue

This case explored a constitutional issue involving the commerce clause, and whether the Gun-Free School Zones Act of 1990 exceeded the power allowed by the clause

Roe v. Wade (1973) Modern Connection

This case is one of the most controversial cases to appear before the Supreme Court. Political candidates are often split along party lines - Democrats often agree with this holding and Republicans often disagree

Engel v. Vitale (1962) Constitutional Issue

This case was significant and interesting because this prayer was both voluntary and non-denominational. However, the organizations filed suit based on a violation of the Establishment Clause of the Constitution, which states that a law could not be made "respecting an establishment of religion."

freedom of speech court cases

Tinker v. Des Moines Independent Community School District (1969) and Schenck v. United States (1919)

McCulloch v. Maryland Constitutional Issues

Two questions could be explored in this case. Did Congress have the implied power to create a bank? And secondly, could states tax a federal entity/bank?

4 Key Points for Each Case

What context does the College Board want you to understand the case through? A short summary of the case: Might be helpful - the date Constitutional issues Holding, Constitutional Principle & Majority Opinion:

On your AP exam in May, your FRQ #3 will be a SCOTUS comparison essay.

You will be asked to compare one of the required cases (for which no information will be provided) with a case that is presented to you on the exam.

Pentagon Papers scandal

a secret report of American involvement in Vietnam that was leaked by Daniel Ellsberg, a reporter at the NY Times lead to the Supreme Court Case of New York Times v. United States (1971)

Voting Rights Act of 1975

act was designed to decrease voting discrimination in the South, by allowing the federal government to register voters in states with less than 50% of the eligible population not registered. This is important because this process is usually a power of the state not the federal government

Lemon Test (Lemon v. Kurtzman)

action violates the establishment clause unless it: Has a significant secular, rather than religious, purpose Does not have the effect of advancing or discouraging religion Does not have "excessive entanglement" between government and religion

Eighth Amendment

an example of this balance ⚖. This amendment states that "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

free exercise clause

clause reserves the right of American citizens to practice any religious faith or ritual

ruel and unusual punishment clause

clause that is most common. This clause has much debate when regarding the death penalty because of the polarized opinions 👊 on both sides

minority rights

constant change in whether the government was using its power in order to protect or restrict the rights of minority groups

Title IX of the Education Amendments Act of 1972

federal law that prohibits discrimination of sex in any federally funded education program or activity. This was a major win for the women's rights movement, as it lessened discrimination of girls within schools

Government Responses to Social Movements

government has responded to the social movements in many different ways. For example, they can respond by initiating new legislation or policies in response to the needs and desires of the citizen

Sixth Amendment

guarantees criminal defendants the right to an attorney and the right to a speedy trial

McCulloch v. Maryland (1819)

implied powers expand upon the enumerated powers that are listed in the Constitution. Congress is allowed to borrow money, coin money, and tax expressly by the Constitution. The implied power of creating a national bank allows for the federal government to implement this expressed power.

Schenck v. United States (1919)

involved Charles Schenck, a Socialist, who was arrested for handing out pamphlets telling men to not enlist in WW1. Schneck was convicted for violating the Espionage Act of 1917 which made opposition of the US entering WW1 a treasonable offense. Schneck's attorney argued that the Espionage Act of 1917 violated the First Amendment of free speech. However, the Supreme Court ruled that Scheck's actions were not protected free speech

exceptions to the 14th

objective good faith exception, inevitable discovery rule, and exigent circumstances

Brown v. Board of Education II (1955)

obvious that school segregation was still occurring. Thus, the Warren Court ordered that the schools desegregate "with all due and deliberate speed."

The National Organization for Women (NOW)

organization aimed to increase women's rights and to fight against gender inequality of all degrees

Civil Rights Act of 1964

outlaws discrimination based on race, color, religion, sex, or national origin

due process clause

prohibits the government from depriving a person of life, liberty, or property without due process of law

Bill of Rights

protects the rights of its citizens, which is the first 10 amendments

fourth amendment

provides the right of people and their belongings to be secure in their homes against unreasonable search and seizure.

Mapp v Ohio (1961)

related to selective incorporation, ruled that illegally seized evidence cannot be used in court against the accused. The Court held that evidence collected from an unlawful search be excluded from trial. This ruling incorporated the Fourth Amendment's protection of privacy using the Due Process Clause

exclusionary rule

rule that prohibits the use of illegally obtained evidence.

Civil rights

safeguarded by the due process and equal protection clauses in the Constitution.

Affirmative action programs

seek to aid minorities, women, others that suffer from discrimination the opportunities for employment or other service

due process clause

states that no state can make laws that infringe upon the rights and privileges of its residents

establishment clause

states that the government can not set a state religion. This clause has been very important to create the separation of church and state

clear and present danger test

test limits the First Amendment rights in order to protect the lives of American citizens. A good example of this is when Justice Oliver Wendell Holmes argued that falsely screaming "fire!" in a crowded theatre is not protected speech because it would cause immense panic

freedom of religion example

the courts primarily weigh individual rights to freedom of religion against the needs of society

civil rights

the protections from discrimination based on gender, race, or religion

Civil liberties

the protections from the abuse of government power

prior restraint

the suppression of harmful information

Selective incorporation

under 14th amend, defined as a constitutional doctrine that ensures that states cannot create laws that infringe or take away the constitutional rights of citizens

exigent circumstances

used when there is reason to believe that evidence will possibly disappear or not be able to be obtained after a warrant is received

Voting Rights Act of 1965

was also passed as a result. It prohibits racial discrimination in voting

New York Times v. United States (1971)

where the government tried to stop the publication of the Pentagon Papers by stating that the release violated the Espionage Act of 1917 and that they had the power to use prior restraint (the suppression of harmful information).

objective good faith exception

which allows for convictions in cases where a search was illegally carried out but was conducted under the assumption that it was legal

Fourth Amendment

which limits the power of the government to search for criminal activity, is another example.

inevitable discovery rule

which states that illegally seized evidence that will eventually be uncovered legally is allowed in court

Fourteenth Amendment

📜 states that all persons born or naturalized in the United States are citizens of the United States and of the State that they reside in