Supreme Court Cases

Question 1

Marbury v. Madison

Answer 1

Q: -Is the judiciary act of 1789 Unconstitutional?
A: Yes
-For the first time the Supreme court use judicial review and shut down a law from Congress because it is unconstitutional
CLAUSE: Judicial Power clause

Question 2

McCulloch v. Maryland

Answer 2

Q1: Does the government have the power to create a national bank?
A1: Yes
-The government can create a bank because of the necessary and proper clause, congress has the authority to carry out its enumerated/ implied powers.

Q2:Can Maryland tax the bank?
A2: No
-Maryland can not tax the national back in Baltimore because of the supremacy clause, the federal government/ constitution is supreme to the state government/ constitution
CLAUSES: necessary and proper/ elastic clause & supremacy clause

Question 3

US v. Lopez

Answer 3

Q: Does Congress have the power to regulate guns at school?
A: No
- A student bringing a gun to school is not close enough to commerce, so the punishment for bringing a gun into a school zone is not up to Congress, but the States decide.
CLAUSE: commerce clause

Question 4

Baker v. Carr

Answer 4

(Tennesse hadn’t redistricted in over 10 years)
Q: Whether or not federal courts can rule on this because it was a state legislature issue (is it justifiable)
A: Yes
-Courts are able to rule on this issue because it is a voting rights issue, so it is a constitutional issue, not political
-lead to the principle of one person one vote, (was not decided in this case)
- and lead to cases that banned malapportionment
CLAUSE: equal protection clause

Question 5

Shaw v. Reno

Answer 5

Q: Does racial gerrymandering violate the equal protection clause?
A: Yes
-It does when it is only based on race.
Drawing district based only on race, even if it’s to give the minority more power is unconstitutional
CLAUSE: equal protection

Question 6

Citizens United v. FEC

Answer 6

Q1: Do corporations have freedom of speech?
A1: Yes
-because of the association with the people
Q2: Does BCRA’s limits to ads limit freedom of speech?
A2: Yes
- made super PACS, did not strike down all of BCRA
CLAUSE: freedom of speech

Question 7

Schneck v. US

Answer 7

• War pamphlets
  Q: Does arresting Schenck for distributing these pamphlets violate his freedom of speech?
  A: No
  -Does not violate his freedom of speech because it can cause a
  “clear and present danger” (no longer the standard, overruled)
• Congress and the government can the “time palace and manner” of speech (still the precedent)
  (matters that it was during a time of war)
  CLAUSE: freedom of speech

Question 8

Tinker v. Des Moines

Answer 8

Armbands/ political/ symbolic speech
Q(s): -Do students have freedom of speech at school?
(only public schools)
-Did suspending the kids violate their freedom of speech
A: Yes
-unless it interferes with the discipline or interaction of the school (if it causes a substantial disruption it the school and the school’s mission.)
CLAUSE: freedom of speech

Question 9

New York Times Co v. US

Answer 9

publishing Pentagon papers in NY Times
Q: Did imposing prior restraint on the New York Times violate their freedom of the press?
A: Yes
-Government can only exercise prior restraint in very specific circumstances:
when the release of the information would lead to immediate irreversible harm
CLAUSE: freedom of press

Question 10

Engel v. Vitale

Answer 10

Prayer in school
Q: Does having this prayer be said every day violate the establishment clause?
A: Yes
-Prayer in school led by the school is unconstitutional
Violated the establishment clause
Not really voluntary
It said “all mighty god”
CLAUSE: establishment clasue

Question 11

Wisconsin v. Yoder

Answer 11

Amish kids quitting school after 8th grade
Q: Does forcing the Amish kids to stay in school until their 16 violate their free exercise?
A: Yes
-There is no real compelling interest in sending a kid back to school for only 2 years
-Provided evidence of true belief
CLAUSE: free exercise clause

Question 12

Gideon v. Wainwright

Answer 12

too poor for a lawyer
Q: Does the state of Florida denying Gideon a lawyer violate the 6th amendment and his right to a lawyer?
A: Yes
-Not having a lawyer in a criminal case violates due process/ fair trials/ right to a lawyer

Exceptions:
Only in criminal cases
Only if they can’t afford one (decided based on income)

CLAUSE: due process (14th) & 6th amendment right to a lawyer

Question 13

McDonald v. Chicago

Answer 13

D.C got rid of handgun ban, but Chicago still had it
Q: Does the 2nd amendment apply to the states because of the due process clause?
A: Yes

CLAUSE: due process (14th) & 2nd amendment right to bear arms

Question 14

Brown v. Board of Education

Answer 14

Wanted to de-segregate schools
Q: Does segregating schools by race and the past ruling “separate but equal” violate the 14th amendments equal protection clause?
A: Yes
They said that separating schools by race would have a long-lasting effect of superiority and inferiority that would affect the student’s minds.
“Separate is inherently unequal”
-Overturned Plessy v. Ferguson
CLAUSE: equal protection clause