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Facts and Case Summary — Korematsu v. U.S.

About 10 weeks after the U.S. entered World War II, President Franklin D. Roosevelt on February 19, 1942 signed Executive Order 9066. The order authorized the Secretary of War and the armed forces to remove people of Japanese ancestry from what they designated as military areas and surrounding communities in the United States. These areas were legally off limits to Japanese aliens and Japanese-American citizens.

The order set in motion the mass transportation and relocation of more than 120,000 Japanese people to sites the government called detention camps that were set up and occupied in about 14 weeks. Most of the people who were relocated lived on the West Coast and two-thirds were American citizens. In accordance with the order, the military transported them to some 26 sites in seven western states, including remote locations in Washington, Idaho, Utah, and Arizona.

Fred Korematsu, 23, was a Japanese-American citizen who did not comply with the order to leave his home and job, despite the fact that his parents had abandoned their home and their flower-nursery business in preparation for reporting to a camp.  Korematsu planned to stay behind.  He had plastic surgery on his eyes to alter his appearance; changed his name to Clyde Sarah; and claimed that he was of Spanish and Hawaiian descent.

On May 30, 1942, about six months after the Japanese attack on Pearl Harbor, the FBI arrested Korematsu for failure to report to a relocation center. After his arrest, while waiting in jail, he decided to allow the American Civil Liberties Union to represent him and make his case a test case to challenge the constitutionality of the government’s order. Korematsu was tried in federal court in San Francisco, convicted of violating military orders issued under Executive Order 9066, given five years on probation, and sent to an Assembly Center in San Bruno, CA.

Korematsu’s attorneys appealed the trial court’s decision to the U.S. Court of Appeals, which agreed with the trial court that he had violated military orders. Korematsu asked the Supreme Court of the United States to hear his case. On December 18, 1944, a divided Supreme Court ruled, in a 6-3 decision, that the detention was a “military necessity” not based on race. 

Reopening the Case

In 1983, a pro bono legal team with new evidence filed a “coram nobis” petition and re-opened the 40-year-old case in a federal district court on the basis of egregious government misconduct in falsifying the record on military necessity. The young lawyers, mostly Japanese Americans, showed that the government’s legal team had intentionally suppressed or destroyed evidence from government intelligence agencies reporting that Japanese Americans posed no military threat to the U.S. The official reports, including those from the FBI under J. Edgar Hoover, were not presented in court. On November 10, 1983, federal judge Marylyn Hall Patel overturned Korematsu’s conviction in the same San Francisco courthouse where he had been convicted as a young man.

The district court ruling cleared Korematsu’s name, but the Supreme Court decision still stood as discredited precedent, yet precedent nonetheless. In 1944, writing for the Supreme Court majority, Justice Hugo Black announced that “all legal restrictions which curtail the civil rights of a single racial group are immediately suspect” and subject to tests of "the most rigid scrutiny,” not all such restrictions are inherently unconstitutional. “Pressing public necessity,” he wrote, "may sometimes justify the existence of such restrictions; racial antagonism never can.”

In a strongly worded dissent, Justice Robert Jackson contended: "Korematsu ... has been convicted of an act not commonly thought a crime," he wrote. "It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived." The nation's wartime security concerns, he contended, were not wholly adequate to strip Korematsu and the other internees of their constitutionally protected civil rights.

Another dissenting Justice, Frank Murphy, called the government’s mass exclusion order “the legalization of racism” that violated the Equal Protection Clause of the Fourteenth Amendment. He compared the exclusion order to the “abhorrent and despicable treatment of minority groups by the dictatorial tyrannies which this nation is now pledged to destroy. He concluded that the exclusion order violated the Fourteenth Amendment by “fall[ing] into the ugly abyss of racism.”

Procedural History

Lower court.

U.S. District Court, Northern District of California

Lower court held: Korematsu was convicted of violating an exclusion order by the military.

Ninth Circuit Court of Appeals

Lower court held: Upheld the trial court’s decision. Conviction upheld.

140 F.2d 289 (9th Cir. 1944)

Supreme Court Ruling

Affirmed the lower courts. Conviction upheld.

• Supreme Court vote: 6-3
• Argued: October 11-12, 1944
• Decided: December 18, 1944

Majority opinion written by: Justice Black

Majority: Conviction affirmed. The Supreme Court ruled that the evacuation order violated by Korematsu was valid, and it was not necessary to address the constitutional racial discrimination issues in this case.

Concurring Opinion Written by: Justice Frankfurter

Concurrence: The constitutional issues should be addressed, but in evaluating them, it is clear that the “martial necessity arising from the danger of espionage and sabotage” warranted the military’s evacuation order. Conviction affirmed

Dissenting opinion written by: Justice Jackson

In a strongly worded dissent, Justice Robert Jackson contended: "Korematsu ... has been convicted of an act not commonly thought a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived." The nation's wartime security concerns, he contended, were not adequate to strip Korematsu and the other internees of their constitutionally protected civil rights.

Justice Jackson called the exclusion order “the legalization of racism” that violated the Equal Protection Clause of the Fourteenth Amendment. He compared the exclusion order to the “abhorrent and despicable treatment of minority groups by the dictatorial tyrannies which this nation is now pledged to destroy.  He concluded that the exclusion order violated the Fourteenth Amendment by “fall[ing] into the ugly abyss of racism.”

Was the military’s exclusion order justified?

The majority opinion ruled that the court should not address the entirety of the order under which Korematsu was convicted, which included provisions requiring citizens to report to assembly and relocation centers. The majority found it necessary only to rule on the validity of the specific provision under which Korematsu was convicted: the provision requiring him to leave the designated area.

Because the order applied only to people who were Japanese or of Japanese descent, it was subject to the “most rigid scrutiny.” The majority found that although the exclusion of citizens from their homes is generally an impermissible use of government authority, there is an exception where there is “grave [  ] imminent danger to the public safety” as long as there is a definition and close relationship between the government’s actions and the prevention against espionage and sabotage. The majority ruled that there was sufficient danger and a sufficient relationship between the order and the prevention of the danger to justify requiring Korematsu to evacuate.  The majority said the order was valid.

