Case Law

Question 1

Baker v Carr*

Answer 1

1962
Background: Tennessee reapportionment ignored population changes
Precedent: “one person one vote”
Ruling: both houses of congress must be apportioned by population
Reasoning: 14th’s = protection

Question 2

Barron v Baltimore

Answer 2

1833
Background: construction for city diverted water from harbor, hurt Barron’s profits
Ruling: can’t apply 5th amendment to states
Precedent: BoR didn’t restrict state governments
Reasoning: first 10 amendments did not mention restrictions on state governments

Question 3

Bostock v Clayton County

Answer 3

2020
Background: Clayton County fired Bostock for being gay
Ruling: firing employee for being lgbt violates Title VII of Civil Rights Act 1964
Precedent: can’t discriminate based on gender or sexuality
Reasoning: Protected by Title VII of Civil Rights Act of 1964

Question 4

Brandenburg v Ohio

Answer 4

1969
Background: kkk leader arrested for advocating violent political reform
Ruling: Ohio law violated Brandenburg’s freedom of speech
Precedent: speech can be prohibited if: inciting lawless action and if it is likely to produce such action, Brandenburg Test
Reasoning: 1st amendment

Question 5

Brown v Board*

Answer 5

1954
Background: blacks denied admittance to public schools bc of race
Ruling: separate but equal violates = protection of 14th amendment
Precedent: segregation unlawful, overturned plessy v ferguson
Reasoning: violates = protection clause of 14th amendment

Question 6

Buckley v Valeo

Answer 6

1976
Background: after watergate, Congress tried to limit amount someone could donate to a political candidate
Ruling: restrictions didn’t violate 1st amendment, limiting campaign expenditures violated 1st amendment
Precedent: gov limits on individual expenditures supporting political candidates unconstitutional
Reasoning: 1st amendment (freedom of speech)

Question 7

Bush v Gore

Answer 7

2000
Background: florida law required recount (by hand) of all votes due to close margin, bush asked for stay on decision
Ruling: florida’s recounting scheme was unconstitutional bc methods varied throughout the state
Precedent: limited ruling to the specific case
Reasoning: 14th’s = protection clause, can’t devalue ballot

Question 8

Citizens United v FEC*

Answer 8

2010
Background: FEC limited when ads mentioning candidates could be broadcast
Ruling: can’t limit corporate funding political broadcast during elections
Precedent: can’t restrict corporate funding for political candidates
Reasoning: 1st amendment freedom of speech

Question 9

City of Greece v Galloway

Answer 9

2014
Background: town of greece held prayer before town meetings, dominated by Christian clergy
Ruling: can hold prayer, doesn’t violate establishment clause, prayer doesn’t need to be non-sectarian
Precedent: can open gov meetings with prayer
Reasoning: doesn’t violate 1st amendment establishment clause bc doesn’t coerce public

Question 10

Colegrove v Green

Answer 10

1946
Background: Illinois hadn’t redistricted since 1901, population disparities between districts
Ruling: districts were constitutional because existing laws didn’t restrict population and compactness of districts
Precedent: political question, congress and states responsable for redistricting
Reasoning: nonjusticiable question

Question 11

DC v Heller

Answer 11

2008
Background:DC prohibited carrying unregistered firearm, must keep guns inoperable when not being used
Ruling: violated 2nd amendment
Precedent: individual right to bear arms not connected to militia clause
Reasoning: 2nd amendment, focus on 2nd clause (right to bear arms)

Question 12

Dobbs v Jackson

Answer 12

2022
Background: Mississippi law banned abortions after 15 weeks
Ruling: Constitution doesn’t give right to abortion, roe & casey overturned
Precedent: no constitutional right to abortion, is a state decision
Reasoning: abortion not listed in Constitution

Question 13

Dred Scott v Sanford

Answer 13

1957
Background: Dred Scott moved to free state with his master, sued for his freedom
Ruling: Dred Scott didn’t have standing, wasn’t a citizen
Precedent: Missouri Compromise unconstitutional, blacks can’t be citizens
Reasoning: 5th amendment’s due process clause means gov can’t free slaves

Question 14

Engel v Vitale

Answer 14

1962
Background: NY allowed optional prayer at the start of school
Ruling: states can’t hold prayer in public school
Precedent: violates establishment clause even if there is no coercion
Reasoning: 1st amendment’s establishment clause

Question 15

Furman v Georgia

Answer 15

1972
Background: Furman caught burglarizing home, tripped setting off gun, killing resident, sentenced to death
Ruling: death penalty cruel and unusual punishment in this case
Precedent: death penalty can’t be applied arbitrarily and inconsistently
Reasoning: 8th amendment

Question 16

Gideon v Wainwright

Answer 16

1963
Background: Gideon charged with breaking and entering, couldn’t afford lawyer
Ruling: 6th amendment right to lawyer/counsel applies to state courts
Precedent: all defendants have a right to a lawyer
Reasoning:6th amendment and 14th amendment’s due process (right to counsel)

