AP® U.S. GOVERNMENT AND POLITICS
Supreme Court Cases
AP® U.S. GOVERNMENT AND POLITICS
Supreme Court Cases
Remember: The exam will require you to interpret, compare, and analyze fourteen (14) Supreme Court decisions. You should be able to state the facts of these cases, the issue(s) involved, the holdings (the decision and dissenting opinions), and the reasoning behind each decision listed. Questions on these cases will appear in both sections of the exam and specifically in the SCOTUS comparison free-response question.
For each case, you will be required to know its facts, issue, holding, reasoning, decision, and opinion(s):
Facts: The relevant events of a case that occurred before courts became involved
Issue: A legal or Constitutional question the court considers in a case
Holding: The court’s response to the issue being considered in a case
Reasoning: The court’s explanation of a holding
Decision: The outcome of a case that includes a discussion of the facts, issue, holding, and reasoning
Opinion(s): An analysis of the court’s decision, written by the justices. The majority opinion is agreed upon by more than half of the justices
List of Cases A-Z
Cases By Topic
CAMPAIGNS & ELECTIONS
CIVIL LIBERTIES
EQUAL PROTECTION
FEDERALISM
POWERS OF THE LEGISLATIVE BRANCH
POWERS OF THE JUDICIAL BRANCH
SELECTIVE INCORPORATION
POWERS OF THE LEGISLATIVE BRANCH
What to Know: This case held that redistricting did not raise political questions, allowing federal courts to hear other cases that challenge redistricting plans that may violate the Equal Protection Clause of the Fourteenth Amendment
Facts of the Case
Charles Baker challenged Tennessee's legislative district apportionment, arguing that it ignored population shifts and economic growth, resulting in unequal representation.
Tennessee had not redrawn its legislative districts since 1901, leading to rural districts being overrepresented relative to urban districts.
Issue, Holding, and Reasoning
Issue: Does the Supreme Court have jurisdiction over questions of legislative apportionment?
Holding: Yes, the Supreme Court has jurisdiction over questions of legislative apportionment.
Reasoning: Issues of legislative apportionment are justiciable and that the Equal Protection Clause of the Fourteenth Amendment requires legislative districts to provide fair representation.
Decision and Opinion
6–2 DECISION IN FAVOR OF BAKER
The Court held that redistricting issues present justiciable questions, allowing federal courts to intervene.
The majority's opinion established the principle of "one person, one vote".
HEIMLER'S HISTORY
Baker v. Carr
3 minutes 20 seconds
"In this video Heimler walks you through another required Supreme Court case for the AP Government curriculum, namely, Baker v. Carr. This case was argued on the basis of the 14th amendment's equal protection clause. More than that, it established that the Supreme Court CAN rule on questions of legislative redistricting, or, in other words, questions of redistricting are indeed justiciable.
Additionally, Baker v. Carr laid the foundation for the one person, one vote principle, which was further established in later cases."
ADVANCEMENT OF EQUALITY
What to Know: Race-based school segregation violates the Equal Protection Clause of the Fourteenth Amendment
Facts of the Case
African American children were denied admission to public schools attended by white children under laws permitting racial segregation.
The plaintiffs argued that segregation violated the Equal Protection Clause of the Fourteenth Amendment.
Issue, Holding, and Reasoning
Issue: Does segregation of public schools based on race violate the Equal Protection Clause of the Fourteenth Amendment?
Holding: Yes, racial segregation in public schools violates the Equal Protection Clause.
Reasoning: "Separate but equal" facilities (the standard established under Plessy) are inherently unequal, depriving minority children of equal educational opportunities. Segregation instills a sense of inferiority that affects children's educational and personal growth.
Decision and Opinion
9-0 DECISION IN FAVOR OF BROWN
The Court declared state laws establishing separate public schools for black and white students to be unconstitutional.
