APGOV SCOUTS cases

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66 Terms

1
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why did McCulloch sue

Congress chartered bank in Maryland, Maryland fined them $15K

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Maryland’s argument of why the establishment of the bank was unconstitutional

it says nowhere in the Constitution that Congress can do that

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McCulloch’s argument for why the bank was constitutional

necessary and proper clause

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decision in mcculoch v maryland

in favor of mcculloch, constitutional because of the necessary and proper clause

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why mcculloch v maryland matters

set precedent for federal v state laws

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why us v lopez went to SCOTUS

Lopez brought a gun to school, he was arrested for violating texas law, state charges were dropped because he was violating the gun-free school zones act

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us v lopez constitutional principle

commerce clause

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what did lopez argue

federal government can’t establish gun-free zones act because thats a power reserved to the states

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what did the us argue

guns → gun violence → people less likely to travel through → affects commerce

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why did the court side with lopez

if Supreme court can use commerce clause to justify that, then what can’t they justify?

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why did baker v carr end up before scotus?

tennessee hadn’t redrawn districts in over 60 years, and urban population had expanded a lot

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scotus hadn’t ruled on redistricting because they decided that redistricting was not [blank]

justiciable

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which constitutional princple was baker v carr about

14th amendment equal protection clause

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what was the argument against tennessee

by refusing to redraw districts, not all citizens were equally represented

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why is baker v carr important

established one person one vote doctrine, and many states had to redraw their districts, and scotus now was involved with political questions

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why did shaw v reno end up in scotus

none of nc’s representatives were black, so they tried to draw majority black districts, but district 12 was drawn weirdly

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which constitutional stake was at stake in shaw v reno

14th amendment equal protection clause

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what was shaw’s argument

his rights were violated because the districts were drawn only with race in mind

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reno’s argument

It was drawn with the intention of helping black minority residents

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what did the court rule in shaw v reno

ruled in favor of shaw

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why did the court rule that way

districts drawn only based on race sets a dangerous precedent

22
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first two parties of the us

federalists and democratic-republicans

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why did marbury v madison end up before scotus

adams just lost the election to jefferson, so adams signed commissions for justices, but some were not delivered including Marbury’s, so he sued Madison to get his commission by a writ of mandamus

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what is a writ of mandamus

court order for an official to do what they’re legally required to do

25
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judiciary act of 1789

supreme courts could issue a writ of mandamus during original jurisiction

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constitutional principle in Marbury v Madison

jurisdiction (original or appellate) in article 3

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3 questions asked in marbury v madison

does marbury have legal right to comission?

is the writ of mandamus the right way to get the commission?

does the court have the authority to grant the writ of mandamus?

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what were the answers to those questions

yes, yes, no

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why did justice marshall answer no to the last question

marbury is a judge, and madison is a cabinet secretary which is not an ambassador or state official, so article 13 is unconstitutional

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why is marbury v madison important

gave judicial branch power of judicial review

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why did engel v vitale end up before scotus

NY had a prayer that was to be recited by schools, but kids could opt out with a permission slip, but engel still sued

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constitutional principle at stake in engel v vitale

establishment clause of first amendment

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what did the scotus decide

the prayer did violate the first amendment

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why is engel v vitale important

established precedent for cases regarding schools and religious activities

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why did wisconsin v yoder end up before scotus

3 Amish families removed their kids from public schools after 8th grade due to religion, and they were fined $5 due to Wisconsin law that said that kids had to be in school until they were 16

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constitutional principle at stake in wisconsin v yoder

first amendment free exercise clause

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yoder’s argument

wisconsin’s law violated their right to freely exercise their religion

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wisconsin’s argument

states had a compelling interest in educating the children of the state which trumped the right to free exercise

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what did the court rule

in favor of yoder

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why did tinker v des moines end up before scotus

tinker’s family decided to support the christmas truce by wearing black armbands, and they got suspended

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constituional principle at stake in tinker v des moines

first amendment free speech

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what the the scotus rule

Violation of the student’s right to free speech

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what did the court establish in tinker v des moines

substantial disruption test - how schools could limit student’s free speech

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how did scenck v us end up before scotus

schenck tried to convince men to resist the new military draft to WWII, and was arrested for violating the espionage ac

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constitutional principle at stake in schenck v us

first amendment right to free speech

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what did the court rule

schenck’s rights were not violated because he was actively encouraging men to avoid the drat

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what did schenck v US establish

clear and present danger test

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why did nyt v us end up before scotus

us was involved in the undeclared vietnam war, and americans were unhappy so nixon told the americans that everything was going well when in reality it wasn’t which was leaked to nyt who published a paper about it. nixon tried to enact prior restraint on nyt

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constitutional principle at stake

first amendment right to freedom of press

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what did nixon argue

by publishing the papers it was a threat to national security

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what did scotus decide

agreed with NYT

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how did mcdonald v chicago end up before scotus

gun ownership was allowed federally but not state wise. mcdonald wanted a hand gun for self protection but was unable to buy one due to chicago laws

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constitutional principle at stake

second amendment

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chicago’s argument

laws were necessary to uphold public safety

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what did the court rule

court ruled in favor of mcdonald

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how did gideon v wainwright end up before scotus

gideon was arrested for robbing and sent to trial, but was poor and unable to have a lawyer due to florida laws and so lost his case

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constitutional principle at stake

sixth amendment case

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quesiton in gideon v wainwright

does the EPC of the 14th amendment let the sixth amendment be applied to the states

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what did scotus rule

in favor of gideon

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how did brown v board of education end up in scotus

plessy v ferguson est separate but equal, and a black family tried to get their white girl into a white school but was denied admission

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constitutional principle at stake

14th amendment equal protection clause

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who did the court agree with

brown

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how did citizens united v fec end up before scotus

bcra made it illegal to do ads 60 days before the election, but in 2008 hillary the movie was to be released after that time frame

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constitutional principle at stake

first amendment free speech

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what did scotus decide

in favor of citizens united

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question scotus considered during citizens united v fec

since money = speech, is it fair that those with the most money have the loudest voices?