AP Gov Landmark Cases simplified (copy)

Article III, Judiciary Act of 1789 Section 2

Marbury is entitled to commission as federal judge BUT the Court cannot issue one because Sect. 2 of Judiciary Act of 1789 is unconstitutional. Judicial Review of acts of Congress and President is affirmed. SCOTUS a co-equal branch of government

Necessary and Proper Clause Article I Section 8

McCulloch (cashier) refuses to pay tax put on 2nd Bank of US by Maryland.

Congress can make another bank and Maryland cannot tax national government institutions as they’re carrying out constitutional powers. Congress allowed to do all this under the Necessary and Proper Clause. States still allowed to tax just not on tools established to carry out the Constitution.

Commerce Clause Article 1 Section 8

High schooler Lopez charged with federal crime for having gun on school grounds due to Gun-Free School Zones Act of 1990.

SCOTUS rules the GFSZA unconstitutional; having a gun in a school zone isn’t an activity that pertains to business/would affect interstate commerce. Therefore, the Congress cannot pass the law under the Commerce Clause

2nd Amendment, 14th Amendment

NRA filed suits against Chicago and Oak Park that challenged their gun bans because SCOTUS ruled in DC v. Heller that handgun bans were against the second amendment because it was enforced by the federal government.

The 14th Amendment allows the 2nd Amendment to be applicable to the states. Citing the previous DC v. Heller decision and its use of the Due Process Clause in the 14th Amendment as a means of incorporating the states into the 2nd Amendment.

1st Amendment (Freedom of Speech)

Citizens United attempts to air a film criticizing Hillary Clinton soon before primaries, FEC stops them based upon federal election laws

Limits on independent political spending were both unnecessary for preventing corruption and a violation of the first amendment. Corporations, unions, and special interest groups and Super PACS were now allowed to spend an unlimited amount of money on political campaigns provided that they don’t coordinate with any candidate’s campaign.

First Amendment (freedom of the press)

Nixon administration wanted to keep NYT and WaPo from publishing news story using classified documents about American activity during the Vietnam War, argued it would protect national security and that prior restraint was necessary

The Court ruled that prior restraint violated the first amendment in this case, as there was no immediate threat as a result of this information. The burden is on the government to demonstrate that reporting of information in the public interest is a threat to national security.

14th amendment equal protection clause

Baker said that the Tennessee district boundaries hadn’t been drawn every 10 years as it was supposed to be; his district grew but had no increased representation

Tennessee legislature violated state law, and equal protection clause under the 14th Amendment meant that the Court could rule on cases pertaining to apportionment in states.

14th Amendment, Equal Protection clause

US Attorney General rejects NC reapportionment plan, would’ve made only 1 majority black district; new plan had district 12 with 2 majority black districts

SCOTUS decided that it was unconstitutional for there to be a racially gerrymandered district.  The shape of the district was strange enough to warrant accusation that the district was drawn in such a way to partition voters based on race.

The First Amendment - freedom of speech

Schenck and Baer charged for violating Espionage Act by urging public that draft was violating 13th Amendment.

Unanimously decided in favor of the U.S. that the Espionage Act was under the powers of Congress during wartime despite constitutional rights being violated.  Ruling establishes the “clear and present danger” test.

1st Amendment - freedom of speech

Students wore black armbands to school in protest of Vietnam War, rule created to ban bands, 3 students suspended.

Court decides 7-2 that the 1st Amendment protects student speech in public school so long as that speech does not disrupt the learning of the other students.

The First Amendment - establishment clause

NY Board recommended voluntary non-denominational prayer at the beginning of each school day, several organizations challenged the rules.

The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion.  Establishes the doctrine of separation of church and state.

14th Amendment - equal protection clause

Plessy v. Ferguson upheld separate but equal doctrine, people argued that segregated schools violated equal protection clause and consolidated under Brown.

“Separate but equal” schools are inherently unequal and violate the Equal Protection Clause of the 14th Amendment.

First Amendment - free exercise of religion

Amish parent claimed that law forcing children to attend school until 16 went against religious beliefs, fined for removing children after 8th grade.

The courts said that the individual interest of religious freedom outweigh that of states interest to force attendance until 16. Unanimous consent in favor of the plaintiff.

Sixth Amendment - rights of the accused, and Fourteenth Amendment - due process

Gideon charged with breaking and entering, appeared in court without lawyer, found guilty and sentence to 5 yrs in prison.

The Supreme Court found that the Sixth Amendment’s right to counsel applied to criminal defendants in state courts through the Fourteenth Amendment.