AP U.S. Government Name of Case (Year) Marbury v. Madison 1. Constitutional provision/principle established • SC has the power of judicial review – the ability to declare legislation or acts of the executive branch unconstitutional • States can’t tax federal gov’t; confirmed the constitutionality of the Bank of the United States • Clarified the commerce clause and affirmed Congressional power over interstate commerce (supremacy) • 5th Amendment guarantee that private property can’t be taken for public use without just compensation is not applicable to states (only federal gov’t) • Gov’t can’t exercise censorship because it restricts freedom of the press (can’t censor gov’t criticism) • States cannot deny freedom of speech – protected through due process clause of 14th Amendment (began incorporation process) • Obscene materials do not enjoy 1st Amendment protections – established the Miller Test to determine obscenity • 1st Amendment protects publication of all statements, even false ones, unless you can prove the speaker knew the statement was false • Flag-burning is symbolic speech with a political purpose and is protected by the 1st Amendment • Decriminalized abortion due to constitutional right to privacy – 14th Amendment • The state can regulate abortions as long as it doesn’t pose “undue burden” on a women’s right to an abortion 1803 2. McCulloch v. Maryland 1819 3. Gibbons v. Ogden 1824 Barron v. Baltimore 4. 1833 Near v. Minnesota 5. 1925 Gitlow v. N.Y. 6. 1925 Miller v. California 7. 1973 8. N.Y. Times v. Sullivan 1964 Texas v. Johnson 9. 1989 Roe v. Wade 10. 1973 Planned Parenthood v. Casey 11. 1992 1 AP U.S. Government Lemon v. Kurtzman • Statutes must pass the Lemon Test to avoid violating the Establishment Clause – it must have a secular legislative purpose, must not entangle gov’t with religion, and must not promote/prohibit religion • Prohibited state-sponsored prayer in public schools (1st Amend. Establishment clause & 14th due process clause) • Established the exclusionary rule – illegally obtained evidence can’t be used in court • A defendant in a felony trial must be provided a lawyer free of charge if the defendant can’t afford one (incorporation of right to counsel in criminal cases in state courts) • Constitution implicitly guarantees citizens’ right to privacy • Upon arrest, a suspect has the right to remain silent and the right to consult a lawyer (extension of 5th amendment to arrests) • Held that African-Americans could not be citizens and thus had no standing to sue • Separate but equal facilities for different races were constitutional • Overturned separate but equal standard of discrimination in education (overturned Plessy v. Ferguson) • Ambiguous ruling – upheld affirmative action • Upheld constitutionality of the internment camps for JapaneseAmericans during WWII 12. 1971 Engle v. Vitale 13. 1962 Mapp v. Ohio 14. 1961 Gideon v. Wainright 15. 1963 16. Griswold v. Connecticut 1965 Miranda v. Arizona 17. 1966 18. Dred Scott v. Sanford 1857 Plessy v. Ferguson 19. 1896 20. Brown v. Board of Education 1954 21. Regents of the University of California v. Bakke 1978 Korematsu v. US 22. 1941 2 AP U.S. Government Reed v. Reed 23. • Laws discriminating on the basis of sex violate the 14th Amendment equal protection clause • Classifications by sex are subject to intermediate scrutiny under the 14th Amendment equal protection clause • Established the “clear and present danger” principle to apply to freedom of speech (limits) • Campaign spending is a form of political expression the 1st Amendment protects. Legislature can limit contributions, but not how much one spends of his own money on campaigns – opened the door for PACs to spend unlimited amounts of money for campaigning activities so long as they’re not directly coordinating with a campaign. • The 1st Amendment protects political speech of individuals and corporations – they can spend as much money as they want to try to get a candidate elected, though corporations can’t donate directly to a candidate and rules prevent coordination between corporations and candidates. 1971 Craig v. Boren 24. 1976 Schenck v. US 25. 1919 Buckley v. Valeo 26. 1976 27. Citizens United v. FEC 2010 3
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