Required Cases for Ap Gov

Question 1

What is the background of McCulloch v Maryland

Answer 1

the Second Bank of the United States was chartered. Later in 1818, however, Maryland decided to pass a law that imposed taxes on the bank. James McCulloch, who served as a cashier at the Baltimore branch of the Second Bank, decided not to pay the tax. The state court had ruled that the Bank was unconstitutional, to begin with, and that the federal government did not have the authority to charter a bank

Question 2

What’s the Constitutional question in McCulloch v Maryland?

Answer 2

Did Congress have the implied power to create a bank? And secondly, could states tax a federal entity/bank?

Question 3

McCulloch v Maryland: Holdings and Constitutinal principal.

Answer 3

Necessary & Proper Clause, Supremacy Clause

Holdings: It was decided that through Congress’ implied powers, they had the ability to create a bank. Congress also concluded based on the Supremacy Clause that because the national laws were superior to state laws, the states were not allowed to tax the federal government.

Question 4

United States v Lopez Background?

Answer 4

Alfonzo Lopez was a Texas high school senior who took a concealed weapon inside his school. Federal charges were soon imposed because of his violation of the Gun-Free School Zones Act of 1990. The act stated that individuals could not possess firearms within school zones based on the premise of the Commerce Clause.

Question 5

Constitutional questions United States v Lopez?

Answer 5

Whether the Gun-Free School Zones Act of 1990 exceeded the power allowed by the Commerce clause.

Question 6

United States v Lopez: Holdings and Constitutinal principal.

Answer 6

Commerce Clause, 10th admendment

The law was considered unconstitutional since having a gun in the school zone did not substantially affect interstate commerce, which is a clear provision in the commerce clause. This case also reaffirmed the Tenth Amendment, which protects states’ rights. It was clear through this case that the commerce clause did not grant Congress limitless power.

Impact:this case “(introduced) a new phase of federalism that recognized the importance of state sovereignty and local control.”

Question 7

Engel v Vitale : background

Answer 7

The New York Board of Regents had authorized that at the beginning of each day, a short but voluntary prayer would be recited. Several organizations filed suit against the Board of Regents, claiming that the prayer violated the Constitution. The New York Court of Appeals dismissed their arguments.

Question 8

Engel v Vitale : Constitutional Issue/question

Answer 8

This case was significant and interesting because this prayer was both voluntary and non-denominational. However, the organizations filed suit based on a violation of the Establishment Clause of the Constitution, which states that a law could not be made “respecting an establishment of religion.”

Question 9

Engel v Vitale : Holdings and Constitutinal principal.

Answer 9

Establishment clause

The court held that states could not hold prayers in public school EVEN IF it was voluntary and EVEN IF the prayer did not adhere to a specific religion. Because the act of prayer was considered a religious activity, having it occur in a public school (which is funded by the government) would go against the establishment clause of the first amendment.

Question 10

Wisconsin v. Yoder (1972): Background

Answer 10

Jonas Yoder, as well as other Amish parents, refused to send their children to school after the 8th grade. In accordance with their religion, they did not agree with high school attendance. They were later charged under a Wisconsin law that required students to attend school until age 16.

Question 11

Wisconsin v. Yoder (1972): Constitutional Issue/question

Answer 11

By requiring Wisconsin parents to send their children to school, without a faith exception, did it violate the parents’ rights to freely exercise their religion?

Question 12

Wisconsin v. Yoder (1972): Holdings and Constitutinal principal.

Answer 12

Free exercise clause
the court held that the requirement to send children to school beyond the eighth grade was unconstitutional. It stated that an individual’s interest in the free exercise of religion was more powerful than a federal interest in sending children to school beyond the eighth grade.

Question 13

Tinker v. Des Moines(1969): Background

Answer 13

A group of students decided to wear black armbands in order to protest the Vietnam War. Mary Beth Tinker and Christopher Eckhardt decided that they would wear their armbands to school despite warnings from school administration. After wearing the armbands to school, they were sent home. The students decided to sue their school district for violating the freedom of expression.

Question 14

TINKER V DES MOINES Constitutional issue/question

Answer 14

1. Are the arm band symbolic speech
2. Did the school’s prohibition of the armbands violate the 1st amendment (freedom of speech)

Question 15

Tinker v Des Moines Holdings/Constitutional Principle

Answer 15

1. The armbands are a form of symbolic speech
2. Students can have freedom speech as long as it doesn’t substantially interfere with school

Question 16

New York Times v US Backgrounds

Answer 16

Nixon’s administration wanted to stop NY Times for posting released Pentagon papers to the public. The president argued for prior restraint as it was necessary to protect national security

Question 17

NY times v US Constitutional issue/ question

Answer 17

1.Did the Nixon administration’s efforts to prevent the publication of The NY Times classified information violate the 1st amendment.