The dissenters disagreed.  They put forth their position that the order should have been considered as a whole, and the Court should have considered the other contemporaneous orders, all of which, when considered together resulted in the imprisonment of U.S. citizens in what were essentially concentration camps, based only on their race. 

DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on any pending case or legislation.

13.4 The Supreme Court

Learning objectives.

By the end of this section, you will be able to:

• Analyze the structure and important features of the Supreme Court
• Explain how the Supreme Court selects cases to hear
• Discuss the Supreme Court’s processes and procedures

The Supreme Court of the United States, sometimes abbreviated SCOTUS, is a one-of-a-kind institution. While a look at the Supreme Court typically focuses on the nine justices themselves, they represent only the top layer of an entire branch of government that includes many administrators, lawyers, and assistants who contribute to and help run the overall judicial system. The Court has its own set of rules for choosing cases, and it follows a unique set of procedures for hearing them. Its decisions not only affect the outcome of the individual case before the justices, but they also create lasting impacts on legal and constitutional interpretation for the future.

THE STRUCTURE OF THE SUPREME COURT

The original court in 1789 had six justices, but Congress set the number at nine in 1869, and it has remained there ever since. There is one chief justice , who is the lead or highest-ranking judge on the Court, and eight associate justice s . All nine serve lifetime terms, after successful nomination by the president and confirmation by the Senate. There was discussion of expanding the court during Franklin D. Roosevelt's presidency and also during the 2020 presidential election. Nothing has come of court expansion, however.

The current court is fairly diverse in terms of gender, religion (Christians and Jews), ethnicity, and ideology, as well as length of tenure. Some justices have served for three decades, whereas others were only recently appointed by President Trump. Figure 13.9 lists the names of the nine justices serving on the Court as of June 2021 along with their year of appointment and the president who nominated them.

Currently, there are six justices who are considered part of the Court’s more conservative wing—Chief Justice Roberts and Associate Justices Thomas , Alito , Gorsuch , Kavanaugh , and Barrett —while three are considered more liberal-leaning—Justices Breyer, Sotomayor , and Kagan ( Figure 13.10 ).

Link to Learning

While not formally connected with the public the way elected leaders are, the Supreme Court nonetheless offers visitors a great deal of information at its official website.

For unofficial summaries of recent Supreme Court cases or news about the Court, visit the Oyez website or SCOTUS blog.

In fact, none of the justices works completely in an ideological bubble. While their numerous opinions have revealed certain ideological tendencies, they still consider each case as it comes to them, and they don’t always rule in a consistently predictable or expected way. Furthermore, they don’t work exclusively on their own. Each justice has three or four law clerks, recent law school graduates who temporarily work for the justice, do research, help prepare the justice with background information, and assist with the writing of opinions. The law clerks’ work and recommendations influence whether the justices will choose to hear a case, as well as how they will rule. As the profile below reveals, the role of the clerks is as significant as it is varied.

Insider Perspective

Profile of a united states supreme court clerk.

A Supreme Court clerkship is one of the most sought-after legal positions, giving “thirty-six young lawyers each year a chance to leave their fingerprints all over constitutional law.” 47 A number of current and former justices were themselves clerks, including Chief Justice John Roberts, Justices Stephen Breyer and Elena Kagan, and former chief justice William Rehnquist.

Supreme Court clerks are often reluctant to share insider information about their experiences, but it is always fascinating and informative to hear about their jobs. Former clerk Philippa Scarlett , who worked for Justice Stephen Breyer, describes four main responsibilities: 48

Review the cases: Clerks participate in a “ cert. pool” (short for writ of certiorari , a request that the lower court send up its record of the case for review) and make recommendations about which cases the Court should choose to hear.

Prepare the justices for oral argument: Clerks analyze the filed briefs (short arguments explaining each party’s side of the case) and the law at issue in each case waiting to be heard.

Research and draft judicial opinions: Clerks do detailed research to assist justices in writing an opinion, whether it is the majority opinion or a dissenting or concurring opinion.

Help with emergencies: Clerks also assist the justices in deciding on emergency applications to the Court, many of which are applications by incarcerated people to stay their death sentences and are sometimes submitted within hours of a scheduled execution.

Explain the role of law clerks in the Supreme Court system. What is your opinion about the role they play and the justices’ reliance on them?

HOW THE SUPREME COURT SELECTS CASES

The Supreme Court begins its annual session on the first Monday in October and ends late the following June. Every year, there are literally thousands of people who would like to have their case heard before the Supreme Court, but the justices will select only a handful to be placed on the docket , which is the list of cases scheduled on the Court’s calendar. The Court typically accepts fewer than 2 percent of the as many as ten thousand cases it is asked to review every year. 49

Case names, written in italics, list the name of a petitioner versus a respondent, as in Roe v. Wade , for example. 50 For a case on appeal, you can tell which party lost at the lower level of court by looking at the case name: The party unhappy with the decision of the lower court is the one bringing the appeal and is thus the petitioner, or the first-named party in the case. For example, in Brown v. Board of Education (1954), Oliver Brown was one of the thirteen parents who brought suit against the Topeka public schools for discrimination based on racial segregation.

Most often, the petitioner is asking the Supreme Court to grant a writ of certiorari , a request that the lower court send up its record of the case for review. Once a writ of certiorari ( cert . for short) has been granted, the case is scheduled on the Court’s docket. The Supreme Court exercises discretion in the cases it chooses to hear, but four of the nine justices must vote to accept a case. This is called the Rule of Four .

