GoPo Required Cases Study Guide End of Year Exam

Foundational Case

Marbury v. Madison

Marbury v. Madison (1803)

What is a basic fact about the case?

What is the case's precedent?

Basic facts: midnight judges

Precedent: Judicial review, one branch cannot tell another what to do (unless directly stated in the Constitution)

Federalism Cases

McCulloch v. Maryland (1819)

United States v. Lopez (1995)

McCullogh v. Maryland (1819)

What is a basic fact about the case?

What is the case's precedent?

Basic fact: Maryland wanted to tax the National Bank

Precedent:

- Strengthened the Supremacy Clause

- states cannot tax federal institutions

- "the power to tax is the power to destroy"

- the national bank is Constitutional (commerce clause & necessary and proper clause)

United States v. Lopez (1995)

What is a basic fact about the case?

What is the case's precedent?

Basic Fact: Lopez was charged with violating the Guns-Free School Zone law (justified by the Commerce Clause)

Precedent:

- limited Congress' power to create laws under the Commerce Clause

- (Article I: Commerce Clause and N&P Clause)

Cases about the First Amendment (Freedom of RELIGION)

- Eagle v. Vitale (1962)

- Wisconsin v. Yoder (1972)

Eagle v. Vitale (1962)

What is a basic fact about the case?

What is the case's precedent?

Basic fact: New York public schools authorized a voluntary prayer at the beginning of the school day

Precedent:

- The state CANNOT hold prayers in public school

- it was a violation of the establishment clause

- (1st Amendment Freedom of Religion)

Wisconsin v. Yoder (1972)

What is a basic fact about the case?

What is the case's precedent?

Basic fact: Amish parents challenged mandatory schooling for children 16 and under as a violation of freedom of religion

Precedent:

- Parents won due to the Free Exercise Clause

- (1st Amendment Freedom of Religion)

Cases with First Amendment (Freedom of SPEECH)

Tinker v. Des Moines (1968)

New York Times v. United States (1971)

Schneck v. United States (1919)

Tinker v. Des Moines (1968)

What is a basic fact about the case?

What is the case's precedent?

Basic Fact: Students were suspended for wearing black armbands to school protesting the Vietnam War

Precedent:

- Students do have a freedom of speech as long as it does not interfere with the operation of school

- symbolic speech

- 1st Amendment Freedom of Speech

New York Times v. United States (1971)

What is a basic fact about the case?

What is the case's precedent?

Basic fact: New York Times wanted to print the Pentagon Papers

Precedent:

- The government could NOT prevent the printing of the papers due to prior restraint

- 1st Amendment Freedom of Press

Schneck v. United States (1919)

What is a basic fact about the case?

What is the case's precedent?

Basic fact:

- Schneck was distributing leaflets to protest the WWI draft

- He was convicted under the Espionage Act

Precedent:

- This speech was NOT protected under the "clear and present danger test"

- limitation of 1st Amendment Freedom of Speech

14th Amendment Cases (Including Selective Incorporation)

Gideon v. Wainwright (1963)

McDonald v. Chicago (2010)

Brown v. Board of Education (1954)

Gideon v. Wainwright (1963)

What is a basic fact about the case?

What is the case's precedent?

Basic fact: man could not afford representation in a trial in the state courts (6th Amendment)

Precedent:

- Court appointed attorneys

- selective incorporation

McDonald v. Chicago (2010)

What is a basic fact about the case?

What is the case's precedent?

Basic fact: A group of cases that challenged Illinois laws restricting gun ownership (2nd Amendment case)

Precedent:

- Incorporated the 2nd Amendment

- (striking down Illinois laws)

Brown v. Board of Education (1954)

What is a basic fact about the case?

What is the case's precedent?

Basic fact:

- segregated schools

Precedent:

- Separate is inherently unequal

- 14th Equal Protection Clause

Cases with Election Law

Citizens United v. Federal Election Commission (2010)

Baker v. Carr (1961)

Shaw v. Reno (1993)

Citizens United v. Federal Election Commission (2010)

What is a basic fact about the case?

What is the case's precedent?

