Ap exam court cases Flashcards
McCulloch v Maryland
There was a right to make a national bank, and they couldn’t be taxed because of it.
The question was if the federal government had the right to establish a national bank (they did) and that maryland didn’t have the power to tax it because that intervered with it’s bussiness which fedearl government had the supremecy law.
Supremcy clause and an impiled power (tax and spend)
us v lopez
Gun being brought to school was unconstitutional. Congress doesn’t have to have the power to make law about the guns. weakens federal government power.
Engel v vitale
Students said a prayer in New York schools but it violated the 1st amendment under the establishment clause.
Created the precedent for sepreation of church and state.
Wisconsion v Yoder
The Amish wanted to pull their children out at 14 when state law said mandatory till 16, they stated it violated free exercise law.
Tinker v Des Moines
Students were banned from wearing arms bans but the students wore them anyway and got expended and the court rules 7- 2 that tinker has the right to 1st amendmentfreedom of speech.
The schools need to be able to prove that clothing will be a disturbance
New york times v us
Ellsberg leaks files to new York the us sued them under the espionage act, NYT won and said freedom of press is absolute. This is example of prior restraint.
Schenck v us
Schenck was a secretary for the socialist party and told people not to join the draft and violated the espionage act. The us won and said congress has more power during war time, there was present danger which limited the 1st amendement.
Clearand present danger must be present, stop thr draft is dangering us.
Gideon v Wainwright
Wasn’t provided a lawyer by Florida, studied law then appeals and SC said he should’ve gotten a lawyer. Selective incorporation of 6th amendment.
B4 said that only federal cases and death pentaly cases got a lawyer,
wasarrested for being accused of stealing.
Mcdonald v Chicago
Said he couldn’t have a gun but the 2nd amendment should apply tot he states.
selective incorporation.
Brown v Board of Education
Citizens united vs the FEC
A movie about Hillary Clinton and wanted to advertise for their DVD within 30 days of the primary which was bipartisan something… Money is free speech which can’t be limited it made it so people can donate how much they want. The impact is it led to the creation of superPACs but they cant coordinate with the candidate.
Baker v Carr
His vote matters the same as people living in cities with much other people which he didn’t like. He stated it wasn’t equal protection. Ruled for baker, district need to be closed to equal in population (redistricting) .
Shaw v Reno
Gerrymandering case of a district trying to make it so a district couldn’t be made to highlight minority. (majority-minority).
Marbury v Madison
A justice didn’t receive his commission before the president left, john marshal never delivered it. The supreme court struck that they didn’t have the power to order the commission which got rid of ramus danus. First case where a law was struck down.