For decisions about cert ., the Court’s Rule 10 (Considerations Governing Review on Writ of Certiorari ) takes precedence. 51 The Court is more likely to grant certiorari when there is a conflict on an issue between or among the lower courts. Examples of conflicts include (1) conflicting decisions among different courts of appeals on the same matter, (2) decisions by an appeals court or a state court conflicting with precedent, and (3) state court decisions that conflict with federal decisions. Occasionally, the Court will fast-track a case that has special urgency, such as Bush v. Gore in the wake of the 2000 election. 52

Past research indicated that the amount of interest-group activity surrounding a case before it is granted cert. has a significant impact on whether the Supreme Court puts the case on its agenda. The more activity, the more likely the case will be placed on the docket. 53 But more recent research broadens that perspective, suggesting that too much interest-group activity when the Court is considering a case for its docket may actually have diminishing impact and that external actors may have less influence on the work of the Court than they have had in the past. 54 Still, the Court takes into consideration external influences, not just from interest groups but also from the public, from media attention, and from a very key governmental actor—the solicitor general.

The solicitor general is the lawyer who represents the federal government before the Supreme Court: He or she decides which cases (in which the United States is a party) should be appealed from the lower courts and personally approves each one presented ( Figure 13.11 ). Most of the cases the solicitor general brings to the Court will be given a place on the docket. About two-thirds of all Supreme Court cases involve the federal government. 55

The solicitor general determines the position the government will take on a case. The attorneys of the office prepare and file the petitions and briefs, and the solicitor general (or an assistant) presents the oral arguments before the Court.

In other cases in which the United States is not the petitioner or the respondent, the solicitor general may choose to intervene or comment as a third party. Before a case is granted cert. , the justices will sometimes ask the solicitor general to comment on or file a brief in the case, indicating their potential interest in getting it on the docket. The solicitor general may also recommend that the justices decline to hear a case. Though research has shown that the solicitor general’s special influence on the Court is not unlimited, it remains quite significant. In particular, the Court does not always agree with the solicitor general, and “while justices are not lemmings who will unwittingly fall off legal cliffs for tortured solicitor general recommendations, they nevertheless often go along with them even when we least expect them to.” 56

Some have credited Donald B. Verrilli, the solicitor general under President Obama, with holding special sway over the five-justice majority ruling on same-sex marriage in June 2015. Indeed, his position that denying same-sex couples the right to marry would mean “thousands and thousands of people are going to live out their lives and go to their deaths without their states ever recognizing the equal dignity of their relationships” became a foundational point of the Court’s opinion, written by then-Justice Anthony Kennedy. 57 With such power over the Court, the solicitor general is sometimes referred to as “the tenth justice.”

SUPREME COURT PROCEDURES

Once a case has been placed on the docket, briefs , or short arguments explaining each party’s view of the case, must be submitted—first by the petitioner putting forth the case, then by the respondent. After initial briefs have been filed, both parties may file subsequent briefs in response to the first. Likewise, people and groups that are not party to the case but are interested in its outcome may file an amicus curiae (“friend of the court”) brief giving their opinion, analysis, and recommendations about how the Court should rule. Interest groups in particular can become heavily involved in trying to influence the judiciary by filing amicus briefs—both before and after a case has been granted cert . And, as noted earlier, if the United States is not party to a case, the solicitor general may file an amicus brief on the government’s behalf.

With briefs filed, the Court hears oral argument s in cases from October through April. The proceedings are quite ceremonial. When the Court is in session, the robed justices make a formal entrance into the courtroom to a standing audience and the sound of a banging gavel. The Court’s marshal presents them with a traditional chant: “The Honorable, the Chief Justice and the Associate Justices of the Supreme Court of the United States. Oyez! Oyez! Oyez! [Hear ye!] All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God save the United States and this Honorable Court!” 58 It has not gone unnoticed that the Court, which has defended the First Amendment’s religious protection and the traditional separation of church and state, opens its every public session with a mention of God.

During oral arguments, each side’s lawyers have thirty minutes to make their legal case, though the justices often interrupt the presentations with questions. The justices consider oral arguments not as a forum for a lawyer to restate the merits of the case as written in the briefs, but as an opportunity to get answers to any questions they may have. 59 When the United States is party to a case, the solicitor general (or one of the solicitor general's assistants) will argue the government’s position; even in other cases, the solicitor general may still be given time to express the government’s position on the dispute.

When oral arguments have been concluded, the justices have to decide the case, and they do so in conference , which is held in private twice a week when the Court is in session and once a week when it is not. The conference is also a time to discuss petitions for certiorari , but for those cases already heard, each justice may state their views on the case, ask questions, or raise concerns. The chief justice speaks first about a case, then each justice speaks in turn, in descending order of seniority, ending with the most recently appointed justice. 60 The judges take an initial vote in private before the official announcement of their decisions is made public.

Oral arguments are open to the public, but cameras are not allowed in the courtroom, so the only picture we get is one drawn by an artist’s hand, an illustration or rendering. Cameras seem to be everywhere today, especially to provide security in places such as schools, public buildings, and retail stores, so the lack of live coverage of Supreme Court proceedings may seem unusual or old-fashioned. Over the years, groups have called for the Court to let go of this tradition and open its operations to more “sunshine” and greater transparency. Nevertheless, the justices have resisted the pressure and remain neither filmed nor photographed during oral arguments. 61

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Lesson Plan: The Steps in a Supreme Court Case

How the Supreme Court Decides Which Cases to Hear

Supreme Court Justice Stephen Breyer talked about the process that the Supreme Court uses to select only a few court cases out of the millions of state and federal cases each year. He explained the appellate process and the criteria that justices use to determine if a case should be heard by the Supreme Court.

Description

This lesson has students view video clips of Supreme Court justices explain the process in which the Supreme Court decides which cases to hear, reads briefs, listens to oral arguments and eventually makes a decision and write opinions. The clips include perspectives from Associate Justices Stephen Breyer, Elena Kagan and Chief Justice John Roberts.

INTRODUCTION:

Before beginning the lesson, ensure that the student have an understanding of the following terms. These terms will be used throughout the video clips included in the lesson.

