Landmark Supreme Court cases
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AP Gov list of required Landmark Supreme Court cases
- cases as listed by College Board for inclusion in AP US Gov exam
- Note: for 2023, Roe v. Wade (1973) will NOT be included, as it was overturned by the recent Dodd (2022) decision
- see: AP United States Government and Politics Exam – AP Central | College Board
- review of additional cases will yield greater student comprehension and analysis
Case | Date | Court | AP Unit 1 Objective | Issues / Doctrine | Constitutional Issues | Issues / Background / Description / Opinion / Dissent | Related Cases |
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Baker v. Carr |
1961 | Warren | Republicanism (CON-3) | -
- "One person one vote" standard - Political Question doctrine |
Equal protection clause
(14th amendment) Judicial review |
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Brown v. Board of Education |
1954 | Warren | Equal protection (PRD-1) | - equal protection
- "separate is not equal" |
Equal protection clause (14th amendment) |
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Citizens United v. Federal Election Commission |
2010 | Roberts | Electoral rules (PRD-2) | campaign finance law | Free speech clause
(1st amendment) |
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Engel v. Vitale |
1962 | Warren | Civil Liberties (LOR-2) | Can public schools conduct prayer?
- prayer in public school - "separation of Church and State" doctrine |
Establishment clause (1st amendment) |
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Gideon v. Wainwright |
1963 | Warren | Civil Liberties (LOR-3) | - public counsel
- incorporation case |
Right to counsel (6th amendment) |
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for similar cases regarding criminal protections:
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Marbury v. Madison |
1803 | Marshall | Judicial review (CON-5) | Judicial supremacy |
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McColluch v. Maryland |
1819 | Marshall | Federalism
(CON-2) |
implied powers |
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McDonald v. Chicago |
2010 | Roberts | Civil Liberties (LOR-3) | - right to "keep and bear arms
- incorporation case |
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New York Times v. United States |
1971 | Burger | Civil Liberties (LOR-2) | - prior restraint
- freedom of the press |
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Schenck v. United States |
1919 | Hughes | Civil Liberties (LOR-2) | "clear and present danger" | - right to speech (1st amendment)
- restriction on speech |
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Shaw v. Reno |
1993 | Rehnquist | Republicanism (CON-3) | - redistricting and gerrymandering | equal protection
(14th amendment) |
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Tinker v. Des Moines Independent Community School District |
1969 | Warren | Civil Liberties (LOR-2) | Can public schools regulate student speech?- protests in public schools
- public safety (protecting children) v. rights of minors - "substantial disruption" test |
Free speech clause
(1st amendment) |
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United States v. Lopez |
1995 | Rehnquist | Federalism (CON 2) | validity of Commerce clause based on substantial effect on interstate commerce | Commerce clause (Article I, section 8) |
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Wisconsin v. Yoder |
1972 | Burger | Civil Liberties (LOR-2) | Can a state force parents who object on religious grounds to send their children to school?
- parental rights - freedom of religion |
Free exercise of religion clause (1st amendment)
- incorporation case (via the 14th Amendment's equal protection clause) |
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AP US Gov Units / Learning Objectives re. Court Cases
- Unit 1 Court Cases Learning Objectives (CON)
- CON-1: Constitutional Interpretations of Federalism
- 2.A. Describe the facts, reasoning, decision, and majority opinion of required Supreme Court cases
- CON-2: Federalism reflects the dynamic distribution of power between national and state governments
- CON-3: The republican ideal in the U.S. is manifested in the structure and operation of the legislative branch.
- CON-4:
- CON-5: The design of the judicial branch protects the Supreme Court’s independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice.
- CON-1: Constitutional Interpretations of Federalism
- Unit 3 Civil Liberties and Civil Rights (LOR)
- LOR-1: Provisions of the U.S. Constitution’s Bill of Rights are continually being interpreted to balance the power of government and the civil liberties of individuals.
- LOR-2:
- LOR-3: Protections of the Bill of Rights have been selectively incorporated by way of the Fourteenth Amendment’s due process clause to prevent state infringement of basic liberties.
