Required Court Cases

Question 1

What 2 cases relate to federalism?

Answer 1

• McCulloch v. Maryland
• United States v. Lopez

Question 2

Constitutional concepts of McCulloch v. Maryland

Answer 2

• Necessary + proper clause
• Supremacy clause

Question 3

Facts of McCulloch v. Maryland

Answer 3

In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. The state appeals court held that the Second Bank was unconstitutional because the Constitution did not provide a textual commitment for the federal government to charter a bank.

Question 4

Holding of McCulloch v. Maryland

Answer 4

States may not impose a tax on the national bank because of the Supremacy Clause.
The necessary and proper clause allows the government to test institutions

Question 5

Constitutional concepts of US v. Lopez

Answer 5

• Commerce clause
• 10th amendment

Question 6

Facts of US v. Lopez

Answer 6

A high school student carried a concealed weapon to school. They were charged with firearm possession on school premises because it was a violation of the Gun-Free School Act

Question 7

Holding of US v. Lopez

Answer 7

The law was considered unconstitutional because having a gun near school didn’t affect interstate commerce. This reaffirmed the 10th amendment which protects states’ rights
Caused devolution- giving power back to the states

Question 8

Constitutional concepts of Engle v. Vitale

Answer 8

• First amendment
• Establishment clause

Question 9

Facts of Engel v. Vitale

Answer 9

State officials required that a prayer be recited by public school children. A group of organizations challenged the prayer because it violated the establishment clause of the first amendment.

Question 10

Holding of Engel v. Vitale

Answer 10

The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion because it violates the establishment clause of the first amendment.

Question 11

Constitutional concepts of Wisconsin v. Yoder

Answer 11

• First amendment: freedom of religion
• Free exercise clause

Question 12

Facts of Wisconsin v. Yoder

Answer 12

Amish students need to stay home after finishing the 8th grade, but the state claimed education prevented students from being a drain on society.

Question 13

Holding of Wisconsin v. Yoder

Answer 13

The Court held that individual’s interests in the free exercise of religion under the First Amendment outweighed the State’s interests in compelling school attendance beyond the eighth grade

Question 14

Constitutional concepts of Tinker v. Des Moines

Answer 14

• First amendment: freedom of speech

Question 15

Facts of Tinker v. Des Moines

Answer 15

Students wore armbands to school to protest American involvement in the Vietnam war and the school suspended them.

Question 16

Holding of Tinker v. Des Moines

Answer 16

The school limited the students’ freedom of speech and the armbands didn’t interfere with the educational process or the other students’ rights. Students did not lose their first amendment rights when they stepped onto the school’s property.

Question 17

Constitutional concepts of New York Times v. United States

Answer 17

• First amendment: freedom of the press

Question 18

Facts of New York Times v. US

Answer 18

The Nixon Administration attempted to prevent the NYT and Washington Post from publishing materials belonging to a classified Defense Department study regarding the US activities in the Vietnam War. The president argued that prior restraint was necessary to protect national security.

Question 19

Holding of