EXPLORATION:

Have the students view each video clip and follow along by answering the questions associated with each video.

VIDEO CLIP: Justice Breyer on How the Supreme Court Decides Which Cases to Hear (6:28)

• Explain the process that court cases go from their initial trial to when they are reviewed by the Supreme Court?
• What does Justice Breyer mean by cases having a "federal question?" Why is this one of the factors in selecting Supreme Court cases?
• Around how many cases are heard each year in the Supreme Court?
• How do justices and their clerks review all their potential cases?
• Explain the criteria that is used to decide which cases to hear.
• Explain the process at the conference in which the Supreme Court discusses and votes on which cases to hear.

VIDEO CLIP: Justice Breyer on Briefs and Oral Arguments (1:21)

• Explain the purpose of briefs. Who writes these briefs?
• What are oral arguments?

VIDEO CLIP: Chief Justice John Roberts on Oral Arguments (2:11)

• How are oral arguments structured?
• What is the purpose of the questions from the justices?
• How do oral arguments impact how justices view the case?

VIDEO CLIP: The Process of Deciding Supreme Court Cases (4:48)

• What is the first step in deciding Supreme Court cases?
• Explain how the conference works when deciding a Supreme Court case?
• How can debate and discussion amongst the justices impact the final decision in a Supreme Court case?
• Explain how the final decision is decided. How do they decide who writes the majority and dissenting opinions?
• How does the seniority of the justices play into the process of deciding a Supreme Court case?

VIDEO CLIP: Justice Stephen Breyer on Writing Supreme Court Opinion (1:27)

• What role do law clerks play in this process?
• How is the writing of Supreme Court opinions a collaborative process?

APPLICATION:

After viewing the video clips and answering the questions, have the students complete the chart on the Supreme Court handout . Students will summarize each step in the process and create a drawing representing this step.

• Supreme Court Handout

CONCLUSION:

Students will write a written response to the following prompt:

• Evaluate the process that the Supreme Court uses to decide cases. Is it an effective way to interpret laws?

EXTENSION ACTIVITIES:

Research a Supreme Court Case- Choose a Supreme Court cases that was decided on in the previous term. Research the case on the OYEZ website and provide the following:

• Background of the case
• Petitioner and Respondent
• Questions in the case
• Summary of the oral arguments
• How it was decided
• Summaries of the opinion(s)

Oral Arguments- Using the Supreme Court Oral Arguments lesson plan , listen to the oral arguments of one of the Supreme Court Cases on the list. Summarize the arguments that both sides make and determine how you would rule in this case.

Additional Prompts-

• Is the Supreme Court too slow in deciding cases? Explain your answer.
• Does the Supreme Court hear the appropriate amount of cases? Explain your answer.
• How would you improve the way that the Supreme Court processes and decides cases?

Additional Resources

• How the Supreme Court Works - Google Docs

This student-centered activity requires learners to identify and analyze the process of how the Supreme Court accepts, hears and rules on cases using digital media from C-SPAN

In this lesson students will examine both sides of a Supreme Court case and determine its significance to the U.S. Culminating activities may include a mock trial or moot court.

• Associate Justice
• Chief Justice
• Majority Opinion
• Oral Argument
• Oral Arguments
• Respondents
• Supreme Court

FREE AP Government Resources! 

1. marbury v. madison (1803), 2. mcculloch v. maryland (1819), 3. schenck v. u.s (1919), 4. brown v. board of education (1954), 5. baker v. carr (1962), 6. engel v. vitale (1962), 7. gideon v. wainwright (1963), 8. tinker v. des moines (1969), 9. new york times v. u.s (1969), 10. wisconsin v. yoder (1972), 11. roe v. wade (1973), 12. shaw v. reno (1993), 13. u.s. v. lopez (1995), 14. mcdonald v. chicago (2010), 15. citizens united v. fec (2010), final thoughts.

Published March 13, 2024

15 Supreme Court Cases You HAVE To Know For the AP Government Exam

High School Sophomore from West Virginia, Avid Classics Enthusiast, Marketing Intern and Blog Writer at Knowt :)

Preparing for your AP Government exam can be a daunting task, but with the right AP resources and study strategies, you can conquer it with confidence. Whether you're diving into AP test prep a few months in advance or looking for AP study guides to streamline your review sessions, understanding landmark Supreme Court cases is crucial. But don't worry, we're here to help! In this AP guide, we'll navigate through 15 Supreme Court cases crucial for your AP exam study guides. Each case discussed in this article has been carefully selected to enhance your understanding of U.S. history and government, making them indispensable for your AP test review.

To support your last-minute AP test prep, we've compiled essential AP resources and AP study notes. These tools are designed to help streamline your studying process, offering clear, concise, and relevant information that aligns with your AP test study guides.

The ULTIMATE AP Government Study Guide : A comprehensive review tool covering key topics and cases, perfect for anyone looking for effective AP study guides.

AP Government Flashcards : Handy for memorizing key facts, dates, and legal principles, these flashcards are an essential part of any AP resources kit.

Our Favorite YouTube channel for all things AP Gov - Heimler’s : complements online AP notes and AP study guides.

As you delve into each Supreme Court case, from Marbury v. Madison to Citizens United v. FEC, consider utilizing AP flashcards to remember crucial dates and outcomes. Engage with online AP notes to reinforce your understanding and participate in AP test review sessions to discuss these cases' implications. By incorporating these strategies into your AP test study guides, you'll be better prepared to tackle the AP government exam with confidence.

Remember, the key to AP test prep success is utilizing a variety of AP resources, including AP study guides, AP flashcards, and AP exam study guides. By doing so, you'll ensure a well-rounded review and a deeper understanding of the material. Good luck on your AP Government exam!

Marbury v. Madison (1803) is a foundational Supreme Court case establishing the concept of judicial review, which allows the Supreme Court to invalidate laws and government actions that conflict with the Constitution. For your AP Government exam, it's essential to know the year of the decision, the key figures involved (William Marbury, James Madison, Chief Justice John Marshall), and the principle of judicial review itself. Understand the background of the case, where Marbury was denied his commission as a justice of the peace and sought a remedy directly from the Supreme Court.