The majority highlighted the detrimental effects of segregation on children's development and the importance of equal educational opportunities, ordering the integration of public schools "with all deliberate speed" in Brown v. Board of Education II.
HEIMLER'S HISTORY
Brown v. Board of Education
3 minutes 24 seconds
"In this video Heimler walks you through everything you need to know about the landmark case Brown v. the Board of Education. This is a required case for the AP Government curriculum, and so you'll need to know all about it in order to score well on your exam.
This case actually represents a series of cases that addressed the same issue, namely, racial segregation in schools. Schools had been segregated on account of the Supreme Court's "separate but equal" doctrine produced by another case, Plessy v. Ferguson. The Brown decision overturned that doctrine and ordered schools to be integrated."
CAMPAIGNS & ELECTIONS
What to Know: Political spending by corporations, associations, and labor unions is a form of protected speech under the First Amendment; enabled the creation of Super PACs (political action committees).
Facts of the Case
Citizens United, a nonprofit organization, produced a film critical of Hillary Clinton, a candidate for the Democratic presidential nomination.
They sought to advertise the film during television broadcasts, which was prohibited by the Bipartisan Campaign Reform Act (BCRA) that restricted "electioneering communications" funded by corporations or unions close to elections.
Issue, Holding, and Reasoning
Issue: Does the prohibition of independent expenditures by corporations and unions for electioneering communications violate the First Amendment's freedom of speech?
Holding: Yes, the prohibition on independent expenditures by corporations and unions for electioneering communications violates the First Amendment.
Reasoning: Political speech is indispensable to a democracy, which is no less true because the speech comes from a corporation. BCRA's restrictions on such expenditures were an unconstitutional restriction on free speech.
Decision and Opinion
5-4 IN FAVOR OF CITIZENS UNITED
The Court struck down the restrictions on independent expenditures, allowing corporations and unions to spend money on electioneering communications.
The majority emphasized the importance of protecting political speech and reducing the power of the government to restrict it.
Dissenting opinions expressed concern about the influence of corporate money in politics.
HEIMLER'S HISTORY
Citizens United v. FEC
3 minutes 09 seconds
"In this video Heimler walks you through another required Supreme Court case for the AP Government curriculum, namely, Citizens United v. Federal Election Commission (FEC).
This case is all about campaign finance laws and how they affect the first amendment's protection of free speech. And if you think that corporations aren't people, well, then the Supreme Court disagrees with you."
CIVIL LIBERTIES
What to Know: School sponsorship of religious activities violates the establishment clause of the First Amendment.
Facts of the Case
The New York State Board of Regents authorized a short, voluntary prayer for recitation at the start of each school day.
A group of parents challenged the prayer as a violation of the Establishment Clause of the First Amendment.
Issue, Holding, and Reasoning
Issue: Does the recitation of a state-sponsored prayer in public schools violate the Establishment Clause?
Holding: Yes, the recitation of a state-sponsored prayer in public schools violates the Establishment Clause.
Reasoning: Government-directed prayer in public schools breaches the constitutional wall of separation between church and state, regardless of whether the prayer is voluntary or non-denominational.
Decision and Opinion
6-1 IN FAVOR OF ENGEL
The Court struck down the state-sponsored prayer as unconstitutional.
The majority emphasized the importance of maintaining a separation between government and religious activities.
HEIMLER'S HISTORY
Engel v. Vitale
3 minutes 29 seconds
"In this video Heimler walks you through the landmark Supreme Court case Engel v. Vitale. This is a case about prayer in schools and whether such an act violates the First Amendment's protection against the establishment of religion. In this case, the Court ruled that it did violate the First Amendment and so prayer was taken out of schools."
SELECTIVE INCORPORATION
What to Know: In this case, the Sixth Amendment’s right to an attorney extends procedural due process protections to felony defendants in state courts.
Facts of the Case
Clarence Gideon was charged with felony breaking and entering.
