Supreme Court Cases

Question 1

McCulloch v. Maryland
Constitutional question:
Verdict:
Verdict:
Impact:

Answer 1

constitutional for fed. gov’t to make a bank?
yes, Necessary and Proper Clause, implied a bank is necessary to collect tax
Can states tax federal bank?
no, due to supremacy clause, federal law outweighs state law
more power to fed. gov’t

Question 2

US v. Lopez
Constitutional question:
Verdict:
Impact:

Answer 2

Can fed. gov’t create laws abt firearm regulation bc of commerce clause?

no. Gun control doesn’t impact Trade therefore fed. gov’t shouln’t have a say

more power to states

Question 3

Baker v. Carr
Constitutional question:
Verdict:
Impact:

Answer 3

Does the Supreme Court have jurisdiction over questions concerning redistricting?
yes not a political question so courts can make a judgement
“1man, 1vote” sets precedent for states to redistrict

Question 4

Shaw v. Reno
Constitutional question:
Constitutional question:
Verdict:
Verdict:
Impact:

Answer 4

Does a congressional district, designed to give black pop. majority vote, violate the 14th amend. equal protection clause?
Should race be a factor when redistricting?
Yes: votes must be weighed equally
Yes but not the only factor
need stronger grounds to redistrict other than race or else it will be under strict scrutiny

Question 5

Marbury v. Madison
Constitutional question:
Verdict:
Constitutional question:
Verdict:
Impact (2):

Answer 5

Can an appointed judge sue for his appointment?
Yes (promised the job)
Does SCOTUS have authority to order the appointment?
No (exceeds judges implied powers)
judicial review
constitution = supreme law of land

Question 6

Why were the holdings of Schenck v. United States & Tinker v. Des Moines different?

Answer 6

Schenk violated current and present danger by inciting violence to burn war pamphlets
Tinker did symbolic protest

Question 7

Engel v. Vitale
Constitutional question:
Verdict:
reasoning (2):
Impact (2):

Answer 7

Does reading of a non-denominational prayer at school violate the “establishment of religion” clause of First Amendment?
yes: court found it to be a part of a government program to advance religious beliefs
prayer wasn’t mandatory, school is mandatory
Upheld Separation of Church and State and establishment clause

Question 8

Wisconsin v. Yoder
Constitutional question:
Verdict:
reasoning (2):
Impact (2):

Answer 8

Does Wisconsin’s Compulsory School Attendance Law break the Free Exercise Clause (in the First Amendment)?
yes: infringes on liberties of the Amish children; mandatory education up to 16yrs. old could damage religious upbringing of Amish students
emphasized the importance of religious freedom
est. free exercise clause

Question 9

Schenck v. United States
Constitutional question:
Verdict:
reasoning:
Impact:

Answer 9

Does the 1st amendment protect speech that creates a clear and present danger?
No: incited violence, during war times
established clear and present danger test

Question 10

Tinker v. Des Moines
Constitutional question:
Verdict:
reasoning (3):
Impact:

Answer 10

Does a prohibition against wearing armbands in public schools as symbolic protest, violate the students’ freedom of speech in First Amendment?
Yes: rights of students should always be protected by gov’t, not violent, doesn’t effect war efforts
First Amendment applied to public schools, school officials can’t censor speech unless disrupts educational process.

Question 11

New York Times Co. v. United States
Constitutional question:
Verdict:
reasoning (2):
Impact:

Answer 11

Did the Nixon administration’s efforts to prevent the publication of “classified information” violate the First Amendment?
Yes: isn’t a threat to public safety, prior restraint unconstitutional
established freedom of the press

Question 12

McDonald v. Chicago
Constitutional question:
Verdict:
reasoning (2):
Impact:

Answer 12

Does the 2nd Amendment apply to the states?
yes: right to self defense, selective incorporation
new interpretation of gun rights

Question 13

Gideon v. Wainwright
Constitutional question:
Verdict:
reasoning (2):
Impact:

Answer 13

Are states required, to provide a person charged with a non-capital felony with counsel if they can’t afford it?
yes: selective incorporation, counsel is essential to a case
established the rights of criminals to have attorneys

Question 14

Brown v. Board of Education
Constitutional question:
Verdict:
reasoning (2):
Impact (2):

Answer 14

Does the segregation of public education based on race violate the Equal Protection Clause of the Fourteenth Amendment?
Yes: separate is not equal, instilled inferiority in african american students
schools desegregated
precedent for civil rights

Question 15

Citizens United v. FEC
Constitutional question 2:
Verdict :
reasoning:
Verdict :
reasoning:
Impact (2):

Answer 15

Does the BCRA’s donation disclosure requirement violate 1st amend. free speech clause? no
part of BCRA violated free speech of corporations, labor unions, and other organizations (need more reasoning)

Is a neg. political doc. that doesn’t communicate who to vote for subject to the BCRA? yes
corp. can use funds from treasuries to endorse candidate (as long as ads aren’t coordinated w/candidate)
Candidate don’t owe anything to people advertising for them

Money = speech
No limit on campaign contributions (censorship)
Corporations/companies/PACs = (have First Amendment rights)

Question 16

what is BCRA? (4)

Answer 16

Bipartisan Campaign Reform Act (BCRA): banned soft money, limited donations from political action committees (PAC) to $5,000; prohibits corporations from paying for election communication w/in 60 days of election; candidates needed to approve messages on broadcasted advertisements