To effectively study this case, create a detailed timeline from the appointment of Marbury to the Supreme Court's decision. Make sure to understand the legal terms and the specific questions the court was answering. Focus on Chief Justice Marshall’s reasoning and how he established the court's role in interpreting the Constitution. Practice explaining the significance of the case in your own words to ensure you grasp its impact on the American legal system and the balance of power in the federal government. Engaging in discussions, using flashcards for key facts, and reviewing how this case has been applied in other contexts can deepen your understanding and help solidify this crucial piece of U.S. legal history for your exam.

McCulloch v. Maryland (1819) is a pivotal Supreme Court case that reinforced the powers of the federal government. It revolved around whether the state of Maryland had the authority to tax the Second Bank of the United States, leading to broader questions about the power of federal institutions and states' rights. For your AP Government exam, key points to remember include the year of the case, the main conflict (state versus federal power), and the outcome: the Supreme Court, under Chief Justice John Marshall, ruled that Congress had implied powers under the Necessary and Proper Clause of the Constitution, and states could not interfere with federal institutions, epitomized by the phrase "the power to tax involves the power to destroy."

To study for this case, break down the arguments presented by both sides and understand the legal reasoning behind the Court's decision. Make note cards with important terms and concepts, like "implied powers," "Necessary and Proper Clause," and "federal supremacy." Review how this case fits into the larger framework of federalism in U.S government. Discussing the case with classmates or in study groups can help you see different viewpoints and understand the broader implications of the ruling. Finally, look at how this case has been referenced in subsequent Supreme Court decisions to understand its lasting impact on American government and law.

Schenck v. United States (1919) is an important Supreme Court case for understanding the limits of free speech, particularly during wartime. In this case, Charles Schenck was convicted under the Espionage Act for distributing pamphlets that opposed the draft during World War I. The Supreme Court, led by Justice Oliver Wendell Holmes, upheld his conviction, introducing the famous "clear and present danger" test to determine when speech could be limited.

For your AP Government exam, focus on the year of the case, the context of World War I, the main parties involved (Charles Schenck and the United States), and the significant outcome concerning the First Amendment. Understand the rationale behind the decision, especially the concept of "clear and present danger" as a standard for limiting speech. This case illustrates the tension between civil liberties and national security, a recurring theme in U.S. government.

To study Schenck v. United States, outline the arguments presented by both sides and the Court's reasoning. Create flashcards with key terms and details, like the Espionage Act, "clear and present danger," and the impact of the ruling on First Amendment rights. Discuss the case with peers to explore different perspectives and its implications in various historical contexts. Review how this decision has been referenced or challenged in subsequent Supreme Court cases to understand its lasting influence. Engaging with the material in multiple formats will help solidify your understanding of this landmark case and its place in American legal and social history.

Brown v. Board of Education (1954) is a landmark Supreme Court case that declared racial segregation in public schools unconstitutional, overturning the "separate but equal" doctrine established by Plessy v. Ferguson in 1896. This case is crucial for your AP Government exam because it highlights the struggle for civil rights and the role of the judiciary in addressing social injustice. Key facts to remember include the year of the decision, the context of the Civil Rights Movement, the plaintiffs (Oliver Brown and others), and the unanimous decision led by Chief Justice Earl Warren that segregation in public schools creates a sense of inferiority among African-American children.

To study for this case, focus on the background of segregation in the United States, the legal arguments made by both sides, and the social and political implications of the Court's decision. Create a timeline that links Brown v. Board of Education with other civil rights milestones. Use flashcards to remember significant terms, names, and concepts associated with the case, such as "separate but equal," "Jim Crow laws," and "de jure segregation." Discuss the case in study groups to explore its impacts and the legal reasoning behind the Court's decision. Review how this case has influenced subsequent civil rights legislation and court decisions to understand its lasting legacy. Engaging with the material in various ways will help ensure a deeper understanding of this pivotal moment in American history for your exam.

Baker v. Carr (1962) is a landmark Supreme Court case that transformed the landscape of American politics by addressing the issue of electoral districting, often summarized by the phrase "one person, one vote." The case emerged from Tennessee, where Charles W. Baker filed a lawsuit arguing that the state's apportionment (the way voting districts were drawn) ignored significant population shifts, thus diluting the voting power of certain regions, particularly urban areas. The Supreme Court's decision, led by Chief Justice Earl Warren, ruled that federal courts could hear cases on state apportionment and that unequal representation violated the Fourteenth Amendment's Equal Protection Clause.

For your AP Government exam, important facts to remember about Baker v. Carr include the year of the decision (1962), the key legal question (whether federal courts can rule on state apportionment issues), and the major outcome (affirmation that federal courts can address legislative redistricting issues). This case set the stage for subsequent rulings that would further shape American electoral processes, emphasizing the importance of equal representation.

To study for this, start by understanding the background of the case and the legal arguments presented by both sides. Use diagrams to visualize how apportionment works and how it was being challenged. Make flashcards detailing the key figures, legal principles, and impacts of the ruling. Discuss the case's significance in relation to the civil rights movement and its effect on subsequent electoral reforms. Review how the "one person, one vote" principle has been applied and challenged in later cases. Engaging with the material in a variety of ways will help you grasp the enduring significance of Baker v. Carr in American political and legal history.

​​Engel v. Vitale (1962) is a critical Supreme Court case that examined the role of religion in public schools, ultimately reshaping the relationship between religion and government in the United States. The case arose when a public school in New York implemented a voluntary, non-denominational prayer at the start of each school day, leading to a lawsuit by a group of parents, including Steven Engel, arguing that this violated the Establishment Clause of the First Amendment, which prohibits the government from establishing an official religion.

