AP US Government 1. Marbury v. Madison 1803 • SC has the power

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