SCO Flashcards
Marbury v Madison
William Marbury was appointed as justice but didn’t receive his commission. Does Marbury have a right to his commission, and can he sue the federal government for it? Does the Supreme Court have the authority to order the delivery of the commission? Court was unable to grant it because the Judiciary Act of 1789 conflicted with Article 3 and therefore was null and void.
Schenck v US
Schenk was convicted of violating the Espionage Act. He had printed and mailed 1500 fliers to drage-age men arguing the draft. Did Schenck’s conviction under the Espionage Act for criticizing the draft violate his First Amendment free speech rights? Uanimous decision for United States.
Tinker v Des Moines
In Iowa, five students decided to show opposition to the Vietnam War by wearing two-inch-wide black armbands to school. Does a prohibition against the wearing of armbands in public school, as a form of symbolic speech, violate the students’ freedom of speech protections guaranteed by the First Amendment? 7-2 decision for Tinker.
Engel v Vitale
The New York school board forced every student to say a prayer every day at school. Does the recitation of a prayer in public schools violate the Establishment Clause of the First Amendment? 6-1 decision in favor of Engel
Wisconsin v Yoder
The state of Wisconsin convicted three members of Old Order Amish and Mennonite communities for violating the state’s compulsory education law, which requires attendance at school until the age of 16. Under what conditions does the state’s interest in promoting compulsory education override parents’ First Amendment right to free exercise of religion? Unanimous decision for Yoder.
Baker v Carr
Charles Baker believed that he and similar residents of more heavily populated legislative districts were being denied “equal protection of the laws” under the 14th Amendment because their votes were “devalued.” Do federal courts have the power to decide cases about the apportionment of population into state legislative districts? 6-2 deicison in favor of Baker
Shaw v Reno
In 1990, none of the state’s 11 members of Congress were black, while 20% of the state’s population was. Did the North Carolina residents claim that the 1990 redistricting plan discriminated on the basis of race raise a valid constitutional issue under the 14th Amendment’s Equal Protection Clause? 5-4 decision for Reno
US v Lopez
A 12th grade student, Alfonso Lopez Jr. was convicted of possessing a gun at a Texas school. Did Congress have the power to pass the Gun-Free School Zones Act? 5-4 in favor of Lopez
McCulloch v Maryland
Maryland attempted to close the Baltimore branch of the national bank by passing a law that forced all banks chartered outside of the state to pay a yearly tax. Did Congress have the authority under the Constitution to commission a national bank? If so, did the state of Maryland have the authority to tax a branch of the national bank operating within its borders? Unanimous deicison for McCulloch
Gideon v Wainwright
Gideon, who could not afford a lawyer, asked the Florida court to appoint one for him, arguing that the Sixth Amendment entitles everyone to a lawyer. The judge denied his request. Does the Sixth Amendment’s right to counsel in criminal cases extend to defendants in state courts, even in cases in which the death penalty is not at issue? Unanimous decision for Gideon
Brown v Board of Ed
Linda Brown tried to gain admission to the Sumner School, which was closer to her house, but her application was denied by the Board of Education of Topeka because of her race. The Sumner School was for white children only. Does segregation of public schools by race violate the Equal Protection Clause of the 14th Amendment? Unanimous decision for Brown
Roe v Wade
A pregnant woman in Texas known as Jane Roe wanted to terminate her pregnancy. Texas law made it a felony to abort a fetus unless for saving the life of the mother. Roe and her attorneys filed a lawsuit. Does the U.S. Constitution protect the right of a woman to obtain an abortion? 7-2 decision for Jane Roe
New York Times v US
New York Times received Pentagon Papers from Daniel Ellsberg, a former military analyst. Did the government’s efforts to prevent two newspapers from publishing classified information given to them by a government leaker violate the First Amendment protection of freedom of the press? 6-3 decision in favor of New York Times
McDonald v Chicago
In 1982, the city of Chicago adopted a handgun ban to combat crime and minimize handgun-related deaths and injuries. Does the Second Amendment right to keep and bear arms apply to state and local governments through the 14th Amendment and thus limit Chicago’s ability to regulate guns? 5-4 decision for Otis Mcdonald
Citizens United v FEC
Citizens United made a movie that made Hillary Clinton look bad. Does a law that limits the ability of corporations and labor unions to spend their own money to advocate the election or defeat of a candidate violates the First Amendment’s guarantee of free speech? 5-4 decision for Citizens United
