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Key Supreme Court Cases

These are cases that might be asked about on the AP exam.

AB
Marbury v. MadisonEstablished judicial review; midnight judges; John Marshall; power of the Supreme Court.
McCulloch v. MarylandEstablished national supremacy; established implied powers; use of elastic clause; state unable to tax federal institution; John Marshall; the power to tax involves the power to destroy.
Gibbons v. OgdenEstablished a broad interpretation of the Commerce Clause; determined Congress power encompassed virtually every form of commercial activity. The Commerce Clause has been the constitutional basis for much of Congress regulation of the economy.
Plessy v. FergusonEstablished separate by equal. Gave Supreme Court approval to Jim Crow laws.
Weeks v. U.S.Established the Exclusionary Rule at the federal level; illegally obtained evidence cannot be used in court.
Schenck v. U.S.Speech which presents a clear and present danger is not protected by the First Amentment.
Gitlow v. New YorkEstablished precedent of incorporating the Bill of Rights (applying them to the states); states cannot deny freedom of speech protected through due process clause of the 14th Amendment.
Palko v. ConnecticutProvided test for determining which parts of Bill of Rights should be federalized those which are implicitly or explicitly necessary for liberty to exist (Selective Incorporation).
Korematsu v. U.S.Upheld as constitutional the internment of Americans of Japanese descent during WWII.
Brown v. Topeka Board of EducationSchool segregation unconstitutional; segregation psychologically damaging to blacks; overturned separate but equal; use of 14th Amendment.
Roth v. United StatesEstablished that obscenity is not within the area of constitutionally protected speech or press.
Mapp v. OhioEstablished exclusionary rule; illegally obtained evidence cannot be used in court.
Engel v. VitaleProhibited state-sponsored recitation of prayer in public schools by virtue of the 1st Amendment's establishment clause.
Baker v. CarrOne man, one vote. Ordered state legislative districts to be as near equal as possible in population.
Abbington v. SchemppProhibited devotional Bible reading in public schools by virtue of establishment clause.
Gideon v. WainwrightOrdered states to provide lawyers for those unable to afford them in criminal proceedings.
NY Times v. SullivanHeld that statements about public figures are libelous only if made with malice and reckless disregard for the truth.
Griswold v. ConnecticutEstablished right of privacy through 4th & 9th Amendments. Set a precedent for Roe v. Wade.
Miranda v. ArizonaEstablished Miranda warnings of counsel and silence. Must be given before questioning.
Lemon v. KurtzmanEstablished 3-part test to determine if establishment clause is violated: nonsecular purpose, advances/inhibits religion, excessive entanglement with government.
Miller v. CaliforniaEstablished that community standards be used in determining whether material is obscene in being patently offensive, and lacking in artistic, literary value.
Roe v. WadeEstablished national abortion guidelines; trimester guidelines; no state interference in 1st; state may regulate to protect health of mother in 2nd; state may regulate to protect health of unborn child in 3rd. Inferred from right of privacy established in Griswold v. Connecticut.
U.S. v. NixonAllowed for executive privilege, but not in criminal cases; Even the President is not above the law; Watergate.
Buckley v. Valeo1st Amendment protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns.
Furman v. GeorgiaWhile not stating that the death penalty was unconstiutional. It did state that up to that point the death penalty had been applied in a unequal and abitrary manner.
Gregg v. Georgiareinstated the death penalty after states corrected the arbitrary and unequal problens mentioned in Furman v. Georgia
U.C. Regents v. Bakkedeclared strict quotas unconstitutional but states may allow race to be taken into account as ONE factor in admissions decisions.
Texas v. JohnsonStruck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the 1st Amendment.
Planned Parenthood v. CaseyStates can regulate abortion, but not with regulations that impose undue burdens upon women.
U.S. v. LopezGun Free School Zones Act exceeded Congress� authority to regulate interstate commerce. The first case to begin reigning in Congress� authority under the Commerce Clause. First time the Court used the 10th Amendment to restrict an action by the Fecderal government.
Clinton v. NYBanned presidential use of line item veto.
Zelman v. Simmons-HarrisPublic money can be used to send disadvantaged children to religious schools in tuition voucher programs.
Ashcroft v. ACLUStruck down a federal ban on virtual child pornography.
Lawrence v. TexasUsing right of privacy, struck down Texas law banning sodomy. First time the Court granted 14th Amendment Rights to members of the LGBT community.
Gratz v. BollingerStruck down use of bonus points for race in undergrad admissions at University of Michigan.
Grutter v. BollingerAllowed the use of race as a general factor in law school admissions at University of Michigan.
McDonald v. City of ChicagoStates and municipalities may not ban the possession of guns. Incorporated the 2nd Amendment.
Citizens United v. FECIndividuals and Corporations can spend as much money as they wish in support of or oppositon of a candidate, as long as the money is spent independent from the campaign
Brandenberg v. OhioModified the Schenck decision. For speech to be a clear and present danger. It must be shown that the intent of the speech was to incict a true and immediate dange to others.


Mr.
Franklin High School
Franklin, WI

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