- Unit
- PRD-1: The Fourteenth Amendment’s equal protection clause as well as other constitutional provisions have often been used to support the advancement of equality.
- PRD-2: The impact of federal policies on campaigning and electoral rules continues to be contested by both sides of the political spectrum.
- PRD-3:
Other Court Cases commonly assigned by AP US Government teachers
Case | Date | Court | AP Unit 1 Objective | Issues / Doctrine | Constitutional Issues | Issues / Background / Description / Opinion / Dissent | Related Cases |
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Ex parte Milligan |
1866 | n/a | Can a military court try a citizen? | ||||
Heart of Atlanta Motel v. US |
1964 | Warren | n/a | Commerce clause
equal protection |
(1964: court ruled that the Commerce Clause gave Congress the power to prohibit racial discrimination in "public accommodations", i.e. businesses open to the public) | ||
Lemon v. Kurtzman |
1971 | Burger | n/a | Can a state fund teach pay for religious schools?
- government entanglement with religion - "Lemon Test": to assess secular (non-religious) purpose |
Establishment clause
(1st amendment) |
<< to do | |
Roe v. Wade |
1973 | Burger | n/a
(removed from the AP Gov Test in 2022 due to Dodd decision) |
- right to privacy
- right to abortion - state regulation of abortion |
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Fourteenth Amendment "Incorporation Cases"
Incorporation meaning
- "Incorporation" refers to application of the rights and protections of the Bill of Rights to state law
- in- = into + corp = body + -tion (makes a noun)
- = "put into the body"
- the anti-Federalists (viz. Brutus) argued that the Constitution did not protect the rights of the citizens
- thus the agreement was made that upon adoption of the Constitution it would be amended to include certain protections
- the Bill of Rights (BOR) added these protections by limiting or prohibiting certain actions by the new federal government
- thus the language of the BOR, "Congress shall make no law..." or "...shall not be violated"
- it was understood by all the Founders that, except for where explicitly stated in the Constitution regarding the states, the Constitution and its amendments applied to the federal and not to the state governments
- in 1833, the Supreme Court ruled that the Bill or Rights does not apply to the states
- Barron v. Baltimore (1833)
- following the Civil War, the Constitution was amended three times in order to
- abolish slavery (13th Amendment)
- provide to the former slaves citizenship and equal protection under the laws (14th amendment)
- and also to make arrangements for re-entry of rebellious states back into the Union
- secure the vote of former male slaves (15th amendment)
Fourteenth amendment
- the Fourteenth amendment explicitly applied to the federal and all state governments
- given this national aspect, any case reviewed by the Courts regarding the 13-15th amendments was applicable to the states
- it was through the 14th amendment's "due process" and "equal protection" clauses that, over time, the Courts applied other rights and protections from the BOR to the states, such as
- 1st amendment protections of speech
- 4th amendment protection of the rights of the accused (esp. search and seizure)
- 5th amendment due process protections (especially self-incrimination and due process)
- note that the 14th amendment "due process" clause explicitly repeats the 5th amendment language
- thus Court cases that apply the BOR protections to state laws are called "incorporation cases"
Select list of Landmark incorporation cases
- see this Wikipedia article that lists incorporation cases per each of the Bill of Rights:Incorporation of the Bill of Rights
14th Amendment "privileges or immunities," "due process" & "equal protection" clauses
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
privileges or immunities
- = protects the rights and protections of citizens
- was intended to protect BOR protections (Amendments 1-8) from state law
- however, the 1873 Slaughter-House Cases limited "privileges or immunities" to measures regarding U.S. (national) and not state citizenship
- the case upheld a New Orleans law that took control of the city's slaughterhouse (meat packing) industry
- the Court upheld the power of the city to enforce the public safety at the expense of the "privileges or immunities" of the litigants regarding their right to contract and property