Basic Fact:

- Challenged BCRA's limitations on corporate donation citing Freedom of Speech

- $ = speech

Precedent:

- Corporations do not have the right of political speech

- 1st Amendment: Freedom of Speech

Baker v. Carr (1961)

What is a basic fact about the case?

What is the case's precedent?

Basic facts:

- Challenged Tennessee's reapportionment of legislative districts

- districts has unequal populations

- 14th Amendment Equal Protection Clause

Shaw v. Reno (1993)

What is a basic fact about the case?

What is the case's precedent?

Basic facts:

- North Carolina reapportionment based on race

- Challenged this reapportionment due to the irregular shapes of the district

- 14th Amendment Equal Protection Clause

Precedent:

- The court held that although the district the goal (Reapportionment based on race) was legitimate

- the districts were bizarre enough to exceed the reasonableness standard to achieve the goal

- thus the districts were struck down

Cases to be familiar with

but are not going to be in essays

Griswold v. Connecticut (1965)

What is a basic fact about the case?

What is the case's precedent?

Basic fact:

- Challenged a Connecticut law banning contraception

- Was it a violation of 'right to privacy'?

Precedent:

- The law was struck down as a violation of privacy

- With Roe being struck down, this is the privacy precedent

Roe v. Wade

What is a basic fact about the case?

What is the case's precedent?

Basic Fact:

- In Texas, abortion was illegal, except to save a woman's life

Precedent:

- Woman's right to choose was protected by the "right to privacy"

- inferred from the 4th and 14th Amendments (Due Process Clause)

Dobbs v. Jackson Women's Health Organization (2022)

What is a basic fact about the case?

What is the case's precedent?

Basic Fact:

- Challenged a Mississippi abortion law as a violation of Roe

Precedent:

- The Constitution does not confer a right to an abortion

- Set a five-fold test for abortion laws

- Does NOT mention 'right to privacy'

How did Federalist #10 explain that the influence of factions could be controlled by the Constitution?

Large government with many points of contact allows a diversity of opinions to be heard and prevent one faction from taking control

Was Brutus #1 for or against the ratification of the Constitution? Name and explain two elements that formed the basis of this argument.

- Supremacy Clause

- Necessary and Proper Clause

Name two foundational principles that the argument of The Declaration of Independence was based upon

- Government by consent of the governed

- Social contract

Name four problems with The Articles of Confederation

...

Federalist #51 argued that liberty is best protected by what Constitutional principle?

Checks and balances (separation of powers)

In his "Letter from a Birmingham Jail", how did Dr. King explain the logic of non-violent protests?

- Nonviolent protests are necessary to be able to create a situation where the negotiations can take place

- This is necessary because people that are not being oppressed do not see the need for change

In Federalist #70, a strong, unitary executive was defended. What was the logic?

- A strong, singular executive is needed for direct action especially at moments of national security

- Energy is necessary for an effective government

Federalist #78 said that what power was the Supreme Court's best check on the power of Congress?

Judicial review

What is in the 1st Amendment?

Freedom of religion, speech, assembly, and petition

What is in the 2nd Amendment?

right to keep and bear arms

What is in the 4th Amendment?

Search and seizure

What is the 5th and 6th Amendment?

Rights of the accused

What is in the 7th Amendment?

Jury trials in Civil Cases

What is in the 8th Amendment?

No Cruel and Unusual Punishment

What is in the 9th Amendment?

Citizens have more rights than are listed in the Constitution

What is in the 10th Amendment?

Reserved Powers

What is in the 12th Amendment?

President and VP are elected on separate ballots

What is in the 13th Amendment?

Slavery is banned

What is in the 14th Amendment?

Defined citizenship and gave all citizens rights

What is in the 15th Amendment?

Voting cannot be restricted by race

What is in the 17th Amendment?

Direct election of Senators

What is in the 19th Amendment?

The right to vote for women

What is in the 22nd Amendment?

Limiting president to 2 terms

What is in the 24th Amendment?

Eliminated poll taxes

What is in the 25th Amendment?

Presidential succession

What is in the 26th Amendment?

Voting at 18