The required AP US Government Supreme Court cases with the constitutional question and holding for each.
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- Marbury v. Madison (1803): What constitutional power did the Supreme Court establish?
- The power of judicial review - the ability to declare laws unconstitutional.
- McCulloch v. Maryland (1819): Can Congress charter a bank, and can a state tax it?
- Yes to both: the Necessary and Proper Clause grants Congress implied powers, and states cannot tax federal instruments.
- Gibbons v. Ogden (1824): What is the scope of Congress's power to regulate commerce?
- Congress can regulate interstate commerce broadly, including navigation and any activity affecting interstate trade.
- Plessy v. Ferguson (1896): Is 'separate but equal' constitutional under the Fourteenth Amendment?
- Yes, separate facilities for different races do not violate equal protection if they are equal in quality.
- Brown v. Board of Education (1954): Is 'separate but equal' constitutional in public schools?
- No, separate educational facilities are inherently unequal and violate the Fourteenth Amendment.
- Lochner v. New York (1905): Can a state limit working hours to protect workers?
- No, the law violates substantive due process by interfering with the freedom to contract.
- Wickard v. Filburn (1942): Can Congress regulate a farmer growing wheat only for personal use?
- Yes, because even personal wheat production affects interstate commerce when aggregated.
- Schechter v. United States (1935): What limits exist on delegating power to the executive branch?
- Excessive delegation without clear standards violates separation of powers; Congress must set meaningful limits.
- Heart of Atlanta Motel v. United States (1964): Can Congress use the commerce power to prohibit racial discrimination in accommodations?
- Yes, discrimination in interstate commerce substantially affects interstate commerce, so Congress can regulate it.
- United States v. Lopez (1995): What is an example of an activity outside Congress's commerce power?
- Regulating guns near schools exceeds the commerce power because there is no substantial connection to interstate commerce.
- Schenck v. United States (1919): What is the standard for when the government can restrict speech?
- Speech can be restricted if it presents a clear and present danger of imminent harm.
- Brandenburg v. Ohio (1969): What is the modern test for when speech inciting illegal action can be punished?
- Speech can be punished only if it is directed at inciting imminent lawless action and is likely to incite it.
- New York Times v. Sullivan (1964): Can public officials sue for libel more easily than private citizens?
- No, public officials must prove actual malice (knowing falsity or reckless disregard for truth).
- Texas v. Johnson (1989): Is burning the American flag a constitutionally protected form of speech?
- Yes, flag burning is symbolic speech protected by the First Amendment.
- Near v. Minnesota (1931): Can the government prevent publication of an article before it appears?
- No, prior restraint on publication is unconstitutional except in exceptional cases.