- Courts have subsequently relied on the "Due Process" and "Equal Protection" instead of "Privileges or Immunities" clauses
- Justice Thomas' concurring opinion (with the majority) in McDonald v. Chicago (2010; regarding gun rights) invoked the 14th amendment Privileges or Immunities clause
- Judge Thomas argued that "substantive due process" is an invalid doctrine and that the Privileges or Immunities clause directly applies the Bill of Rights to state law
- thus the Court need not rely on "process" in the Due Process clause and instead apply Amendments 1-8 directly
- Judge Thomas argued that "substantive due process" is an invalid doctrine and that the Privileges or Immunities clause directly applies the Bill of Rights to state law
- Justice Thomas' concurring opinion (with the majority) in McDonald v. Chicago (2010; regarding gun rights) invoked the 14th amendment Privileges or Immunities clause
due process
- = the rules, procedures and processes required of the government when enforcing a law upon a citizen
- these rules and processes include other BOR protections and are understood to apply to all government actions
- due process violations occur when
- property is searched without a warrant
- a criminal is held without charges
- a court fails to adequately notify someone of a proceeding
- "due process" is also called "procedural law"
substantive due process
- in Lochner era cases, the Courts developed a concept called "substantive due process"
- whereas 5th and 14th Amendment "due process" regards "procedure" and "rules"
- substantive due process:
- regards actual rights, generally those "unenumerated," or not listed in the BOR
- applies to any right or protection that is understood to be an inherent or fundamental right even if not specifically protected in law, such as
- an individual's right to movement
- economic liberties, such as the right to work or rights of contract
- (note that near the end of the Great Depression, the Court accepted more limits on economic liberties)
- substantive due process:
- Warren era cases (1950s-1960s) employed "substantive due process" in creating "privacy" protections such as express in Roe v Wade (1973)
equal protection
- = the laws shall be applied or enforced upon all people equally
- i.e. without undue burdens (going hard on) or leniencies (going easy on) different classes of people (race, religion, location, etc.)
- the clause deliberately applied Federal law over state law
- the phrase "equal justice under law" is derived from Fourteenth Amendment language in the Equal Protection clause
- both Brown v Board of Education (1954) ruling explicitly invoked the Equal Protection Clause
- other important cases include:
- Strauder v. West Virginia (1880), which ruled that exclusion of blacks from a jury violated the Equal Protection clause
- Plessy v. Ferguson (1896), which allowed racial discrimination in public facilities so long as they were "separate but equal"
- in other words, even though Plessy legalized de jure segregation, the Court had to make that decision in terms of the 14th Amendment
- Judge Harlan's lone dissent affirmed strict Equal Protection by stating that the Constitution "is color-blind, and neither knows nor tolerates classes among citizens"
- Brown v. Board of Education (1954) applied the Equal Protection clause to eliminate racial segregation in public schools
- for list of cases decided under the Equal Protection Clause, see List of 14th Amendment cases (wikipedia)
List of Court Doctrines & Tests
- a "doctrine" is a judicial ruling that services as precedent for other cases
- "legal test" is a standard that a court may develop in a ruling that is used to decide if a case or action fits in or not to a certain legal category or type of case
Court Doctrines
- "One person one vote" standard (Baker v. Carr, 1961)
- Political Question doctrine
- Strict scrutiny
- the idea that any limitation on "equal protection of the laws" (14th amendment) must be strictly scrutinized (carefully examined)
- or that a law must carefully examined and measured for its purpose and effects
Legal Tests & Rules
- clear and present danger (Schenck v. US , 1919)
- speech that creates a "clear and present danger" may be prohibited by law
- "grave and irreparable danger rule "(NY Times v. US, 1971)
- updated from the "grave and probable danger" rule (Dennis v. US, 1951)
