APUSH EXAM REVIEW GUIDE KEY SUPREME COURT DECISIONS (ORGANIZED THEMATICALLY) AND TREATIES Court Decisions Regarding Social/Civil Rights Policy Cherokee Nation v. Georgia (1831): the Cherokee Nation is a “denominated domestic dependent nation” over which the Supreme Court does not have original jurisdiction and therefore could not rule against the laws of Georgia Worcester v. Georgia (1832): Indian Territory is sovereign and cannot be controlled or administered by states and, thus, all U.S. relations with Native Americans must be handled as with a foreign nation Dredd Scott v. Sandford (1857): slaves are property and no government may deprive a person of its property; furthermore, slaves are not citizens and have none of the protections thereof The Civil Rights Cases (1883): discrimination and denial of equal protection is only a violation of the 14th Amendment when it is carried out by a government (federal, state, or local), but not when the acts are committed by private citizens or in private industry Plessy v. Ferguson (1896): segregation in public facilities (schools, bus stations, etc.) does not violate the 14th Amendment as long as facilities are “separate but equal” The Insular Cases (early 1900s): the Constitution does not “follow the flag”; in other words, constitutional rights do not apply to all non-citizens under American authority Schenck v. United States (1919): established the “clear and present danger” rule regarding freedom of speech Korematsu v. U.S. (1944): the military necessity of Executive Order 9066 to prevent espionage and protect the greater good outweighs Korematsu’s individual rights Brown v. Board of Education (1954): public school segregation is unconstitutional Gideon v. Wainright (1963): counsel must be provided to all criminal defendants, even those who cannot afford it Loving v. Virginia (1967): interracial marriage cannot be prohibited Brandenburg v. Ohio (1969): government cannot punish inflammatory speech unless it is direct to inciting a riot or imminent lawless action Roe v. Wade (1973): legalizes abortion Regents of the U.C. v. Bakke (1978): bars quota systems for college admissions, but upholds affirmative action programs giving equal access to minorities Court Decisions Regarding Governmental/Constitutional Theory Marbury v. Madison (1803): establishes judicial review Fletcher v. Peck (1810): first time a state law is declared unconstitutional McCulloch v. Maryland (1819): states may not interfere with the economic interests of the federal government; upheld constitutionality of the Bank of U.S.; set a precedent for the use of the Necessary and Proper (Elastic) Clause Gibbons v. Ogden (1824): affirmed federal control over interstate commerce Ex Parte Merryman (1861): only Congress may suspend habeas corpus, not the president Ex Parte Milligan (1866): the president can suspend habeas corpus, but civilians cannot be tried in military courts even during times of war provided the civilian court system is functioning Munn v. Illinois (1876): governments can regulate private businesses if it is in the public interest or they operate as a “common carrier” A.L.A. Schechter Poultry Corp. v. U.S. (1935): U.S. Supreme Court struck down NIRA as unconstitutional Youngstown Sheet and Tube Co. v. Sawyer (1952): the president does not have the authority to seize private industry even in a time of national crisis; Truman’s Executive Order was exercising “law making power” which is reserved to Congress Treaties, International Agreements, & Organizations Treaty of Alliance (1778) Treaty of Paris (1783) Jay’s Treaty (1795) Pinckney’s Treaty (1795) Treaty of Ghent (1815) British Cession (1818) Adams-Onís Treaty (1819) Treaty of 1846 (1846) Treaty of Guadalupe-Hidalgo (1848) Gadsden Purchase (1853) Treaty of Paris (1899) Hay-Bunau-Varilla Treaty (Panama Canal) Treaty (1903) Treaty of Portsmouth (1905) Gentleman’s Agreement (1907) Root-Takahira Agreement (1908) Treaty of Brest-Litovsk (1918) Treaty of Versailles (1919) Kellogg-Briand Peace Pact (1928) Atlantic Charter (1941) U.N. Charter (1945) NATO (1949) Treaty of San Francisco (1952) Geneva Accords (1953) SEATO (1954) CENTO (1955) ANZUS (1951) Limited Test Ban Treaty/Partial Test Ban Treaty/Nuclear Test Ban Treaty (1963) Gulf of Tonkin Resolution (1964) Nuclear Non-Proliferation Treaty (1968) SALT I (1971) ABM Treaty (1972) Paris Peace Accords (1973) Helsinki Accords (1975) Panama Canal Treaty (1977) Camp David Accords (1978) SALT II (1979) NAFTA (1993)