required documents and cases

Question 1

mcculoch v. Maryland (1819)

Answer 1

bank under the necessary and proper clause, did the federal government have the implied powers and supremacy (*clause) to do so? MD - questioned legality of national bank and imposed tax

9-0 in favor of McCulloch (national gov.), necessary and proper clause DOES create implied powers, upheld federal supremacy

Question 2

U.S. v. Lopez

Answer 2

does Congress have the right to impose gun control under the commerce clause? GFSZA federal law, guns within school area

Congress does not have the power to regulate gun carrying under economic activity

Question 3

marbury v. madison (1803)

Answer 3

write of mandamus, power of the court and constitutional supremacy, judiciary act of 1789 gave court the power to force commissions if not on time

judiciary act ruled as UNCONSTITUTIONAL - judicial review

Question 4

citizens united v. federal election commission (2010)

Answer 4

does the BRCA violate free speech for corporations? anti-hillary movie, propaganda, time periods for the election being aired

free speech VIOLATED, super PACs, corporations are people to

Question 5

Baker v. carr (1962)

Answer 5

does the supreme court have the jurisdiction over questions of Congressional redistricting? Baker sued TN redistricting, ignored growth of districts

legislative appointment IS can be ruled on by courts, judicial review can be used on these questions

Question 6

shaw v. reno (1993)

Answer 6

does a redistricting plan based on race violate the equal protection clause of the 14th amendment? southern states gerrymandering, better minority rep.

5-4 in favor of shaw, racial gerrymandering IS a violation of the 14th amendment

Question 7

fed. 70 (1778)

Answer 7

executive branch, energy in the executive, unitary, federalist ideals (Hamilton)

Question 8

fed. 78

Answer 8

(Hamilton) defends the structure of the judiciary branch, interpreting the constitution without bias or influence, not overly powerful

Question 9

letter from Birmingham jail

Answer 9

MLK’s letter, disappointment in the white moderate, responding to white ministers, helped white Americans more broadly understand life for black people under Jim crow

Question 10

Engel v. Vitale (1962)

Answer 10

does prayer in public schools violate the establishment clause? religious freedom, daily prayer

6-1 in favor of Vitale, publicc school use of prayer IS violating the establishment clause

Question 11

Wisconsin v. Yoder (1972)

Answer 11

did compulsory school attendance laws violate the free exercise clause for Amish families? Amish withdraw children from school at 13

7-0 in favor of the free exercise clause in the 14th amendment, compelling state interest

Question 12

tinker v. des Moines independent community school district (1969)

Answer 12

does prohibition of symbolic speech in schools violate the first amendment of free speech for students? Vietnam war arm bands, sent home

7-2 in favor of Tinker, arm bands ARE symbolic speech, did not cause any disruption

Question 13

schenck v. united States (1919)

Answer 13

limits of free speech? socialist during anti-war civil disobedience, passed out pamphlets, arrested under Espionage Act (war time)

Speech that presents a clear and present danger is NOT protected by the 1st amendment

Question 14

NYT v. U.S. (1971)

Answer 14

Did government’s pursuit of prior restraint violate the freedom of the press? pentagon papers leaked, sued for national security concerns

6-3 in favor of NYT, constitution’s freedom of the press IS absolute

Question 15

mcDonald v. chicago (2010)

Answer 15

does the 2nd amendment, through the 14th amendment, apply to states? gun restrictions in Chicago viewed as too restrictive, violations of amendments

5-4 in favor of McDonald, 2nd DOES apply to states and local governments, self defense is crucial, states cannot create unduly restricted firearm legislation

Question 16

Gideon v. wainwright (1963)

Answer 16

6th amendment right to counsel extend to all criminal cases? accused of breaking and entering, could not afford a lawyer, state did not appoint him one

9-0 in favor of Gideon, right to counsel in all felony cases IS a fundamental right to a free trial

Question 17

roe v. wade (1973)

Answer 17

now overturned - does the constitution guarantee personal privacy?

7-2, right to abortion IS implicit to privacy and IS protected under the 9th amendment by the constitution

Question 18

brown v. board of education (1954)

Answer 18

does segregation of public schools by race violate the equal protection clause of the 14th amendment?

ruled in favor of brown, abolished separate but equal standards, pushed for FAST haste with laws changing, led to little rock 9