AP gov unit D scotus cases Flashcards
What was the background of hte case in Marbury v. Madison?
The President appoints judges during the lame duck period, confirmation letters were not delivered before leaving office. Judicial review is the constitutional principle at play here!:)
What was the ruling in Marbury v. Madison and why is it significant?
The Judiciary Act of 1789 ( a federal law) expanded the court’s power beyond constitutional limits, so it was unconstitutional. Therefore, the court was not allowed to issue writs of mandamus (which was supposed to get Marbury his commission by forcing Madison to mail it).
This led to the court’s ability to strike down and review laws (judicial review.)
what was the background of the case engel v. vitale?
New york state school board authorized the recitation of an optional nondenominational prayer
A parent sued because it allegedly violated the establishment clause of the first amendment.
What was the constitutional question and ruling at hand in Engel v. Vitale?
Constitutional question: does the implestate-sponsored prayer in schools violate the first amendment’s separation of church and state?
Ruling: The supreme court ruled that states cannot hold prayer in public school even if participation is not required and the prayer is not tied to a particular religion. The court held that it violated the establishment clause of the first amendment because the school was funded by the government.
what was the background of the case Schenk v. United states?
Schenk was arrested by the federal government for distributing leaflets opposing the WW1 draft under the espionage act of 1917, which fell under its jurisdiction as it was deemed as an attempt to incite anti-government sentiment.
what was the constitutional question and ruling in Schenk v. Vitale?
Constitutional question: can speech that threatens national security or the war effort to be protected under the first amendment?
Ruling: the supreme court ruled in favor of the US, concluding that the first amendment does not protect speech that violates the newly created clear and present danger test.
What was the background of hte case New York Times v. United States?
The New York Times published excerpts from a classified report from the Vietnam war, and the president attempted to prevent further publication, justifying it as a matter of national security.
((prior restraint)
what was the constitutional question and ruling in New York Times v. UNited States?
The Supreme court ruled in favor of New York.
Constitutional question: can the first amendment be violated by attempting to prohibit the publication of “classified information?”
Summarize all components of the case Tinker v. Des Moines?
First amendment, freedom of speech/ freedom of expression
Kids wanted to wear a politically charged armband to school, and got suspended
Constitutional question: should a protest on school property concerning a highly contentious issue be allowed?
The Supreme Court ruled that this case violated free speech and created the “substantial disruption test.”
Symbolic speech
What was the background of the case Mcdonald v. Chicago? In what court was it filed?
Several individuals who wanted to keep handguns in their home for self-defense were denied that right by Chicago’s strict firearm laws.
Filed in US district court
What was the constitutional question and ruling in Mcdonlad v. Chicago?
Constitutional question: does Chicago prohibiting guns to be in households for self defense violate the second amendment rights of people to bear arms?
Voted in favor of McDonald because the second amendment to the constitution was applied through selective incorporation to state and local governments through the equal protection clause of the 14th amendment.
What aws the background of the case Gideon v. Wainwright?
A man charged with a felony requested a court-appointed lawyer because he couldn’t afford one. He argued that his constitutional rights were violated.
What was the constitutional question and ruling in Gideon v. Wainwright?
Constitutional question: does the right to legal counsel outlined in the 6th amendment apply to those charged with felonies in state courts?
Ruling: the fourteenth amendment makes the right to legal representation for those who can’t afford their own (6th amendment) applicable to felony defendants in state courts
Selective incorporation of 6th amendment to state governments
What was the background of the case Roe v. Wade?
Jane Roe filed a lawsuit in protest of the Texas law stating that abortions were only permitted in life-saving cases. She claimed that the Texas laws banning abortion violated her constitutional right to privacy in the 14th amendment’s due process clause. It was filed in federal court.
What was the constitutional question and ruling in the case Roe v. Wade?
Constitutional question: does the constitution protect the right for a woman to terminate her pregnancy by getting an abortion?
Due process clause of the 14th amendment guarantees “privacy”
Ruling of the court: IN favor of Roe, rendering the Texas law banning abortion unconstitutional. Established the trimester framework, which divides pregnancy into three stages that each have different levels of state regulation.
