Ap gov study guide national exam

What are the facts of Marbury v. Madison

William Marbury was appointed as a justice by John Adams but never received his commission, so he petitioned the Supreme Court to make the secretary of state, James Madison, give him his commission, which Madison refused to do.

What was the issue in Marbury v. Madison

Does Marbury have a right to his commission?

Does the Supreme Court have the authority to order the delivery of the commission? (essentially asking if the Supreme Court had the ability to rule on such cases)

What was the holing of Marbury v. Madison

Marbury was entitled to his commission, however the court was unable to grant it because Judiciary Act of 1789 (which gave the Supreme Court jurisdiction over the case in the first place) was against the Constitution, therefore making it null and void

What was the reasoning of Marbury v. Madison

Congress couldn’t pass legislation that supersedes the Constitution because of the supremacy clause

What was the big impact of Marbury v. Madison

the court gave itself the power of judicial review, not the Constitution

Which clause of the Constitution is most relevant to Marbury v. Madison

supremacy clause

What conflict did the Court face during Marbury v. Madison

If the court ruled in favor of Marbury, the executive branch would ignore the ruling, showing how weak the judicial branch was, but if the court ruled in favor of Madison, it would show that the executive branch was above the law

What are the facts of McCulloch v. Maryland

Hamilton proposed a national bank for the United States, which gets created by Congress justifying it through the necessary and proper clause. Maryland and other states didn’t agree with the national bank, so they passed laws to tax it.

What was the issue in McCulloch v. Maryland

Does Congress have the power to establish a national bank?

Do the states have the right to tax the federal government?

What was the holding of McCulloch v. Maryland

Congress did have the right to create a national bank and the states did not have the right to tax the federal government.

What was the reasoning in McCulloch v. Maryland

The necessary and proper clause allows Congress to create a national bank. States cannot tax the federal government because of the supremacy clause.

What was the big impact of McCulloch v. Maryland

It expanded the federal government’s power by allowing it to create a national bank and established that states are not allowed to tax the federal government.

How did justice John Marshall redefine the term necessary in McCulloch v. Maryland

as long as the government is not specifically prohibited from and it relates to its enumerated powers then an action is constitutional

What were the facts in US v. Lopez

A high school student brought a gun into a school zone and was charged with a federal crime for violating the Gun Free School Zones Act, which prevented guns from being allowed in school zones with the justification of the commerce clause.

What was the issue in US v. Lopez

Did Congress exceed its authority with the Gun Free School Zones Act

What was the holding of US v. Lopez

Congress did exceed their authority with the Gun Free School Zones Act.

What was the reasoning of US v. Lopez

The court said that possessing a gun in a school zone did not affect the economy substantially enough for the government to regulate it and that some powers were reserved to the states.

What was the big impact of US v. Lopez

Declared the Gun Free School Zones Act unconstitutional and decreased the federal government’s power by establishing that states still retained some authority

What amendment was the most relevant to US v. Lopez

10th amendment

What were the facts of Baker v. Carr

Tennessee residents said that congressional redistricting did not take population shifts into account, making some residents’ votes worth more than others.

What was the issue in Baker v. Carr

Does the Supreme court have jurisdiction over questions of redistricting?

What was the holding in Baker v. Carr

The Supreme court did have jurisdiction over cases involving redistricting and the redistricting in Tennessee was unconstitutional.

What was the reasoning in Baker v. Carr

Redistricting can raise non-political questions so the Supreme Court did have jurisdiction. People also have the right to challenge redistricting if they think it violated their equal protection rights, which it did in this case.

What was the big impact of Baker v. Carr

led to the “one person, one vote” principal, led to a ban on malapportionment, and gave the Supreme court jurisdiction on redistricting cases

Which clause was the most relevant to Baker v. Carr

equal protection clause

What were the facts of Shaw v. Reno

North Carolina created a bizarrely shaped majority minority district in order to increase black representation in compliance with the voting rights act. Residents complained, saying that the district was created only with race in mind.

What was the issue in Shaw v. Reno

Can state residents challenge congressional redistricting that has been racially gerrymandered in federal court?

What was the holding in Shaw v. Reno

Residents may challenge majority minority districts if they believe that race was the only factor in creating the district, even if it was to benefit minorities

What was the reasoning in Shaw v. Reno

Drawing a district based only on race violated the equal protection clause and opposes the “color blind” ideal of the US law.

