AP GOV national exam: supreme court cases

What was the issue of McCulloch V. Maryland?

1. Did congress have the power to establish a national bank? Yes, because of the necessary and proper clause (the elastic clause).

2. Can a state tax the federal government? No, because of the supremacy clause.

What was the facts of McCulloch V. Maryland?

• In the 1790’s the national bank was created.

• Several states, including Maryland, passed laws to tax the bank of the United States. 

What was the holding of McCulloch V. Maryland?

-Congress may establish a national bank. States may not tax the government. 

-Supreme court's decision.

What was the reasoning of McCulloch V. Maryland?

1.) As a result of the necessary and proper clause, congress has implied powers and is not limited to its expressed powers. 

2.) The supremacy clause asserts that the federal government is superior to state governments when the two conflict.

What was the big picture of McCulloch V. Maryland?

• Federalism case ; expansion of federal power.

• Sound defeat for those who were supporting states rights

What were the facts of U.S. vs Lopez?

• A student in texas brought an unloaded gun to school and was charged with violating the federal gun-free school zones  act of 1990, which banned intentionally carrying a gun in a school zone 

What were the issues of U.S. vs Lopez?

• Did the gun-free school zones act of 1990 unconstitutionally exceed congress’s authority to legislate under the commerce clause?

• Not a second amendment case

What was the holding of U.S. vs Lopez?

• The gun-free school zones act of 1990 was unconstitutional

What was the reasoning of U.S. vs Lopez?

• Possession of a gun in a school zone does no substantially affect interstate commerce

• The commerce clause does not grant congress endless power

• Some powers are reserved to states via the tenth amendment

What was the big picture of U.S. vs Lopez?

• A win for states rights 

• Victory for conservative who often support states rights and a loss for liberals who often support federal rights 

• Does not change the broad interpretation of the commerce clause 

• Congress can still regulate anything affecting interstate commerce

• Not everything affects interstate commerce

• After this got shut down, Congress passed a new version of the GFSZA that was Constitutional

•  Example of how congress can limit the impact of court ruling 

• Good example of checks and balances

What were the facts of Baker vs. Carr?

• Tennessee residents alleged that state congressional redistricting did not take into account population shifts, therefore one person's vote was not necessarily equal to another person's vote

What was the issue of Baker v. Carr?

• Does the federal judiciary have jurisdiction over questions of redistricting?

What was the holding of Baker v. Carr?

• Redistricting claims raise non-political questions and therefore are justiciable (able to be heard) in federal court.

What was the reasoning of Baker v. Carr?

• People have a right to challenge unequal apportionment and redistricting plans that may violate the equal protection clause.

What was the impact of Baker v. Carr?

• Led to the “one person-one vote”principle of voting equality in house elections and the ban on malapportionment.

What were the facts of Shaw vs. Reno?

• North Carolina created a bizarrely shaped majority-minority district for the purpose of increasing black representation in congress to comply with the voting rights act of 1965.

• North Carolina submitted its redistricting plan to the justice dept for approval.

• Attorney general rejected the map because black voters were underrepresented.

• Feeling like they were underrepresented because there should have been another minority-majority district. 

What was the issue of Shaw v Reno?

• Can state residents challenge in federal court congressional districts that are racially gerrymandered?

What was the holding of Shaw v Reno?

• Residents may challenge majority-minority districts if rave was the only factor used in creating the district.

What was the reasoning of Shaw v Reno?

• Drawing a congressional district based only on race violated the equal protection clause and opposes the “colorblind” ideal of U.S law.

• Race can be a factor but it can't be the only factor.

What was the impact of Shaw v Reno?

• Race can be a factor but it can't be the only factor.

• Overall it bans racial gerrymandering.

What were the facts of Maurbury vs. Madison

• William Marbury was appointed as justice of the peace in D.C. by Adams but didn't receive his commission, so he petitioned the supreme court to compel the secretary of state, james madison, to deliver his commission.