Unable to afford an attorney, he requested the court to appoint one for him. The request was denied, and Gideon was convicted.
He argued that his Sixth Amendment right to counsel was violated.
Issue, Holding, and Reasoning
Issue: Does the Sixth Amendment's right to counsel in criminal cases extend to felony defendants in state courts?
Holding: Yes, the Sixth Amendment's right to counsel applies to state courts through the Fourteenth Amendment.
Reasoning: The right to counsel is fundamental in ensuring a fair trial.
Decision and Opinion
9-0 IN FAVOR OF GIDEON
The Court made clear that states must provide attorneys to defendants who cannot afford one in criminal cases and extended the right to counsel to all felony defendants in state courts.
The majority emphasized the essential role of legal representation in safeguarding justice and fair trials.
HEIMLER'S HISTORY
Gideon v. Wainwright
3 minutes 12 seconds
"In this video Heimler walks you through another one of your required court cases for the AP Government curriculum, namely, Gideon v. Wainwright. This is a case about the Sixth Amendment which provides the accused with a lawyer when they stand trial.
However, it's also a case about selective incorporation and whether the Sixth Amendment applies to the states through the 14th Amendment. And, spoiler alert, it does."
POWERS OF THE JUDICIAL BRANCH
What to Know: In deciding this case about judicial appointments, the court established the principle of judicial review, empowering the Supreme Court to declare an act of the legislative or executive branch unconstitutional.
Facts of the Case
William Marbury was appointed as a justice of the peace by President John Adams in the final hours of Adams' administration.
The new Secretary of State, James Madison, refused to deliver Marbury's commission.
Issue, Holding, and Reasoning
Issue: Does Marbury have a right to his commission, and can the Supreme Court order its delivery? More broadly, does the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional?
Holding: Yes, Marbury has a right to his commission. However, the Supreme Court cannot order its delivery because the provision of the Judiciary Act of 1789 that gave the Court this power is unconstitutional.
Reasoning: The Constitution grants the judiciary the authority to review legislative and executive acts and declare them unconstitutional (judicial review). The specific provision of the Judiciary Act of 1789 that allowed Marbury to bring his claim directly to the Supreme Court was inconsistent with the Constitution (since it purported to extend the Court’s original jurisdiction beyond that which Article III, Section 2).
Decision and Opinion
4-0 IN FAVOR OF MADISON
The Court established the principle of judicial review, strengthening the judiciary's role in government.
The majority emphasized the importance of judicial review in maintaining effective checks and balances between branches of govenrment.
HEIMLER'S HISTORY
Madison v. Marbury
6 minutes 05 seconds
"In this video Heimler walks you through Marbury v. Madison which, in addition to being a required Supreme Court case for your AP Government curriculum, is probably the most important case in Supreme Court history.
It was this case, decided by the Marshall Court, that cemented the Court's power of judicial review which is the power to rule on the constitutionality of laws passed by Congress (in addition to other actions of the federal government).
Though it began as a case about William Marbury suing for a judgeship, it became a far larger and farther reaching case about the jurisdiction and power of the highest Court in the land."
FEDERALISM
What to Know: In deciding this case about a national bank and state taxes, the court established supremacy of the U.S. Constitution and federal laws over state laws.
Facts of the Case
The state of Maryland imposed a tax on the Second Bank of the United States.
James McCulloch, the bank's cashier, refused to pay the tax, arguing that the state did not have the authority to tax a federal institution.
Issue, Holding, and Reasoning
Issue: Can Congress establish a national bank? Can a state tax a federal institution?
Holding: Yes, Congress has the authority to establish a national bank. No, a state cannot tax a federal institution.
Reasoning: The Necessary and Proper Clause grants Congress the power to pass laws deemed necessary and proper for executing its enumerated powers. The Supremacy Clause establishes that federal laws take precedence over state laws.
