Landmark Supreme Court cases: Difference between revisions

 
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== AP Gov list of required Landmark Supreme Court cases ==
== AP Gov list of required Landmark Supreme Court cases ==
* cases as listed by College Board for inclusion in AP US Gov exam
* cases as listed by College Board for inclusion in AP US Gov exam
** <u>Note</u>: for 2023, '''''Roe v. Wade''' (1973)'' will NOT be included, as it was overturned by the recent '''''Dodd''''' (2022) decision
** <u>Note</u>: for 2023,  
** see: [https://apcentral.collegeboard.org/courses/ap-united-states-government-and-politics/exam AP United States Government and Politics Exam – AP Central | College Board]
*** '''''Roe v. Wade''' (1973)'' will NOT be included, as it was overturned by the recent '''''Dobbs''''' (2022) decision
* review of additional cases will yield greater student comprehension and analysis
*** '''Lemon v. Kurtzman''' (1971 will NOT be included, as it was overturned by the recent '''''Kennedy''''' (2022) decision
*** see: [https://apcentral.collegeboard.org/courses/ap-united-states-government-and-politics/exam AP United States Government and Politics Exam – AP Central | College Board]
* review of additional cases will yield greater student comprehension and analytical skills for understanding, evaluating and applying constitutional and legal concepts and Court decisions.


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* Miller v. Johnson (1995: addressed racial gerrymandering that had created a "geographic monstrosity" in order to have a black-majority of voters)
* [[wikipedia:Miller_v._Johnson|Miller v. Johnson]] (1995: addressed racial gerrymandering that had created a "geographic monstrosity" in order to have a black-majority of voters)
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=== AP US Gov Units / Learning Objectives re. Court Cases ===
== AP US Gov Units / Learning Objectives re. Court Cases ==
 
In the above table, Landmark cases include categories for AP US Gov units and "Learning Objectives". These include:
* '''Unit 1 Court Cases Learning Objectives (CON)'''
* '''Unit 1 Court Cases Learning Objectives (CON)'''
** CON-1: Constitutional Interpretations of Federalism
** CON = "Constitutionalism"
** CON-2: Federalism reflects the dynamic distribution of power between national and state governments
*** 2.A. Describe the facts, reasoning, decision, and majority opinion of required Supreme Court cases
*** 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
*** 2.B. Explain how the appropriate balance of power between national and state governments has been interpreted differently over time.
** CON-3: The republican ideal in the U.S. is manifested in the structure and operation of the legislative branch.
** CON-3: The republican ideal in the U.S. is manifested in the structure and operation of the legislative branch.
** CON-4:  
*** CON-3 C. Explain how congressional behavior is influenced by election processes, partisanship, and divided government.
** 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-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-5 A. Explain the principle of judicial review and how it checks the power of other institutions and state governments.
* '''Unit 3 Civil Liberties and Civil Rights (LOR)'''
* '''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 = "Liberty and Order"
** LOR-2:
** LOR-2: 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.C. Explain the extent to which the Supreme Court’s interpretation of the First and Second Amendments reflects a commitment to individual libertY
** 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.
** 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 = "(civic) Participation in a Representative Democracy"
** 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-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-2: The impact of federal policies on campaigning and electoral rules continues to be contested by both sides of the political spectrum.
** PRD-3:  
** PRD-3:


== Other Court Cases commonly assigned by AP US Government teachers ==
== Other Court Cases commonly assigned by AP US Government teachers ==
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=== Ex parte Milligan ===
=== Ex parte Milligan ===
|1866
|1866
|Chase
|n/a
|''Can a military court try a citizen?''- prohibited use of military tribunals when civilian courts are available
|''habeas corpus''(note that "ex parte" means "on behalf of", thus for a court in which a party to a suit is absent or not notified)
| - During the Civil War, the Lincoln administration tried northern dissenters in military courts
- Decision: "marial rule can never exist when the courts are open" and martial law operates only under "military operations, where war really prevails"
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* [[wikipedia:Ex_parte_Merryman|Ex parte Merryman]] (1861 regarding suspemsion of habeas corpus)
|''Can a military court try a citizen?''
 
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* [[wikipedia:Ex_parte_Quirin|Ex parte Quirin]] (1942 regarding military trial of German spies in the U.S.)
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|1964
|1964
|Warren
|Warren
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|n/a
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|''Can a public accommodation (a business or other publicly available service) discriminate by race?''- racial discrimination
- upheld Title II of the Civil Rights Act of 1964
|Commerce clause
|Commerce clause
equal protection
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)
| - prior desegregation cases focused on public facilities (buses, school), but this case involved a private entity, a motel. However, since a motel is a "public accommodation," i.e. open to the public, the Court upheld the terms of the Civil Rights Act of 1964 that prohibited discrimination based on race, religion or national origin.
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* ''[[wikipedia:Katzenbach_v._McClung|Katzenbach v. McClung]] (1964; upheld federal laws prohibiting racial discrimination in restraurants''
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|1971
|1971
|Burger
|Burger
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|n/a
- this case was overturned in 2022 by [[wikipedia:Kennedy_v._Bremerton_School_District|Kennedy v. Bremerton School District]]) and so is no longer U.S. law and not on the AP US Gov test)
|''Can a state fund teach pay for religious schools?''  
|''Can a state fund teach pay for religious schools?''  
- government entanglement with religion
- government entanglement with religion
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|Establishment clause
|Establishment clause
(1st amendment)
(1st amendment)
|<< to do
| - consolidated with a Rhode Island case that similarly tested validity of state compensation for religious school teachers
- the "Lemon Test" resulted from this case, although ''Kennedy'' (2022) instructed lower courts to ignore the Lemon Test standard.
- the Lemon Test proposed a "standard" for measuring legislative violation of the Establishment clause , including that the law must
 
# have a secular purpose
# neither advance nor inhibit religion
# not create "excessive government entanglement" with religion, as measured by 1. nature and purpose of the institution; 2) nature of the state aid; 3) resulting relationship between the government and the religious institution
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|1973
|1973
|Burger
|Burger
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|n/a
|right to privacy
- this case was overturned by ''[[wikipedia:Dobbs_v._Jackson_Women's_Health_Organization|Dobbs v. Jackson Women's Health Organization]] (2022)'' and thus removed from the AP Gov Test in 2022 due to ''Dobbs'' decision)
| - right to privacy
- right to abortion
- state regulation of abortion
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* due process (14th amendment
* due process (14th amendment