- the government must show "irreparable" (unfixable) danger in order to justify "prior restraint"
- "prior restraint" = stopping an action or behavior before it happens, usually referring to halting the publication of something that might pose a harm to national security
- imminent lawless action standard (Brandenburg v. Ohio, 1969)
- in order to restrict speech, the government must demonstrate that the speech will produce "imminent lawless action," i.e., an illegal act that will be the direct result of the speech
- Miller Test (Miller v. California, 1973)
- modified a previous test for obscenity, "utterly without socially redeeming value"
- to lacking "serious literary, artistic, political, or scientific value"
- modified a previous test for obscenity, "utterly without socially redeeming value"
- substantial disruption test (Tinker v. Des Moines, 1969)
- a standard for school prohibitions of student speech that may be considered lewd, offensive or disruptive
- Undue burden standard
- a law must not create an "undue" (unnecessary) or overly burdensome or that is overly restrictive of fundamental rights
Major "Courts" (Chief Justices)
Marshall Court, 1801-1835
- under Chief Justice John Marshall
- early Republic period
- established judicial review and federal supremacy
- protected contract and property rights from state encroachment
Taney (Roger)
- prior to the Civil War, Taney defended slave states
- most important decision: Dred Scott v. Sandford (1857)
- which invalidated the Compromise of 1850
Chase, Waite & Fuller Courts, 1864-1910
- Chief Justices Salmon P. Chase (1864-1873), Morrison Waite (1874-1888) and Melven Weston Fuller (1888-1910)
- the Chase court oversaw Reconstruction Era civil rights laws and cases
- Waite Courts
- Fuller Courts were marked by
- anti- federal regulations
- pro-freedom of contract
- legalized segregation (Plessy v. Furgeson, 1894) and created the "separate but equal" doctrine
Lochner era
- named for the case "Lochner v. New York (1905)
- in which the Court invalidated a maximum hours law under the theory that they violated private contract
- the state of New York enacted a law that limited work hours
- a baker, Joseph Lochner, was arrested for violating the law
- the Court ruled that the law violated "due process" protections of individual rights to contract
- i.e., that Lochner and his employees had a right to contract work hours without state interference
- the Lochner era Courts generally invalidated state and federal laws that regulated the workplace (hours, wages, etc.)
- the Lochner case created the idea of "substantive due process" (see "Incorporation cases")
- the Lochner era ended when, following President Franklin Roosevelt's "court packing scheme", the Court adjusted its attitude towards New Deal programs
- West Coast Hotel Co. v. Parrish, (1937) upheld a minimum wage law, and thus allowed for state restrictions on private contract
White, Taft & Hughes & Vinson Courts
- Edward Douglass White,
- William Howard Taft
- Charles Evans Hughes
- Vinso
Warren Court
- Chief Justice Earl Warren,
Burger Court
Rehnquist Court
Roberts Court
Full list of Landmark Supreme Court cases
Landmark Supreme Court cases: alphabetical
- Abington School District v. Schempp (1963: religion in schools)
- Baker v. Carr (1962, redistricting; "One person one vote" standard)
- Bakke v. Regents of the University of California (1978: limited affirmative action / racial preferences in college admissions)
- Bob Jones University v. US (1983)
- Boy Scouts of America v. Dale (2000: freedom of association; banned laws forcing inclusion in a private group; homosexuality)
- Bowers v. Hardwick (1986: privacy, homosexuality)
- Brown v. Board of Education (1954, equal protection, overturned Plessy)
- Buckley v. Valeo (1976)
- Bush v. Gore (2000: presidential election)
- Charles River Bridge v. Warren Bridge (1837)
- Cherokee Nation v. Georgia (1831)
- Citizens United v. Federal Election Commission (2010: campaign finance)
- Civil Rights Cases of 1883 (five cases; the Court ruled that the 13th and 14th Amendments did not outlaw racial discrimination by private individuals)
- Clinton v. City of New York (1998)
- Clinton v. Jones (1997)
- Commonwealth v. Hunt (1842)
- Cooper v. Aaron (1958, states cannot nullify federal Court rulings)
- Dartmouth College v. Woodward (1819: no state shall make laws that impair (violate) contract)