What was the big impact of Shaw v. Reno

Essentially banned racial gerrymandering (race can be a factor in redistricting, just not the only factor)

What were the facts in Engel v. Vitale

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

What was the issue in Engel v. Vitale

Does reciting a nondenominational prayer in public school violate the establishment clause of the First Amendment?

What was the holding of Engel v. Vitale

States cannot hold prayers in public schools even if participation isn’t mandatory and aren’t tied to a specific religion.

What was the reasoning of Engel v. Vitale

Public school sponsorship of religious activities violates the first amendment’s establishment clause

What was the big impact of Engel v. Vitale

Prohibits public schools from leading prayers in school (does not affect student led prayer)

What is the most relevant clause in Engel v. Vitale

establishment clause

What were the facts of Wisconsin v. Yoder

Wisconsin passed a law that required parents to send their children to school until age 16. Amish families refused because sending their children to school past the 8th grade went against their religion.

What was the issue of Wisconsin v. Yoder

Did the law violate the free exercise clause of the First Amendment by criminalizing the actions of parents who refused to send their children to school for religious reasons?

What was the holding of Wisconsin v. Yoder

Wisconsin cannot compel Amish students to attend high school beyond the 8th grade

What was the reasoning in Wisconsin v. Yoder

Allowing the freedom to practice religion is more important to people’s rights than going to school beyond the 8th grade

Which clause is most relevant in Wisconsin v. Yoder

free exercise clause

What were the facts in Tinker v. Des Moines

Students were suspended from public school for wearing black armbands to protest the Vietnam war.

What was the issue in Tinker v. Des Moines

Does punishing students for wearing a black armband in public school as symbolic speech violate their First Amendment right to free speech>

What was the holding in Tinker v. Des Moines

Students have a right to participate in symbolic speech in public school.

What was the reasoning in Tinker v. Des Moines

The students’ free speech rights superseded the rules of the administrations’ concern for potential disorder. The school would have to prove that the speech would disrupt school activities for them to be able to suppress it.

What was the big impact of Tinker v. Des Moines

Guaranteed that students have a right to symbolic speech in public school as long as it does not pose a threat to school activities.

Which clause is most relevant to Tinker v. Des Moines

free speech clause

What were the facts in Schenck v. US

Charles Schenck distributed leaflets opposing the military draft. He was arrested for violating the Espionage Act by trying to cause insubordination in the military and disrupt the draft.

What was the issue in Schenck v. US

Did Schenck’s conviction obstruct his free speech right?

What was the holding in Schenck v. US

The Espionage Act was a constitutional use of the government’s wartime authority, making Schenck’s conviction in line with the constitution.

What was the reasoning in Schenck v. US

Schenck’s leaflets created a “clear and present danger”, which was not under protection of the First Amendment and was not protected.

What was the big impact of Schenck v. US

Created the “clear and present danger” test in regards to possible free speech violations.

What test was the “clear and present danger” test replaced with in Brandenburg v. Ohio

“intended and likely to incite imminent and lawless action”

What were the facts for New York Times v. US

The Nixon administration attempted to stop the publication of the pentagon papers, a classified study of US activities in Vietnam, by the New York Times and Washington Post.

What was the issue in New York Times v. US

Did the Nixon administration’s attempt to block publication of classified information violate the First Amendment’s right to free press?

What was the holding in New York Times v. US

The government did not have the right to block the publication of the pentagon papers

What was the reasoning in New York Times v. US

The government did not have the right to block the publication of the pentagon papers because of the First Amendment’s freedom of press. Prior restraint is generally considered unconstitutional unless the government can meet very high requirements.

What was the big impact of New York Times v. US

Strengthened freedom of press and was a win for civil liberties advocates

What are the facts of McDonald v. Chicago

DC v. Heller established the individual right to bear arms. Residents of Chicago were invariably denied licenses for handguns, effectively creating a ban on handguns.

What was the issue in McDonald v. Chicago

Does the Second Amendment’s right to bear arms apply to state and local governments through the 14th amendment? (liberty vs. order)

What was the holding in McDonald v. Chicago

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

What was the reasoning in McDonald v. Chicago

The Second Amendment establishes a right to bear arms for self defense, meaning that the right did apply to state and local laws through the 14th amendment’s privileges and immunities clause.

What was the big impact of McDonald v. Chicago

Established that the right to bear arms was a fundamental right that state and local laws must respect. In this case, the court chose liberty over order.

