AP Gov FRQ Cases

Marbury v. Madison (1803) ruling

**Marshal established the principle of judicial review-- Congress had the power to declare a law unconstitutional** Marbury was entitled to his commission, and Madison's refusal to deliver it was illegal, but the Court was unable to grant it because Section 13 of the Judiciary Act of 1789 conflicted with Article III Section 2 of the Constitution and was therefore null and void. Held that the 1789 Act enabling Marbury to bring his claim to the court was itself unconstitutional, since it purported to extend the court's original jurisdiction as established with Article III section 2.

Gibbons v. Ogden (1824) ruling

*Under the Constitution's Supremacy Clause, the New York monopoly was void because it conflicted with federal law* regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power reserved to and exercised by the Congress under the Commerce Clause. national government had exclusive power over interstate commerce, negating state laws interfering with that exercise of power

Tinker v. Des Moines Independent Community School District (1961) background

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. Did the prohibition against wearing these armbands (and in general - symbolic protest) violated the freedom of speech clause of the First Amendment?

McDonald v. Chicago (2010) ruling

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. Does the 2nd Amendment's right to bear arms (interpreted as an individual right) also apply to the states through the 14th amendment's privileges and immunities/ due process clause?

Gideon v. Wainwright (1963) background

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. Did the Sixth Amendment its the right to counsel also apply to felony defendants in state court?

McCulloch v. Maryland (1819) ruling

Congress had the power to incorporate the bank and Maryland could not tax instruments of the national government used to execute constitutional powers Elastic/Necessary and Proper Clause- Congress had powers not explicitly outlined in the Constitution. "necessary" = "appropriate and legitimate."(article1.s8) Supremacy Clause- States retained the power of taxation, but the Consitution and laws made in pursuance thereof and cannot be controlled by the states.(articleVI)

McDonald v. Chicago (2010) comparison cases

D.C. v Heller (2008) second amendment, D.C. handgun ban Mapp v. Ohio (1961)- incorporation

McCulloch v. Maryland (1819) question and background

Did Congress have the power to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers? Congress chartered the second national/federal bank of the U.S., and the state of Maryland passed legislation to impose taxes on the bank. The bank cashier refused to pay the tax.

Marbury v. Madison (1803) question and background

Do plaintiffs have the right to receive their commission? Can they sue for their commissions in court? Does the Supreme Court have the authority to order the delivery of these commissions? Thomas Jefferson defeated John Adams in the 1800 presidential election. Before Jefferson took office, Adams and Congress passed the Judiciary Act, which created new courts, added judges, and gave the president more control over judge appointments- all an attempt to frustrate Jefferson. The appointees were approved by the Senate, but would not be valid until their commissions were delivered by the Secretary of State. Marbury had been appointed Justice of the Peace, but his commission was not delivered. Marbury petitioned the Supreme Court to compel the Secretary of State, James Madison to deliver the documents.

Gibbons v. Ogden (1824) question and background

Does the Commerce Clause give Congress the power authority over interstate navigation? NY state law gave Robert Livingston and Fulton a 20-year monopoly over waters within state jurisdiction. Gibbons, who did business between NY and NJ with a federal license, formed a partnership with Ogden, which fell apart when Gibbons operated another steamboat on a NY route belonging to Ogden.

Schenck v. U.S. (1973) background

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. Did the Espionage Act violat the First Amendment and did Congress exercise its wartime authority appropiately?

Shaw v. Reno (1993) comparison cases

Gill v. Whitford (2018)- jurisdiction, 14th Amendment/Equal Protection Clause, standing, partisan gerrymandering

McCulloch v. Maryland (1819) comparison cases

Gonzales v. Raich (2005)- controlled substances act, medical marijuana *commerce clause* National Federation of Independent Business v. Sebelius (2012)- affordable care act, *commerce clause* Gibbons v. Ogden (1824)- *commerce clause* Pennslyvania v. Nelson (1956)- *supremacy clause* Printz v. United States (1997)- *supremacy clause* U.S. v. Term Limits Inc. v. Thornton (1995)- *supremacy clause* U.S. v. Comstock (2010)- *Necessary and Proper Clause* National Federation of Independent Business v. Sebelius (2012)- *Necessary and Proper Clause*

New York Times Company v. U.S. (1971) comparison cases

Hazelwood School District v. Kuhlmeier (1998)- first amendment /speech/press, prior restraint of student newspaper

McDonald v. Chicago (2010) background

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.

U.S. v Lopez (1995) question and background

Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun into a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause? Lopez, a 12th-grader, carried a concealed weapon into his Texas high school. He was charged under Texas law for possession of a firearm on school premises. Next day, state charges were dismissed after federal agents charged him with violating a federal crime statute, the 1990 act.

Wisconsin v. Yoder (1972) question and background

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. 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?