Decision and Opinion
6-0 IN FAVOR OF MCCULLOCH AND THE FEDERAL GOVERNMENT
The ruling reinforced federal authority over states and upheld the constitutionality of the national bank.
The majority stressed the broad interpretation of congressional powers and the supremacy of federal law.
HEIMLER'S HISTORY
McCulloch v. Maryland
3 minutes 55 seconds
No description provided on YouTube
SELECTIVE INCORPORATION
What to Know: The Second Amendment right to keep and bear arms for self-defense is applicable to the states.
Facts of the Case
Otis McDonald and other Chicago residents challenged the city's handgun ban.
McDonald argued that the Second Amendment right to keep and bear arms should apply to state and local governments through the Fourteenth Amendment.
Issue, Holding, and Reasoning
Issue: Does the Second Amendment apply to the states because it is incorporated by the Fourteenth Amendment's Privileges and Immunities or Due Process clauses and thereby made applicable to the states?
Holding: Yes, the Second Amendment right to keep and bear arms applies to state and local governments through the Fourteenth Amendment.
Reasoning: The right to keep and bear arms is fundamental to the American scheme of ordered liberty and deeply rooted in the nation's history and traditions. Therefore, it is applicable to the states through the Fourteenth Amendment's Due Process Clause.
Decision and Opinion
5-4 IN FAVOR OF McDONALD
The Court held that the Second Amendment applies to the states, thus invalidating Chicago's handgun ban.
The majority emphasized the fundamental nature of the right to bear arms.
Dissenting opinions expressed concerns about the implications for state and local gun control laws.
HEIMLER'S HISTORY
McDonald v. Chicago
3 minutes 10 seconds
"In this video Heimler teaches you what you need to know about a case required for the AP Government curriculum, namely, McDonald v. Chicago. This is a case about the Second Amendment and the right to bear arms. It came on the heels of another case, Heller v. District of Columbia, which held that the second amendment protected a person's right to own a gun in a FEDERAL district. The McDonald case applied this ruling to the states."
CIVIL LIBERTIES
What to Know: This case bolstered (strengthened/supported) the freedom of the press, establishing a “heavy presumption against prior restraint” even in cases involving national security.
Facts of the Case
The Nixon Administration attempted to prevent the New York Times and Washington Post from publishing the Pentagon Papers.
The Pentago Papers were classified documents detailing U.S. involvement in Vietnam.
The government argued that prior restraint was necessary to protect national security.
Issue, Holding, and Reasoning
Issue: Did the government's efforts to prevent the publication of the Pentagon Papers violate the First Amendment?
Holding: Yes, the government's attempt to impose prior restraint was unconstitutional.
Reasoning: The government did not meet the heavy burden of proof required for prior restraint. The First Amendment protects the press from censorship, and the publication did not pose an immediate threat to national security.
Decision and Opinion
PER CURIAM (6-3) IN FAVOR OF THE NEW YORK TIMES
The Court allowed the publication of the Pentagon Papers.
The per curiam opinion emphasized the critical role of a free press in a democratic society.
Several justices wrote concurring and dissenting opinions, discussing the balance between national security and free speech.
HEIMLER'S HISTORY
New York Times v. United States
3 minutes 12 seconds
"In this video Heimler takes you through another one of your required Supreme Court cases for the AP Government curriculum, namely, New York Times v. United States.
This is a case about the ability of the federal government to invoke prior restraint on the publication of documents (in this case, the Pentagon Papers) that potentially threaten national security. In other words, how far does the first amendment's protection of a free press go?"
CIVIL LIBERTIES
What to Know: Speech creating a “clear and present danger” was not protected by the First Amendment and could be limited.
Facts of the Case
Charles Schenck was convicted under the Espionage Act for distributing leaflets urging resistance to the draft during World War I.
Schenck argued that his First Amendment rights were violated.
Issue, Holding, and Reasoning
Issue: Does the Espionage Act violate the First Amendment's protection of free speech?
Holding: No, the Espionage Act does not violate the First Amendment.