What was the issue of Maurbury vs. Madison?

• Does Marbury have a right to his commission? 

• Does the supreme court have the authority to order the delivery of the commission?Does Marbury have a right to his commission? 

• Does the supreme court have the authority to order the delivery of the commission?

What was the holding of Maurbury vs. Madison?

• Marbury was entitled to his commission. However, the court was unable to grant it because the relevant portion of the judiciary act of 1789 allowing Marbury to sue conflicted with the constitution and was therefore null and void.

What was the reasoning of Maurbury vs. Madison?

• Congress couldn't pass legislation that supersedes the constitution because the supremacy clause places the constitution above laws.

What was the impact of Maurbury vs. Madison?

• Established Judicial review, empowering the supreme court to declare legislative and executive actions unconstitutional.

The constitution above law = supremacy clause

What were the facts of Engel vs. Vitale?

• Public schools in New York began school days by inviting students to recite a nondenominational prayer each morning.

What were the issues of Engel vs. Vitale?

• Does reciting a nondenominational prayer in public schools violate the first amendment’s establishment clause?

What were the holding of Engel vs. Vitale?

• States cannot hold prayers in public schools, even if participation is voluntary and the prayer isn't tied to a specific religion.

What was the reasoning of Engel vs. Vitale?

• Public school sponsorship or religious activities violates the first amendment’s establishment clause.

What was the big picture of Engel vs. Vitale?

• Only relating to school sponsored prayer, not student lead prayer.

What were the facts of Wisconsin vs. Yoder:?

• A Wisconsin law that mandated school attendance until age 16. Amish families refused for religious reasons to send their children to high school once they finished 8th grade.

What were the issues of Wisconsin vs. Yoder:?

• Did Wisconsin’s law mandating school attendance violate the free exercise clause by criminalizing the action of parents who refused to send their children to school for religious reasons?

What were the holding of Wisconsin vs. Yoder:?

• Wisconsin may not compel Amish students to attend public school beyond 8th grade.

What was the reasoning of Wisconsin vs. Yoder:?

• Individuals' interest in free exercise of religion outweighs the state's interest in compelling school attendance beyond 8th grade.

What was the impact of Wisconsin vs. Yoder:?

• Has established the precedent to consider religious exemptions to state policies like vaccinations/homeschooling.

What were the facts of Schenk vs. U.S?

• Charles Schenck distributed leaflets opposing the military draft. He was arrested for violating the espionage act by attempting to cause insubordination in the military and obstruct recruitment.

What was the issue of Schenk vs. U.S?

• Did Schenk’s conviction under the espionage act violate his first amendment free speech rights?

What was the holding of Schenk vs. U.S?

• No. The espionage act was an appropriate exercise of congress’ wartime authority.

• Schenk lost his appeal/loses

What was the reasoning of Schenk vs. U.S?

• Speech creating a “clear and present danger”. Was not protected by the first amendment’s free speech clause and could be limited.

What was the impact of Schenk vs. U.S?

• Established the precedent that there may be time, place, and manner restrictions to speech.

What were the facts of Tinker vs. Des Moines?

• Students were suspended from public school for wearing black armbands as a symbol to protest the vietnam war.

What was the issue of Tinker vs Des Moines?

• Does a prohibition against wearing black armbands as a form of political protest in public school violate the students’ freedom of speech guaranteed by the first amendment?

What was the holding for Tinker vs. Des Moines?

• Yes. Students have free speech rights at school.

What was the reasoning for Tinker vs. Des Moines?

• The students right of political, symbolic speech based on the first amendments free speech clause overrode the school administrators concern for potential disorder.

• To justify suppressing speech, the school must prove that it would substantially interfere with the operation of the school.

What were the facts for New York Times vs. US?

• The Nixon administration attempted to stop the publication of the pentagon papers, a classified (secret) study of the U.S. Activities in Vietnam, by the New York Times and Washington Post.