Question 17

Gitlow v New York

Answer 17

1925
Background: Gitlow arrested for writing advocating violent action against the government
Ruling: New York law could limit Gitlow’s actions but incorporation principle allows BoR to be applied to the states
Precedent: started the process of of selective incorporation
Reasoning: 14th amendment prohibits states restricting free speech but Gitlow can still be prosecuted because he advocated for overthrowing the government

Question 18

Gomillion v Lightfoot

Answer 18

1960
Background: Alabama re-drew Tuskegee’s electoral boundaries to dilute the area’s black population
Ruling: can’t deny equal representation to african americans
Precedent: can’t deny blacks equal protection
Reasoning: 15th amendment (can’t deny right to vote)

Question 19

Gregg v Georgia

Answer 19

1976
Background: Gregg was guilty of armed robbery and sentenced to death
Ruling: The death penalty doesn’t violate the 8th and 14th amendments if it takes punishments for similar crimes and the severity of the crime are taken into account
Precedent: death penalty is constitutional
Reasoning: the punishment is accepted by most states and is only used for extreme crimes

Question 20

Griswold v Connecticut

Answer 20

1965
Background: Connecticut banned contraceptives, planned parenthood arrested for opening a clinic
Ruling: violates the right to privacy implied in several amendments (1st, 3rd, 4th, 5th)
Precedent: established right to privacy in a marriage
Reasoning: BoR prevents government intrusion into married relationship

Question 21

Heart of Atlanta Motel v US

Answer 21

1964
Background: an Atlanta Motel refused to accept blacks
Ruling: can’t discriminate, violates Civil Rights Act
Precedent: private businesses can be forced to follow Civil Rights Act
Reasoning: Commerce clause and Civil Rights Act 1964 because motel impacted interstate commerce

Question 22

Kennedy v Bremerton School District

Answer 22

2022
Background: football coach prayed with students during games
Ruling: coach could pray
Precedent: largely overturned Lemon test
Reasoning: free exercise clause and 1st amendment

Question 23

Korematsu v US

Answer 23

1944
Background: Korematsu arrested for no following concentration camp order.
Ruling: The relocation order was constitutional
Precedent: detention was a military, not racial descision
Reasoning: It did not violate the 5th amendment or show racial prejudice.

Question 24

Lawrence v US

Answer 24

2003
Background: Responding to a weapons report, Lawrence was found having consensual gay acts
Ruling: Texas law violated due process clause
Precedent: overturned part of DOMA
Reasoning: due process clause and privacy

Question 25

Lemon v Kurtzman

Answer 25

1971
Background: PA and RI payed for parts of religious private edu
Ruling: statutes violated the establishment clause
Precedent: Lemon Test (law must have secular purpose, can’t advance or inhibit religion, and not entangle gov and religion)
Reasoning: Lemon Test and establishment clause

Question 26

Mahanoy Area School District v BL

Answer 26

2021
Background: cheerleader suspended from the cheer team for making an inappropriate post outside of school
Ruling: BL’s suspension violated her 1st amendment rights
Precedent: off campus speech is largely the responsibility of parents
Reasoning: 1st amendment

Question 27

Mapp v Ohio

Answer 27

1961
Background: obscene materials found in Mapp’s house after illegal police search
Ruling: warrantless search/seizure violates 4th amendment
Precedent: can’t use illegally obtained evidence in court
Reasoning: illegally obtained evidence violates 4th amendment , applies to states through 14th amendment

Question 28

Marbury v Madison*

Answer 28

1803
Background: Jefferson ordered Madison to withhold Adam’s undelivered commissions
Ruling: refusal to deliver commissions was illegal, part of the Judiciary Act was unconstitutional and congress can’t pass unconstitutional laws
Precedent: established judicial review (declaring a law unconstitutional)
Reasoning: Article III (est judicial branch)

Question 29

McCulloch v Maryland

Answer 29

1819
Background: 2nd US bank established in Maryland which taxed the bank, the bank refused to pay the taxes
Ruling: the US could establish the bank and states can’t tax the federal government
Precedent: federal laws superior to state laws
Reasoning: necessary and proper clause

Question 30

McDonald v Chicago*

Answer 30

2010
Background: citizens challenged Chicago handgun ban
Ruling: 2nd amendment applicable to the states and local gov
Precedent: incorporated 2nd amendment
Reasoning: due process clause and 2nd amendment

Question 31

Miranda v Arizona

Answer 31

1966
Background: Miranda not informed of 5th amendment rights
Ruling: 5th amendment requires suspects to be informed of their rights (to silence and a lawyer)
Precedent: right against self-incrimination
Reasoning: 5th and 6th amendment

Question 32

Morse v Frederick

Answer 32

2007
Background: student suspended for sign promoting drug use
Ruling: schools can keep students from displaying pro-drug messages
Precedent: students in school speech rights limited
Reasoning: 1st amendment

Question 33

New Jersey v TLO

Answer 33

1985
Background: TLO searched for suspected cigarettes, found marijuana
Ruling: search was reasonable
Precedent: restrictions against search and seizure only partly apply to school officials
Reasoning: school need to maintain order/discipline, in loco parentis