For your AP Government exam, it's important to remember the year of the decision (1962), the main issue (prayer in public schools), and the outcome (the Supreme Court ruled that government-directed prayer in public schools, even if non-denominational and voluntary, violates the First Amendment). This case underscores the principle of the separation of church and state, a foundational concept in American government.

To effectively study Engel v. Vitale, outline the background and the arguments from both sides, focusing on how this case illustrates the application of the Establishment Clause. Create flashcards to memorize the key facts, terms, and impacts of the ruling. Review how this decision has influenced subsequent cases involving religion in public life. Discuss the case's implications with classmates to explore different perspectives and understand its significance in the broader context of civil liberties and government powers. Understanding Engel v. Vitale will help you grasp the complex interplay between religion and public policy in U.S. history.

Gideon v. Wainwright (1963) is a crucial Supreme Court case for understanding the rights of defendants in the American legal system. The case centers around Clarence Earl Gideon, who was charged with a felony in Florida. Gideon requested a court-appointed attorney, arguing that he could not afford one, but was denied based on state law which only provided attorneys for capital cases. After being convicted, Gideon appealed to the Supreme Court, which unanimously ruled that the Sixth Amendment's guarantee of counsel is a fundamental right essential to a fair trial and, as such, applies to state courts through the Fourteenth Amendment.

For your AP Government exam, remember the year of the decision (1963), the key constitutional question (whether the Sixth Amendment's right to counsel applies to state court defendants in felony cases), and the ruling's impact (extending the right to counsel to all criminal defendants in state courts). This case highlights the importance of due process and the rights of individuals within the American justice system.

To study Gideon v. Wainwright, outline the events leading up to Gideon's arrest and subsequent trial, focusing on the constitutional issues at stake. Create flashcards with key terms, such as "Sixth Amendment," "right to counsel," and "Fourteenth Amendment." Discuss the implications of the ruling on the American legal system and its significance in ensuring fair trials for all individuals, regardless of economic status. Review subsequent cases influenced by Gideon's precedent to understand its lasting impact. Engaging with the case from multiple angles will deepen your understanding and help you remember its significance for your exam.

Tinker v. Des Moines Independent Community School District (1969) is a significant Supreme Court case that established the standard for evaluating the freedom of speech in schools. The case originated when Mary Beth Tinker and her siblings wore black armbands to their public school as a form of protest against the Vietnam War. The school suspended them, leading to a lawsuit that argued the suspension violated their First Amendment rights. The Supreme Court ruled in favor of the Tinkers, stating that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

For your AP Government exam, it's important to remember the year of the case (1969), the main parties involved (the Tinker family and the Des Moines school), and the principle established that students have free speech rights in school settings, as long as their speech does not disrupt the educational process. This case underscores the balance between authority and individual rights and the application of the First Amendment in educational environments.

To study Tinker v. Des Moines, examine the background leading up to the case, including the social and political climate of the 1960s. Create flashcards that define key legal terms and details, such as "symbolic speech" and "material and substantial disruption." Discuss with peers or in study groups to explore different viewpoints and the broader implications of the case on student rights and school policies. Review how this case has been applied in subsequent legal disputes involving student speech to understand its continuing impact. Engaging with the material through various methods will help solidify your understanding of the case's significance in American legal and educational history.

New York Times v. United States (1971), commonly known as the "Pentagon Papers Case," is a crucial Supreme Court case for understanding the balance between national security and the freedom of the press. The controversy arose when the New York Times started publishing the Pentagon Papers, classified documents detailing U.S. strategy in the Vietnam War. The Nixon Administration argued that publishing these documents posed a security risk and sought to stop their publication. However, the Supreme Court ruled in favor of the newspapers, holding that the government had not met the heavy burden required to justify a prior restraint on speech under the First Amendment.

For your AP Government exam, key facts to remember about this case include the year (1971), the central conflict (freedom of the press versus government secrecy), and the outcome (a reaffirmation of the press's right to publish information significant to public interest without prior restraint). This case is pivotal for its role in shaping the modern understanding of the First Amendment and its protections for the press.

To study New York Times v. United States, start by understanding the context of the Vietnam War and why the Pentagon Papers were significant. Outline the arguments made by both sides in the case and the Supreme Court's reasoning. Make flashcards to remember the key legal terms and principles, such as "prior restraint" and "First Amendment." Discuss the case's implications for journalism and government transparency with classmates to explore different perspectives. Review how this decision has been applied and referenced in later freedom of the press cases to grasp its lasting impact. By approaching the case from multiple angles, you can gain a comprehensive understanding of its significance and be better prepared for your exam.

Wisconsin v. Yoder (1972) is a landmark Supreme Court case that addressed the balance between individual religious freedoms and state educational requirements. The case originated when three Amish families in Wisconsin were prosecuted under a state law requiring all children to attend public school until age 16. The families argued that this law conflicted with their religious beliefs and practices, which dictated that children should not attend school past the eighth grade. The Supreme Court ruled in favor of the Yoder family, stating that their First Amendment right to free exercise of religion outweighed the state's interest in mandating school attendance beyond the eighth grade.

For your AP Government exam, important points to remember include the year of the decision (1972), the central issue (the conflict between religious freedom and state laws on education), and the outcome (recognition of the Amish community's right to limit their children's schooling based on religious beliefs). This case highlights the importance of religious liberties and the limitations of state power in infringing upon these freedoms.

To study Wisconsin v. Yoder, focus on understanding the background of the Amish community and their reasons for opposing extended public schooling. Create flashcards with key legal terms and principles, such as "free exercise of religion," "compelling state interest," and "First Amendment." Analyze the court's reasoning and how it balanced the interests of religious freedom against the state's educational goals. Discuss the case with peers to explore different viewpoints and its broader implications on religious and educational rights. Review how this decision has influenced subsequent cases involving religious freedoms and state regulations. By exploring these various elements, you will develop a comprehensive understanding of Wisconsin v. Yoder and its significance in American legal history.

