Required Cases Flashcards

1
Q

McCulloch v. Maryland

A

*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

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2
Q

United States v. Lopez

A

*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)

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3
Q

Marbury v. Madison

A

*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

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4
Q

Engel v. Vitale

A

*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

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5
Q

Wisconsin v. Yoder

A

*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

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6
Q

Tinker v. Des Moines

A

*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

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7
Q

New York Times Co. v. United States

A

*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

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8
Q

Schneck v. United States

A

*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 :(

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9
Q

Gideon v. Wainwright

A

*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

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10
Q

McDonald v. Chicago

A

*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

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11
Q

Brown v. Board of Education

A

*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.

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12
Q

Citizens United v. Federal Election Commission (2010)

A

*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 *

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13
Q

Baker v. Carr (literally so happy to be done with that last fucker)

A

*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

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14
Q

Shaw v. Reno

A

*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.

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