Question 34

New York Times v US*

Answer 34

1971
Background: government tried to stop NYT from publishing classified documents about the Vietnam War
Ruling: NYT can publish papers
Precedent: established heavy presumption against prior restraint
Reasoning: 1st amendment

Question 35

NY State Rifle and pistol Association v Bruen

Answer 35

2022
Background: NY state required special need to receive license for concealed handguns outside the home
Ruling: NY law unconstitutional, must issue license on shall-issue basis
Precedent: states can’t restrict “right” to carry
Reasoning: 14th & 2nd amendment protect handgun carry

Question 36

Obergefell v Hodges

Answer 36

2015
Background: gay couples sued states over ban
Ruling: right to marry applies to same sex couples as well
Precedent: same sex marriage legal
Reasoning: due process clause

Question 37

Planned Parenthood v Casey

Answer 37

1992
Background: PA law required 24hr waiting period before abortion, needed spousal or parental consent
Ruling: upheld the requirements except spousal consent
Precedent: states can add restrictions to abortion
Reasoning: spousal consent part unconstitutional because created undue burden, states can have special interest to restrict pregnancy

Question 38

Plessy v Ferguson

Answer 38

1896
Background: Separate Car Act required separate railway cars for blacks and whites
Ruling: law was constitutional
Precedent: separate but equal
Reasoning: equal protection clause

Question 39

Regents of the University of California v Bakke

Answer 39

1976
Background: white Bakke rejected twice sued because excluded based on race
Ruling: can’t use quota system for affirmative action
Precedent: can’t use quotas but can consider diversity (since it is a state interest)
Reasoning: violated Civil Rights Act of 1964, didn’t violate equal protection

Question 40

Roe v Wade*

Answer 40

1973
Background: “Roe” challenged TX abortion ban
Ruling: can have abortion in 1st trimester
Precedent: abortion protected by right to privacy
Reasoning: due process clause and penumbra supporting right to privacy

Question 41

Schenck v US*

Answer 41

1919
Background: socialists gave out leaflets saying the WWI draft violated the 13th amendment (involuntary servitude), charged with violating Espionage Act
Ruling: Espionage Act didn’t violate 1st amendment because was wartime
Precedent: speech can be restricted if its a clear and present danger, gov has additional powers during wartime
Reasoning: wasn’t protected by the 1st because is advocated a crime (draft dodging) and led to clear and present danger

Question 42

Shaw v Reno*

Answer 42

1993
Background: NC redistricting plan rejected because it only had one black district, created unusual, gerrymandered district
Ruling: new district was unconstitutional
Precedent: race can’t be sole redistricting factor
Reasoning: equal protection clause

Question 43

Shelby County v Holder

Answer 43

2013
Background: Voting Rights Act of ‘65 section 5 keeps districts from changing election laws w/o approval, section 4(b) says districts eligible for section 5 had to have <50% turnout from ‘64 election and a voting test in place on November 1, 1964
Ruling: section 4 is unconstitutional
Precedent: can’t subject states to preclearance based on past discrimination
Reasoning: constraints from ’60s and ’70s don’t still apply today

Question 44

Texas v Johnson

Answer 44

1989
Background: Johnson burned the US flag, jailed and fined
Ruling: flag burning is protected speech
Precedent: extended 1st amendment protection
Reasoning: flag burning is protected by 1st amendment as it as symbolic speech

Question 45

Tinker v Des Moines Independent Community Schools*

Answer 45

1969
Background: students suspended for wearing armbands protesting Vietnam War
Ruling: armbands protected speech
Precedent: symbolic speech protected by 1st amendment
Reasoning: 1st amendment

Question 46

US v Lopez*

Answer 46

1995
Background: Lopez arrested for violating federal law (Gun-Free School Zones Act) by carrying a gun in school
Ruling: law is unconstitutional, exceeds commerce clause
Precedent: gun possession not an economic activity, court restricts Congress
Reasoning: guns don’t have significant effect on interstate commerce

Question 47

US v Nixon

Answer 47

1974
Background: Nixon claimed immunity to subpoena citing executive privilege
Ruling: president can’t withhold evidence
Precedent: president can’t shield himself from investigations
Reasoning: separation of powers

Question 48

West Virginia Board of Education v Barnette

Answer 48

1943
Background: required students to salute the flag during school
Ruling: don’t have to salute
Precedent: expanded 1st amendment protections
Reasoning: coercion does not create unity, 1st amendment

Question 49

West Virginia v EPA

Answer 49

2022
Background: Trump repealed Clean Power Plan, postponing its guidelines, coal company challenged epa’s power
Ruling: EPA didn’t have authority
Precedent: EPA can’t implement the Clean Power Plan
Reasoning: Congress didn’t give the EPA authority to set emissions caps,

Question 50

Wisconsin v Yoder*

Answer 50

1972
Background: Wisconsin law required schooling until 16 but Amish parents ended children’s public schooling at 8th grade
Ruling: law unconstitutional
Precedent: religious interests over school interest in education
Reasoning: free exercise clause