Reasoning: The "clear and present danger" test: speech creating a clear and present danger of significant evils (such as obstructing the draft) can be restricted.
Decision and Opinion
9-0 IN FAVOR OF THE UNITED STATES
The Court upheld Schenck's conviction, establishing limits on free speech during wartime.
The majority emphasized the need to balance free speech with national security interests.
HEIMLER'S HISTORY
Schenck v. United States
3 minutes 12 seconds
"In this video Heimler takes you through another one of your required Supreme Court cases for the AP Government curriculum, namely, New York Times v. United States.
This is a case about the ability of the federal government to invoke prior restraint on the publication of documents (in this case, the Pentagon Papers) that potentially threaten national security. In other words, how far does the first amendment's protection of a free press go?"
POWERS OF THE LEGISLATIVE BRANCH
What to Know: Under the Fourteenth Amendment’s Equal Protection Clause, majority-minority districts, created under the Voting Rights Act of 1965, may be constitutionally challenged by voters if race is the only factor used in creating the district.
Facts of the Case
North Carolina residents challenged the state's congressional reapportionment plan, which created a majority-black district that was unusually shaped and non-contiguous.
The plaintiffs argued that the redistricting was an unconstitutional racial gerrymander.
Issue, Holding, and Reasoning
Issue: Did the North Carolina residents' claim that the state created a racially gerrymandered district raise a valid constitutional issue under the Equal Protection Clause of the Fourteenth Amendment?
Holding: Yes, the residents' claim of racial gerrymandering raised a valid constitutional issue under the Equal Protection Clause.
Reasoning: Although race-conscious redistricting is not per se unconstitutional, the shape of the district in question suggested an effort to segregate voters based on race. This raised an issue that required strict scrutiny to determine whether the redistricting was narrowly tailored to achieve a compelling governmental interest.
Decision and Opinion
5-4 DECISION IN FAVOR OF SHAW
The Court remanded the case for further proceedings to determine whether the redistricting could survive strict scrutiny.
The majority emphasized the importance of treating citizens as individuals rather than as members of racial groups.
The dissenting opinions argued that the redistricting did not violate the Constitution.
HEIMLER'S HISTORY
Shaw v. Reno
3 minutes 58 seconds
"In this video Heimler walks you through another required Supreme Court case for AP Government, namely, Shaw v. Reno. This is a case about gerrymandering (not partisan gerrymandering, but racial gerrymandering). Specifically, it's a case about two legislative districts drawn in North Carolina which were created specifically to elect black candidates to the legislature. Even though the districts were drawn to help historically marginalized people, the Court ruled that drawing districts based on race alone set a dangerous precedent and therefore was a violation of the 14th Amendment."
CIVIL LIBERTIES
What to Know: A prohibition against public school students wearing black armbands in school to protest the Vietnam War violated the students’ freedom of speech protections in the First Amendment.
Facts of the Case
Students wore black armbands to school to protest the Vietnam War.
The school district suspended the students, prompting a lawsuit claiming a violation of the First Amendment's freedom of speech.
Issue, Holding, and Reasoning
Issue: Does the prohibition of wearing armbands in public schools, as a form of symbolic protest, violate the First Amendment?
Holding: Yes, the prohibition violates the First Amendment.
Reasoning: Students do not shed their constitutional rights at the school gate. The armbands represented pure speech and did not cause substantial disruption to the school environment.
Decision and Opinion
7-2 IN FAVOR OF TINKER
The Court held that the students' symbolic speech was protected under the First Amendment.
The majority affirmed that students retain their free speech rights in schools and that symbolic speech is protected so long as it does not cause substantial disruption to the school environment.
HEIMLER'S HISTORY
Tinker v. Des Moines
3 minutes 27 seconds
"In this video Heimler walks you through the landmark Supreme Court case, Tinker v. Des Moines. It's a case about the right to free speech which is protected by the first amendment, specifically, do students have the right to symbolic protest speech?"