Roe v. Wade (1973) is a pivotal Supreme Court case that significantly impacted American society and law by addressing the issue of abortion rights. The case was brought by "Jane Roe" (a pseudonym for Norma McCorvey), who challenged Texas laws criminalizing most abortions, arguing that they were unconstitutional. The Supreme Court, in a 7-2 decision, ruled that the right to privacy under the Due Process Clause of the 14th Amendment extended to a woman's decision to have an abortion. However, the Court also held that this right must be balanced against the state's interests in regulating abortions: protecting women's health and protecting the potentiality of human life. The decision led to the establishment of the trimester framework, which set different levels of state interest for each stage of pregnancy.

For your AP Government exam, essential facts to remember include the year of the decision (1973), the constitutional basis for the ruling (the right to privacy under the 14th Amendment), and the outcome (the establishment of a woman's right to choose an abortion within the first trimester, with increasing state regulation possible in later stages of pregnancy). This case is crucial for understanding shifts in social policies, individual rights, and the role of the state.

To study Roe v. Wade, outline the legal arguments presented by both sides and the Supreme Court's reasoning. Create flashcards with key terms and concepts, such as "right to privacy," "Due Process Clause," and "trimester framework." Discuss the case's broader implications on American society, politics, and health care with classmates to explore different perspectives. Review how this decision has been challenged, reaffirmed, or modified in subsequent Supreme Court cases to understand its lasting impact, and how it has been overturned by Dobbs v. Jackson.

Shaw v. Reno (1993) is an essential Supreme Court case for understanding the complexities of racial gerrymandering and the interpretation of the Equal Protection Clause of the Fourteenth Amendment in the context of electoral districting. The case arose after the U.S. Department of Justice rejected North Carolina's initial congressional redistricting plan for failing to create a majority-black district. The state submitted a new plan creating two majority-black districts, but one of them was unusually shaped, leading white residents to challenge the plan as racially discriminatory.

For your AP Government exam, remember the year of the case (1993), the main issue (whether racial considerations in redistricting, leading to oddly shaped electoral districts, violate the Equal Protection Clause), and the outcome (the Supreme Court ruled that redistricting based primarily on race must be held to a standard of strict scrutiny under the Equal Protection Clause). This case underscored the tension between preventing racial discrimination and avoiding racial segregation in voting practices.

To study Shaw v. Reno, focus on the background and political context of the case, understanding the balance between enhancing minority representation and avoiding racial segregation. Make flashcards detailing key concepts such as "racial gerrymandering," "Equal Protection Clause," and "strict scrutiny." Discuss with classmates the implications of this ruling on redistricting and minority representation in Congress to explore different viewpoints. Review how this decision has influenced subsequent legal standards and cases related to redistricting and race. Engaging with the material through different methods, such as case summaries, scholarly articles, and class discussions, will deepen your understanding of Shaw v. Reno's significance in American legal and political history.

U.S. v. Lopez (1995) marks a significant moment in Supreme Court history, primarily because it was the first case in decades where the Court limited the power of the Congress under the Commerce Clause. The case began when Alfonso Lopez, a high school student, was charged under the Federal Gun-Free School Zones Act for carrying a concealed weapon into his Texas high school. Lopez argued that the federal law, which banned guns in school zones, exceeded Congress's authority under the Commerce Clause, which allows Congress to regulate interstate commerce.

For your AP Government exam, important details to remember include the year of the decision (1995), the central legal question (whether the Gun-Free School Zones Act of 1990 exceeded Congress's power under the Commerce Clause), and the outcome (the Supreme Court ruled in favor of Lopez, stating that carrying a gun in a school zone did not significantly affect interstate commerce and therefore was beyond the scope of Congress's power under the Commerce Clause). This case is critical for understanding the limits of federal power and the balance of authority between state and federal governments.

To study U.S. v. Lopez, start by understanding the background of the Commerce Clause and its previous interpretations by the Court. Create flashcards highlighting key legal terms and principles, such as "Commerce Clause," "federalism," and "Gun-Free School Zones Act." Discuss the implications of the ruling on federal regulatory powers and its impact on the balance between state and federal authority with classmates. Review how this decision has been referenced in subsequent cases to understand its lasting impact on federalism and congressional authority. Engaging with a variety of study materials and viewpoints will help you grasp the significance of U.S. v. Lopez and its place in American legal history.

McDonald v. Chicago (2010) is a pivotal Supreme Court case that marked a significant moment in the interpretation of the Second Amendment and the application of constitutional rights at the state level. The case arose after Otis McDonald, a resident of Chicago, challenged the city's stringent handgun ban, arguing that it violated his Second Amendment right to keep and bear arms for self-defense. This case followed the landmark District of Columbia v. Heller (2008) decision, which had recognized an individual's right to own firearms under the Second Amendment but applied only to federal enclaves.

For your AP Government exam, it's crucial to remember the year of the decision (2010), the main legal question (whether the Second Amendment right to keep and bear arms is incorporated by the Fourteenth Amendment's Due Process Clause, making it applicable to the states), and the outcome (the Supreme Court ruled that the Second Amendment does apply to the states, thereby extending the Heller decision's protections to include state and local governments). This case is vital for understanding the evolving interpretation of the Bill of Rights and the concept of "selective incorporation."

To study McDonald v. Chicago, focus on the legal background provided by the Heller decision and how McDonald sought to expand those rights to the state level. Make flashcards with key terms and concepts, such as "Second Amendment," "selective incorporation," and "Due Process Clause of the Fourteenth Amendment." Discuss the case's broader implications for gun control laws and individual rights with peers to explore different viewpoints. Review subsequent legal challenges and discussions surrounding gun rights and regulations to understand the decision's ongoing impact. By examining various resources and engaging in thoughtful discussion, you will deepen your understanding of McDonald v. Chicago's significance in American legal and social history/

Citizens United v. Federal Election Commission (2010) is a landmark Supreme Court case that significantly changed campaign finance laws in the United States. The case arose when Citizens United, a nonprofit corporation, was prevented from airing a film critical of Hillary Clinton close to the 2008 Democratic primaries due to the Bipartisan Campaign Reform Act (BCRA), which restricted "electioneering communications" by corporations and unions. Citizens United challenged these restrictions, arguing that they violated the First Amendment's free speech protections.

