Required Cases Flashcards
McCulloch v. Maryland
*A branch of the BUS (honk honk) was opened in MAryland
*Maryland tried to tax bank –> Maryland ruled bank unconstitutional
Question:
Does congress have the authority to charter and/or tax a federal bank?
Ruling:
Can charter bank but canNOT tax it
United States v. Lopez
*Bc of Gun Free School Zones Act (1990)
*Idiot kid in Texas brings loaded gun into school - claimed he was going to sell it (Commerce Clause)
Question:
Did congress exceed its authority under the commerce clause in the passage of the Gun Free School Zones Act
Ruling:
Ruled in favor of kid (Lopez)
Marbury v. Madison
*Midnight Justices
*Judiciary Act 1801 –> last minute appointees - not all letters delivered before Madison
Question:
Do plaintiffs have the right to petition the court for their commissions / court have authority to order the delivery / overturn acts of congress?
Ruling:
In favor of Marbury –> gave the commission –> Judicial Review
Engel v. Vitale
*Prayer said at the beginning of the day in school (mandatory)
*Parents got mad and petitioned court
Question:
voluntary, daily prayer organized by school a violation of the establishment clause?
Ruling:
Unconstitutional
Wisconsin v. Yoder
*Against amish religion to go to school
*Free Exercise Clause (1st) by the 14th
Question:
Requiring school attendance until 16 regardless of religion violate the 1st amendment?
Ruling:
In favor of Yoder not going to school
Tinker v. Des Moines
*Black arm bands in protest of Vietnam war
*Students suspended and forced to remove bands
Question:
Do the 1st/14th amendments permit prohibiting students from wearing political symbols –> non disruptive
Ruling:
In favor of Tinker –> Arm bands chill
New York Times Co. v. United States
*Pentagon Papers “leaked” by news paper
*Nixon obtained orders to stop their publication
Question:
Is prior restraint constitutional when publishing classified documents / violation of 1st amendment if stopped?
Ruling:
In favor of new york times, prior restraint in this case unconstitutional
Schneck v. United States
*Espionage Act (1917) forbids undermining war effort
*Schenck released papers saying draft violated the 13th Amendment
– prohibition of involuntary servitude
Question:
Did conviction under the espionage Act violate the 1st Amendment freedom of speech?
Ruling:
In favor of U.S :(
Gideon v. Wainwright
*Tried in Florida w/o attorney
*6th and 14th amendment
Question:
Does the 6th amendment extend to state courts?
Ruling:
Obviously yes; right to fair trial as well
McDonald v. Chicago
*Chicago law effectively banned hand guns
*Couple ppl were being threatened and wanted protection
Question:
Does the ban violate the second amendment bc of due process clause (14th)
Ruling:
In favor of McDonald (handgun ppl) –> selectively incorporates 2nd amendment into state / local gov
Brown v. Board of Education
*challenged legally segregated schools
*Dude just wanted his daughter to go to school closer to home
Question:
Does segregation violate the 14th amendment?
i.e : Is separate but equal actually equal?
Ruling:
It does violate 14.
i.e : Separate is inherently unequal.
Citizens United v. Federal Election Commission (2010)
*Federal Election Campaign Act (FECA) and Bipartisan Campaign Reform Act (BCRA) established
*Citizens united made a movie about why u shouldn’t vote for Hillary [Plot twist: it was called Hillary – very creative bubs]
*wanted to play the movie in ads and theaters within 30 days of Election Day
*important: funded by corp
*BCRA said no cuz too close to election
Question:
Does restricting this movie violate the 1st amendment / are BCRA’s requirements constitutional
Ruling:
BCRA thing = unconstitutional
Ruled in favor of Citizens United
*created superPACs to justify corporate spending - unlimited *
Baker v. Carr (literally so happy to be done with that last fucker)
*Charles Baker was mad cuz his vote was “diluted” due to the big population of his district
*Tennessee argued it was too political for courts
Question:
Does court have jurisdiction here?
Ruling:
Yes; redistricting via disproportionate population is unconstitutional
Shaw v. Reno
*N. Carolina + 1 more congressional district via 1990 census
*Argued twas racial gerrymandering
Question:
does the minority-majority district (very skinny weird proportion dude) violate 14th?
Ruling:
Does not violate 14th amendment
But! sates that race cannot be the main reason for redistricting.