- District of Columbia v. Heller (2008: gun rights upheld)
- Dred Scott v. Sandford (1857)
- Engel v. Vitale (1962: religion; banned school prayer)
- Escobeda v. Illinois (1964)
- Ex parte Endo (1944)
- Ex parte Milligan (1866)
- Fletcher v. Peck (1810: 1st ruling to invalidate a state law; regarded contracts & property rights)
- Furman v. Georgia (1972)
- Gibbons v. Ogden (1824: upheld federal interstate commerce / Commerce clause powers)
- Gideon v. Wainwright (1963: right to state-funded attorney)
- Gitlow v. New York (1925)
- Gratz v. Bollinger (2003)
- Griswald v. Connecticut (1965: "right to privacy; birth control)
- Grutter v. Bollinger (2003: upheld university diversity policies)
- Hamdi v. Rumsfield (2004)
- Hazelwood v. Kuhlmeier (1983: speech; upheld limits on student publications)
- Heart of Atlanta v. US (1964: court ruled that the Commerce Clause gave Congress the power to prohibit racial discrimination in "public accommodations", i.e. businesses open to the public)
- Jones v. Alfred H. Mayer Co. (1968: prohibited racial discrimination in land sales or rental based on the 13th Amendment)
- Kelo v. City of New London (2005)
- Korematsu v. United States (1944)
- Lau v. Nichols (1974)
- Lawrence v. Texas (2003: right to privacy; banned anti-sodomy law; homosexuality)
- Lemon v. Kurtzman (1971)
- Lochner v. New York (1905)
- Loving v. Virginia (1967: equal protection; banned miscegenation laws)
- Mapp v. Ohio (1961: probable cause, due process; evidence obtained illegally cannot be used in criminal court)
- Marbury v. Madison (1803: judicial review)
- Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018: free exercise of religion, right to discriminate based on religious belief)
- McCulloch v. Maryland (1819: Supremacy clause, upheld implied powers)
- McDonald v. City of Chicago (2010: gun rights; applied Heller decision to states)
- McGirt v. Oklahoma (2020, tribal reservation rights)
- Miller v. California (1973)
- Miranda v. Arizona (1966: due process; informed rights before questioning)
- Muller v. Oregon (1908)
- Munn v. Illinois (1876)
- Murray v. Curlett (MD) (1963
- National Federation of Independent Business v. Sebelius (2012: updheld Obamacare by deciding that the requirement to purchase health care was a tax and not a governmental edict)
- NRLB v. Jones & Laughlin Steel Corp (1937)
- New Jersey v. T.L.O. (1985: public safety over rights of minors)
- New York Times v. Sullivan (1964: rights of press; "actual malice" requirement in libel)
- New York Times v. U.S. (1971)
- Northern Securities Co. v. U. S. (1904)
- Obergefell v. Hodges (2015: same-sex marriage)
- Planned Parenthood v. Casey (1992)
- Plessy v. Ferguson (1896: legalized segregation under "separate but equal" doctrine)
- Pollock v. The Farmers' Loan and Trust Co. (1895)
- Roe v. Wade (1973: right to privacy; abortion)
- Roper v. Simmons (2005: execution is cruel & unusual punishment for minors)
- Schenck v. US (1919: )
- Schechter v. U. S. (1936)
- Scott v. Sanford (1857)
- Shaw v. Reno (1993)
- Shelby County v. Holder (2013: voting rights)
- Terry v. Ohio (1969: probably clause/ reasonable search justified without warrant in certain circumstances)
- Texas v. Johnson (1989: symbolic speech protection in burning of flag)
- Tinker v. Des Moines (1969: rights of minors; search & seizure)
- U.S. v. American Library Association (2003)
- U. S. v. E. C. Knight Co. (1895)
- U.S. v. Nixon (1974: executive privilege)
- United States v. Windsor (2013: same-sex marriage)
- Van Order v. Perry (2005)
- Wabash, St. Louis, and Pacific Railway Co. v. Illinois (1886)
- West Virginia State Board of Education v. Barnette (1943)
- West Coast Hotel v. Parrish (1937: legalized minimum wage laws)
- Zelma v. Simmons-Harris (2002, religion, school vouchers)
Landmark Supreme Court cases: by date & historical era
Landmark Supreme Court cases: by topic
- ↑ Marshall invoked (referenced) the ancient Roman legal maxim ubi jus, ibi remedium for "where there is a legal right, there is a legal remedy"
- ↑ Note that Hamilton did not envision Judicial review, instead arguing that the Congress must avoid unconstitutional unto itself.
- ↑ In this case the Court upheld a challenge to a law's constitutionality, in that a tax on carriages did not violate the Constitution. Marbury was not decided on this precedent, however, Chief Justice Roberts cited Hylton in National Federation of Independent Business v. Sebelius (2012)