For your AP Government exam, essential facts to remember about this case include the year of the decision (2010), the main legal question (whether the BCRA's restrictions on corporate and union spending on electioneering communications violate the First Amendment), and the outcome (the Supreme Court ruled that corporations and unions can spend unlimited amounts of money on political campaigns, asserting that such spending is a form of protected speech under the First Amendment). This case is crucial for understanding the intersection of free speech, campaign finance, and political influence.

To study Citizens United v. FEC, start by understanding the background of campaign finance laws in the U.S. and how this decision changed them. Create flashcards with key terms and principles, such as "electioneering communications," "Bipartisan Campaign Reform Act," and "corporate speech." Discuss the implications of the ruling on political campaigns, electoral integrity, and public perception of democracy with classmates to explore different perspectives. Review how this decision has influenced subsequent elections and the creation of Super PACs to grasp its lasting impact. Engaging with the material through diverse methods and perspectives will help you better understand the significance of Citizens United v. FEC in American political and legal history.

As you gear up for your AP Government exam, remember that these 15 landmark Supreme Court cases are not just names and dates to memorize—they are the vibrant, living history of American democracy in action. Each case represents a pivotal moment in the ongoing journey toward justice, equality, and the balance of power. By studying these cases, you're not only preparing to ace your exam; you're gaining a deeper understanding of the principles that shape our nation and the rights we hold dear. So, take a deep breath, embrace the challenge, and dive into your studies with enthusiasm and curiosity. Remember, your effort now is not just for a grade—it's a step toward becoming an informed and engaged citizen. Good luck on your AP Government exam, and remember, we're rooting for you every step of the way!

Everything You Need to get a 5 on AP Precalculus

In this article, we'll dive into some of our nifty tricks and handy AP Precalculus exam tips to help you snag that coveted 5! I'll break it all down for you right here. With the right strategies, resources, and a bunch of AP Precalculus test tips, you'll totally have what it takes to nail that AP Precalculus exam. Free AP Precalculus Resources No need to panic if you're pulling a last-minute cram session for AP Precalculus – we've all been in that boat! If you're wondering how to study for the AP Precalculus exam with limited time, check out these AP Precalculus exam tips and resources put tog...

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Supreme Court Cases Quiz

Our free Supreme Court cases quiz will test your knowledge on 30 landmark Supreme Court cases. It is important for every government and politics student to be familiar with each of these important Supreme Court cases. These cases involve individual rights, criminal law, federalism, first amendment rights, and more. This Supreme Court quiz will help you review and memorize these important decisions.

Which Supreme Court case held that the Constitution does not provide a right to abortion?

Which Supreme Court case held that people of African descent who were brought to the U.S. and held as slaves (and their descendants) were not U.S. citizens and were not protected by the Constitution?

Which Supreme Court case held that abortion is a fundamental right under the United States Constitution?

Which Supreme Court case reaffirmed that obscene material is not protected by the First Amendment, and also redefined the Constitutional test for determining what constitutes obscene material?

Which Supreme Court case held that the First Amendment right to free speech doesn't protect speech that presents a “clear and present danger?”

Which Supreme Court case established that police must advise criminal suspects of their Constitutional rights before questioning them?

Which Supreme Court case upheld state laws requiring racial segregation at public facilities under the “separate but equal” doctrine?

Which Supreme Court case held that it is unconstitutional for state officials to write an official school prayer and to encourage students to recite it?

Which Supreme Court case held that the right to marry is guaranteed to same-sex couples?

Which Supreme Court case established the basis for the exercise of judicial review under Article III of the Constitution?

Which Supreme Court case held that religious duty is not a legitimate defense to a criminal indictment?

Which Supreme Court case invalidated a state law prohibiting the use of contraceptives on the grounds that the law violated the right to marital privacy?

Which Supreme Court case upheld the individual health insurance mandate included in the Affordable Care Act?

Which Supreme Court case established that the Constitution grants implied powers to Congress which can be used to implement the Constitution's express powers?

Which Supreme Court case established that evidence obtained through unreasonable searches and seizures, in violation of the Fourth Amendment, may not be used in state courts for state law criminal prosecutions?

Which Supreme Court case protects an individual’s right to possess a functioning handgun in their home?

Which Supreme Court case defined the First Amendment rights of public school students?

Which Supreme Court case struck down state funding for religious schools?

Which Supreme Court case held that the government cannot restrict independent political expenditures by corporations?

Which Supreme Court case held that state courts are required by the Fourteenth Amendment to provide counsel to defendants in criminal cases, extending this Sixth Amendment federal requirement to the states?

Which Supreme Court case held that the President cannot use executive privilege to withhold evidence that is relevant in a criminal trial?

Which Supreme Court case invalidated laws prohibiting interracial marriage?

Which Supreme Court case held that state laws establishing separate public schools for black and white students were unconstitutional?

Which Supreme Court case held that a search warrant is needed to track an automobile with a GPS tracking device?

Which Supreme Court case established that a public official suing for defamation must prove that the statement was made with “actual malice?”

Which Supreme Court case held that the Commerce Clause grants Congress the power to regulate any aspect of commerce that crosses state lines, including modes of transportation?

Which Supreme Court case held that the government, through the use of eminent domain, can claim and pass on privately owned land to another private owner if doing so results in economic development?

Which Supreme Court case prohibits race-based admission decisions to institutions of higher education?

Which Supreme Court case upheld the constitutionality of Executive Order 9066, which ordered Japanese Americans into internment camps during World War II?

Which Supreme Court case held that the act of burning a flag is protected “speech” under the First Amendment?

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