What were the issues for New York Times vs. US?

• Did the Nixon Administration's attempt to block publication of classified information violate the first amendment’s freedom of the press?

What was the holding for New York Times vs. US?

• The Government did not have the right to block publication of the pentagon papers.

What was the reasoning for New York Times vs. US?

• Because of the first amendment's freedom of press, there is a heavy presumption against the constitutional validity of government claims of prior restraint (a type of censorship that restricts speech or press before it actually takes place).

What was the impact of New York Times vs. US?

• This is a victory for civil liberties advocates and freedom of the press.

What were the facts of McDonald vs. Chicago?

• Dc. vs Heller (2008): established an individual right to bear arms for the purpose of self defense.

• Residents of Chicago were invariably denied licenses for handguns, creating an effective ban on handguns.

What was the issue of McDonald vs. Chicago?

• Does the second amendment’s right to bear arms apply to the states through the 14th amendment?

What was the holding for McDonald vs. Chicago:?

• The right to bear arms for the purpose of self-defense applies to the states.

What was the reasoning for McDonald vs. Chicago:?

• The second amendment establishes an individual right to bear arms for self-defense; through the 14th amendment’s due process clause applies to states.

What was the big picture of McDonald vs. Chicago:?

• Pro liberty decision

• States now cannot infringe upon this individual right to bear arms.

• States can still place regulations.

What were the facts of Gideon v. Wainwright:?

• Clarence Earl Gideon was charged with a felony and requested that the state court appoint a lawyer for him.

• The court denied his request because according to Florida State law, attorneys would only be appointed for a person in a capital case.

What was the issue of Gideon v. Wainwright:?

• Does the sixth amendment right to counsel apply to felony defendants in state courts.

What was the holding of Gideon v. Wainwright:?

• States must provide attorneys for defendants who cant afford one.

What was the reasoning of Gideon v. Wainwright:?

• Procedural due process - Laws must be applied fairly and in a non-arbitrary manner.

• The 6th amendment's guarantee to the right of counsel extends procedural due process protections to defendants in state court through the 14th amendment.

What was the big picture of Gideon v. Wainwright:?

• Huge victory for the accused

What were the facts of Brown vs. Board of Ed?

Black students in several states were denied admittance to certain public schools based on race.

What was the issue of Brown vs. Board of Ed?

 Does the segregation of public schools based solely on race violate the fourteenth amendment?

What was the holding of Brown vs. Board of Ed?

Racial segregation of public schools allowed by the “separate but equal”principle of plessy v. Ferguson is unconstitutional.

What was the reasoning of Brown vs. Board of Ed?

 Racially segregated schools violate the equal protection clause of the fourteenth amendment.

What was the big picture of Brown vs. Board of Ed?

• This case is only related to schools.

• It definitely was a big victory in the early parts of the Civil rights movement.

• The supreme court had trouble enforcing this desegregation.

What were the facts of Citizens United vs. FEC?

• BCRA banned corporations and unions from independent political spending within 60 days of a general election or 30 days of a primary election.

• BCRA also banned direct contributions from corporations to candidate campaigns or political parties.

What was the issue of Citizens United vs. FEC?

• Can political speech of corporations, labor unions, and associations be banned?

• Can direct contributions by corporations, labor unions, and associations be banned? 

What was the holding of Citizens United vs. FEC?

• Corporations are people, therefore corporate funding of independent political expenditures cannot be limited.

• Upheld BCRA’s ban on corporate contributions to candidates

• Led directly to the formation of independent-expenditure-only committees, AKA super PACS

• Struck down parts of BCRA, including the ban on soft money and limitations on timing of political ADs.

What was the reasoning of Citizens United vs. FEC?

• Based on the first amendment's free speech clause, corporations have the right to engage in political speech.

What was the big picture of Citizens United vs. FEC?

• Censorship vs. integrity of elections.