FEDERALISM
What to Know: Congress exceeded its power under the Commerce Clause when it made possession of a gun in a school zone a federal crime.
Facts of the Case
Alfonso Lopez, a high school student, was convicted of carrying a concealed handgun onto school premises in violation of the Gun-Free School Zones Act of 1990.
Lopez argued that the Act was an unconstitutional exercise of Congress's power under the Commerce Clause.
Issue, Holding, and Reasoning
Issue: Is the Gun-Free School Zones Act of 1990, which prohibits individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause?
Holding: Yes, the Gun-Free School Zones Act of 1990 exceeds the power of Congress under the Commerce Clause and is therefore unconstitutional.
Reasoning: Carrying a gun in a school zone is not an economic activity that might have a substantial effect on interstate commerce.
Decision and Opinion
5-4 IN FAVOR OF LOPEZ
The Court struck down the Gun-Free School Zones Act of 1990 as an overreach of Congress's commerce power.
The majority emphasized the limits of the Commerce Clause and the importance of federalism.
Dissenting opinions argued that the Act was a valid exercise of congressional power to regulate activities affecting interstate commerce because gun possession in schools would negatively impact education (and the aggregate effects of it would have a negative effect on the national economy) and that the Commerce Clause should have a broader interpretation.
HEIMLER'S HISTORY
United States v. Lopez
3 minutes 27 seconds
"In this video Heimler walks you through another AP Gov required Supreme Court case: The United States v. Lopez (1995). This case is an illustration of the court ruling in favor of state power (remember: it's under the heading of federalism). Be careful: although the facts of this case have everything to do with guns, this is NOT a Second Amendment case. Rather, it's a case arguing about Congress's power to pass gun laws on the authority of the Commerce Clause of the Constitution.
Ultimately, this case is a counter balance to McCulloch v. Maryland which was a case in which the Court ruled in favor of federal power."
CIVIL LIBERTIES
Major Holding: Compelling Amish students to attend school past the eighth grade violates the Free Exercise Clause of the First Amendment.
Facts of the Case
The state of Wisconsin prosecuted Jonas Yoder and Wallace Miller, members of the Old Order Amish religion, for violating Wisconsin's compulsory school attendance law.
This law required all children to attend public or private school until the age of 16.
Yoder and Miller refused to send their children to school past the eighth grade, arguing that high school attendance was contrary to their religious beliefs and way of life.
They believed that attending high school would expose their children to values and practices that were at odds with their religious faith and community.
Issue, Holding, and Reasoning
Issue: Did Wisconsin's requirement that all parents send their children to school at least until age 16 violate the First Amendment by criminalizing the conduct of parents who refused to send their children to school for religious reasons?
Holding: Yes, Wisconsin's compulsory school attendance law was unconstitutional as applied to the Amish.
Reasoning: The state's requirement to attend school until age 16 would gravely endanger the free exercise of the Amish's religious beliefs.
Decision and Opinion
7-0 IN FAVOR OF YODER
the Court found that the state's interest in universal education did not outweigh the fundamental right of the Amish parents to direct the religious upbringing of their children.
The majority emphasized The importance of the free exercise of religion, noting that compulsory attendance laws must yield to the fundamental rights of parents to guide the religious upbringing of their children.
HEIMLER'S HISTORY
Wisconsin v. Yoder
2 minutes 41 seconds
"In this video Heimler walks you through one of your required Supreme Court cases for the AP Government curriculum, namely, Wisconsin v. Yoder. This is a case about the free exercise clause of the First Amendment, which is there to protect the freedom of religion from unnecessary government encroachment.
Ultimately, the Court decided that Wisconsin's compulsory education law was indeed a violation of these Amish families' right to free exercise under the first amendment.
Note: Some information above has been reproduced from Oyez.org and Justia.com for educational purposes.