AP US Government Free Response: SCOTUS Comparison Example

Free AP US Government Tests

AP US Government Free Response: SCOTUS Comparison Example 3

After answering the AP Government SCOTUS Comparison FRQ, you can evaluate this sample response, which would receive a perfect score:

Sample Student Response

(A) The First Amendment clause that is common to both McCutcheon v. Federal Election Committee (2014) and Citizens United v. Federal Election Committee (2014) is freedom of speech.

(B) In McCutcheon v. FEC, the Court agreed with a donor that imposing aggregate limitations on political contributions in a campaign violated the freedom of speech clause. Similarly, the Court ruled in Citizens United v. FEC that the government may not limit a corporation or a union from making electioneering communications before an election that expressly advocate for a candidate or the defeat of a candidate.

Both cases involved people or groups who challenged campaign finance restrictions and were able to have the Court rule that restrictions on campaign donations to political candidates violate their freedom of speech.

(C) Since the Supreme Court’s ruling in McCutcheon prevented the government from limiting aggregate contributions to political candidates, it allows for individuals to get more involved in political campaigns by making financial contributions and therefore advances participatory democracy. 

You can use the detailed scoring guidelines below to review your answer to this free response question:

Question 3: SCOTUS Comparison 4 Points

(A) Identify the clause in the First Amendment that is common to both McCutcheon v. Federal Election Committee (2014) and Citizens United v. Federal Election Committee (2014).

Acceptable identifications include:

  • Freedom of speech 
 1 Point

(B) Explain how the facts in  McCutcheon v. Federal Election Committee and Citizens United v. Federal Election Committee led to similar holdings.

Acceptable responses include:

One point for describing relevant information (facts or holding) about the required Supreme Court case

  • Citizens United v. FEC ruled that corporations may not be banned from engaging in independent expenditures or  banned from making electioneering communications. 
  • Citizens United v. FEC was a case where a nonprofit corporation challenged a federal law banning corporations or labor unions from making electioneering communications that expressly advocate the election or defeat of a candidate close to a primary or general election. 

Two points for correctly explaining how the ruling in both Supreme Court cases were similar

  • Both cases involved people challenging a law that restricted their ability to make unlimited contributions before an election. The Supreme Court held in both cases that the government may not limit spending a large sum of money on a candidate as long as it does not lead to corruption. 
 2 points 

(C) Explain how the decision of McCutcheon v. FEC could lead to an increase in participatory democracy.

Acceptable explanations include the following:

  • Since the Supreme Court ruling in McCutcheon v. FEC allowed individuals to contribute more money to candidates, this would enable citizens to get more involved in political campaigns by exercising their free speech rights and therefore be more engaged in a political campaign.  
 1 Point 

Next: FRQ Example 4

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