What were the facts of Gideon v. Wainwright

Clarence Earl Gideon was charged with a felony and requested the state appoint a lawyer for him, which the state of Florida denied. Its state laws said the attorneys would only be appointed 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 court?

What was the holding of Gideon v. Wainwright

The state must provide attorneys for defendants who can’t afford one.

What was the reasoning for Gideon v. Wainwright

The Sixth Amendment’s right to counsel applies to states because an attorney is essential to ensuring procedural due process rights to defendants.

What was the big impact in Gideon v. Wainwright

Established that states must provide attorneys for defendants who can’t afford one

What were the facts of Brown v. Board of Education

Plessy v. Ferguson ruling established that segregation was constitutional under the “separate but equal” doctrine. This case also provided the legality for Jim Crow laws and public segregation. Black children being denied access to public schools because of their race.

What was the issue of Brown v. Board of Education

Does segregation based entirely on race violate the Fourteenth Amendment’s equal protection clause?

What was the holding of Brown v. Board

Racial segregation of public schools is unconstitutional.

What was the reasoning for Brown v Board

Public school segregation based solely on race violated the equal protection clause of the Fourteenth Amendment

What was the big impact of Brown v. Board

Banned public school segregation and was an early win for the civil rights movement

What were the facts of United Citizens v. FEC

BCRA banned independent political spending within 60 days of a general election and 30 of a primary election and direct contributions to a candidate campaign or political party for corporations. This prevented Citizens United from showing its anti-Clinton movie.

What was the issue of Citizens United v. FEC

Can the political speech and direct contributions of corporations and organizations be banned? (free speech vs. electoral integrity)

What was the holding of Citizens United v. FEC

Allowed corporations to engage in political speech but upheld BCRA’s ban on direct contributions to a candidate by corporations. Allowed corporations to raise and spend unlimited amounts of money through independent expenditures. Struck down BCRA’s ban on soft money and political ad timing restrictions.

What was the reasoning for Citizens United v. FEC

Corporations are people, therefore engaging in political speech is protected by the first amendment.

What was the big impact in Citizens United v. FEC

Led to the creation of Super PACs, ruling was in favor of free speech but still upheld electoral integrity

What three ideals are most important in the Declaration of Independence

natural rights, social contract, popular sovereignty

What type of government does Jefferson describe in the Declaration of Independence

limited government that draws its power from the people

How can the Declaration of Independence relate to social movements

It started the separation from England wherein the US demanded and fought for rights back from England, similar to how social movements fight for a cause and often rights

What is the purpose of the Declaration of Independence

To separate from England and establish the ideals of the US government

What type of government did the Declaration of Independence propose

Republican, based on the consent of the governed

What were the Articles of Confederation

Weak first draft of the American government, had no executive branch and a weak legislative branch

What powers did the government under the Articles of Confederation lack

the power to tax and ability to regulate interstate commerce

What did Shays’ Rebellion accomplish

It highlighted the weakness of the Articles of Confederation by showing how slow the federal government was to respond to a rebellion that could have been easily taken care of

What did Madison say about the nature of people in Federalist No. 51

People aren’t perfect and the government needs to be limited because the people in it aren’t perfect either

Why does Federalist No. 51 say that Congress has to be divided into 2 houses

Congress is the strongest branch of government, so splitting it into a bicameral legislature helps to balance its power

What is the main idea of Federalist No. 51

Each branch of government must be able to check and balance the other

What did Federalist No. 51 say about how much power the government should have

The government must have enough power to protect people’s rights but not enough to take them away

What did Madison say the purpose of government was in Federalist No. 51

To establish justice

Why did Madison say in Federalist No. 51 that having multiple access points in government was good

It helps protect minority rights

Was Brutus No. 1 federalist or anti-federalist

Anti-Federalist

What model of government did Brutus No. 1 favor

Participatory

What was the main idea of Brutus No. 1

Small republics make it easier for the government to understand and act on the best interests of its citizens

What two clauses did Brutus No. 1 say would give the government too much power

Elastic clause and supremacy clause

What power did the federal government have that Brutus No. 1 say would lead to a tyrannical government

Taxation

What three things did Brutus No. 1 argue for

Participatory democracy, states’ rights, individual rights

Who were the three writers of the Federalist papers

Alexander Hamilton, James Madison, John Jay

What is the main argument of Federalist No. 10

Large republics make it easier to control the negative effects of factions