Supreme Court Cases – AP Government Mid-Term

Marbury vs. Madison: Right of judicial review to the Supreme Court

McCulloch vs. Maryland: (federalism) – National government supremacy, implied powers in Constitution

Gibbons vs Ogden – Article I, section 8 of constitution gives Congress power to regulate interstate
commerce (all commercial activity)

United States v Lopez , United States v Morrison, Seminole Tribe of Florida v Florida – Cases in
which the SC revoked a Congressional act (gun-free school-zone, violence against women act, capacity
of tribe to sue state in pursuit of good-faith negotiations) that was enacted under the Commerce Clause.
Seminole case involved the 11th (the protection of states from private suits in fed/state courts or before fed
agency.

Barron vs. Baltimore: Bill of Rights restrained only national government

Gitlow vs. New York: Freedoms omercial activity)

United States v Lopez , United States v Morrison, Seminole Tribe of Florida v Florida – Cases in
which the SC revoked af speech and press protected by Due Process Clause of 14th Amdmt.

Lemon vs. Kurtzman: Aid to church related schools must have secular legislative purpose, a primary
effect that neither advances nor inhibits religion, and not foster excessive government entanglement with
religion

Zelman vs. Simmons-Harris: Upheld state policy of giving vouchers to parents who sought religious
schools.

Engel vs. Vitale: State officials violated 1st Amendment in writing prayer to be recited in NY schools.

Abington, Penn. Vs. Schempp: A law requiring Bible reading in schools violated establishment clause of
First Amendment

Employment Divison vs. Smith: State laws interfering with religious practices but not aimed at religion
are constitutional.

Near vs. Minnesota: First amendment protects newspapers from prior restraint (censorship).

Schenck vs. U.S.: Allows censorship if censored material provides “clear and present danger” of
substantive evils [anti-WWI communist with leaflets]

Zurcher vs. Stanford Daily: Could use search warrant on newspapers or others without violating 1st
amendment.

Roth vs. United States: Obscenity not protected (speech or press).

Miller vs. California: Obscene – prurient interest in sex; patently offensive sexual conduct specifically
defined by an obscenity law; lack of serious literary, artistic, political, or scientific value.

NY Times vs. Sullivan: In libel cases, individuals must prove statements were made in “actual malice”
with reckless disregard for truth.

Texas vs. Johnson: Legal to burn flag, symbolic speech, first amendment

Miami Herald vs. Tornillo: State couldn’t force press to allow response of a criticized candidate, showed
limited grasp of govt. over print media.
Red Lion Broadcasting vs. FCC: Upheld restrictions on broadcast media (those restrictions are higher
because there are only so many broadcast stations).

NAACP vs. Alabama: Protected right to assemble peaceably, NAACP did not have to reveal member
list.

Mapp vs. Ohio: Protects against unreasonable search and seizure, exclusionary rule, extended to
states/feds.

Miranda vs. Arizona: Protects against self-incrimination, for right to counsel; rights in police questioning.

Gideon vs. Wainwright: Anyone charged with felony and possible imprisonment has right to lawyer.

Gregg vs. Georgia: Upheld death penalty.

McCleskey vs. Kemp: Upheld death penalty against charges that it violated the 14th.

Roe vs. Wade: State ban on all abortions unconstitutional.

Planned Parenthood vs. Casey: Loosened standard on evaluating restrictions of abortions – “strict
scrutiny” to “undue burden” – more regulation

Scott vs. Sandford: Fugitive slave in free state had no rights as citizen; Congress had no authority to
ban slavery in territories.

Plessy vs. Ferguson: Segregation OK if equal but separate.

Brown vs. BoE: Segregation illegal, violated equal protection of 14th amendment

Korematsu vs. United States: Justified Japanese internment.

Regents of the UC vs. Bakke: State Univ. could not admit less qualified solely on race.

Adarand Constructuors vs. Pena: Federal programs that classify people by race are unconstitutional.

United States v. Darby - 10th is a truism - a “duh” - stating that “states have independent powers of their
own, not that states are the supreme entity.

National League of Cities v Usery (1976) – Extending national laws about max hrs and min wage to
state and local govt employees unconstitutionally inhibits states' powers...overturned by Garcia v San
Antonio Metro in 1985.