AP gov Required Cases

• Congress chartered the second bank of the United States

  1816
• The second bank of the United States attempted to establish branches in several states including Baltimore, Maryland</b>
• The Maryland legislature passed a law saying that any bank in Maryland which was not officially chartered by Maryland would be subject to a $15,000 a year tax
• The cashier of the Baltimore branch of the national bank refused to pay the tax
• The case went all the way up to the Supreme Court
• Unconstitutional


  (Maryland's argument) The establishment of a national bank was unconstitutional because nowhere in Article 1 Section 8 did it say that Congress had the power to create a bank
• Necessary and Proper Clause


  (McCulloch's lawyers' argument) The bank was constitutional on account of the Necessary and Proper Clause in Article 1 Section 8, which gives Congress the power to make all laws necessary and proper for carrying into execution the powers vested in the government
• Implied powers


  Powers that are not explicitly named in the Constitution but are implied as necessary for carrying out the government's explicit powers
• The Supreme Court decision was unanimous in favor of McCulloch
• Chief Justice John Marshall: 'We think that the sound construction of the constitution must allow to the national legislature that discretion with respect to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.'
• The case established the supremacy of national laws over state laws
• When a state law is in conflict with a federal law

  Federal law wins
• Significance of McCulloch v. Maryland


  • It demonstrated the balance of power between the federal government and the states, tipping the balance in favor of the federal government
  • It has been a precedent to which later courts would return when deciding on the balance of power between states and the federal government
• Baker v. Carr case decided


  1962
• Tennessee had not redrawn its legislative districts in over 60 years
• Tennessee's urban populations had grown much faster than its rural populations
• Rural voters had much more voting power than urban voters
• The Supreme Court had previously decided that questions of redistricting were not justiciable (a political question, not a justice question)
• Justiciable


  A question that the court has authority to rule on
• The 14th Amendment's equal protection clause was the constitutional principle at stake in Baker v. Carr
• The Supreme Court decided that issues of reapportionment were in fact justiciable
• Significance of Baker v. Carr


  • Established the one-person one-vote doctrine
  • Fundamentally altered the nature of political representation across the US
  • Got the Supreme Court involved in political questions like redistricting
• The Supreme Court established a six-part test to help future justices decide when an issue is justiciable vs. only political in nature
• In 1990, none of North Carolina's representatives were black, even though 20% of the state's population was black
• Redistricting after 1990 census in North Carolina


  1. Drew one majority-black district

  2. Submitted to Justice Department for review

  3. Justice Department said they could get a second majority-black district if they tried
• Second majority-black district in North Carolina


  • Looked "wonky" or gerrymandered
• Gerrymandering


  When congressional districts are drawn to favor one group over another
• Partisan gerrymandering


  When districts are drawn to favor one political party over another
• Racial gerrymandering


  When districts are drawn to favor one racial group over another
• The Voting Rights Act of 1965 required certain states to get federal approval for changes to their districts
• The equal protection clause of the 14th Amendment was at stake in this case


  • Citizens in Shaw's group argued the districts were drawn solely based on race, violating the colorblind constitution
  • Reno's side argued the districts were drawn to help marginalized black residents, which was permissible
• The Supreme Court ruled against Reno and the Justice Department, saying districts drawn solely based on race were unconstitutional
• Shaw v. Reno set a precedent that districts cannot be drawn solely with the intent to gather those of the same race
• Marbury v. Madison


  The most significant Supreme Court case in history, decided in 1803
• The first two political parties in the US were the Federalists and the Democratic Republicans, and they fought bitterly on many issues
• Federalist President John Adams lost the 1800 election to Democratic Republican Thomas Jefferson
• Adams' plan to dilute the power of the Democratic Republicans

  1. Created new courts and judgeships

  2. Appointed Federalist judges who would likely frustrate Jefferson's agenda
• Adams signed commissions for these judges right up until he left office, but some were not delivered
• When Jefferson took office, he ordered his Secretary of State to leave the undelivered commissions undelivered
• Writ of mandamus


  A court order for an official to do what they are legally required to do