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?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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No, prior restraint on publication is unconstitutional except in exceptional cases.
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