Roe v. Wade (1973) question and background

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. Was a woman's right to have an abortion was permitted by the Constitution, and does it fit into the broad right of privacy?

Brown v. Board of Education (1954) background

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. 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.

Engel v. Vitale (1962) comparison cases

Sante Fe Independent School District v. Doe (2000)- establishment clause, student-led, student-initiated prayers at a football game Town of Greece v. Galloway (2014)- establishment clause, sectarian prayer at town meetings Zelman v. Simmons-Harris (2002)- Establishment clause, scholarship program to send children to religious private schools Van Orden v. Perry (2005)- establishment clause, ten commandments on state property

Shaw v. Reno (1993) background and question

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. Did racial gerrymandering take place with this district and did it violate the Equal Protection Clause?

Baker v. Carr (1962) comparison cases

Shelby Counter v. Holder (2013)- Jurisdiction, 14th Amendment/Equal Protection Clause, Voting Rights Act Gill v. Whitford (2018)- jurisdiction, 14th Amendment/Equal Protection Clause, standing, partisan gerrymandering Shaw v. Reno (1993)- jurisdiction, 14th Amendment/Equal Protection Clause, racial gerrymandering

Schenck v. U.S. (1973) comparison cases

Snyder v. Phelps (2011)- first amendment/speech, hate speech Brown v. Entertainment Merchants Association (2011)- first amendment/speech, state law prohibiting sale of violent video games to minors Texas v. Johnson (1989)- first amendment/speech, flag burning

Citizens United v. FEC (2010) question and background

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. Did the BCRA apply to nonprofits, or does the First Amendment's free speech clause protect such political speech?

Brown v. Board of Education (1954) ruling

The Court held that "separate but equal is inherently unequal," and therefore racial segregation of public schools is unconstitutional. (14th)The segregated schools allowed by the previous Plessy case were declared unconstitutional. Judicial Review allowed The Supreme Court is allowed to reverse previous rulings. 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. Example of rulings not being enforced by executive.

Engel v. Vitale (1962) background

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.

Roe v. Wade (1973) ruling

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.

Tinker v. Des Moines Independent Community School District (1961) ruling

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 (Bethel School District v. Fraser). 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

Schenck v. U.S. (1973) ruling

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.

Shaw v. Reno (1993) ruling

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

New York Times Company v. U.S. (1971) ruling

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!

Engel v. Vitale (1962) ruling

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. Main Idea? School sponsorship of religious activities = violation of first amendment

Wisconsin v. Yoder (1972) ruling

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.

Gideon v. Wainwright (1963) ruling

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.

New York Times Company v. U.S. (1971) question & background

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. Was the Nixon administration's prior restraint constitutional and is preventing the publication of "classified material" a violation of the First Amendment's freedom of the press?

Baker v. Carr (1962) background

Traditionally, particularly in the South, the populations of rural areas had been overrepresented in legislatures in proportion to those of urban and suburban areas. Prior to the Baker case, the Supreme Court had refused to intervene in apportionment cases.

Wisconsin v. Yoder (1972) comparison cases

Trinity Lutheran Church v. Comer (2017)- free exercise clause, 14th amendment/Equal Protection Clause, exclusion of church from state government Locke v. Davey (2004)- Free exercise clause, funding religious instruction with college scholarships Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)- free exercise clause, first amendment/speech, baker required to create wedding cake to same-sex couple

Marbury v. Madison (1803) comparison cases

U.S. v Lopez (1995)- judicial review, Commerce Clause, Gun-Free School Zones Act Dred Scott v. Sanford (1857)- Judicial review, due process, standing, slavery U.S. v Nixon (1974)- Judicial Review Ashwander v. Tennessee Valley Authority (1936)- Judicial Review Martin v. Hunter's Lessee (1816) Youngstown Sheet & Tube Co. v. Sawyer (1952)- judicial review

U.S. v Lopez (1995) comparison cases:

U.S. v. Morrison (2000)- Violence Against Women Act, *commerce clause* Gonzales v. Raich (2005)- controlled substances act, medical marijuana *commerce clause* Gibbons v. Ogden (1824)- *commerce clause* Wickard v. Filburn (1942)- *commerce clause* Heart of Atlanta Motel v. U.S. (1964)-*commerce clause* Schecter Poultry Corp v. U.S. (1935)- *commerce clause*

U.S. v Lopez (1995) ruling

Yes. The 1990 act was unconstitutional, it exceeded the authority given to Congress under the Commerce Clause. The possession of a gun is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with any sort of economic activity.

Citizens United v. FEC (2010) ruling

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

Baker v. Carr (1962) ruling

established "one man, one vote" and opens door to courts to reviewing redistricting challenges. held that federal courts could hear cases alleging that a state's drawing of electoral boundaries, i.e. redistricting, violates the Equal Protection Clause of the Fourteenth Amendment of the Constitution.