GOV AP EXAM (REQUIRED CASES), MAY 5TH

McCullough v Maryland

Facts: Congress created the 2nd bank of the United States, and one branch was in Baltimore, Maryland. Maryland didn’t like this bank competing with its local banks, so they put a heavy tax on it. McCullough, the bank manager, saw this tax and didn’t want to pay it. Maryland sued and it went to Supreme Court.

Issue: can Congress create the 2nd bank of the United States? Can Maryland tax the federal govt?

Holding: yes, under the commerce clause, and necessary and proper clause. No under the supremacy clause.

U.S. v Lopez

Facts: Congress made a law called the Gun Free School Zones Act, which prohibited bringing a gun into a school zone. Lopez, a student at the time, brought a loaded handgun to school, was caught and arrested, and charged under the Gun Free School Zones Act.

Issue: can Congress make this law under the commerce clause?

Holding: no, it does not deal with interstate commerce, it is more of criminal activity which is law.

Baker v Carr

Facts: Charles baker, a resident in Tennessee sued Joe Carr because TN had no redistricted after the census every 10 years since 1901. This is not fair because there could be more representatives for less people or vice versa. The residents of TN were not being treated equally under the equal protection clause if the 14th amendment.

Issue: can federal courts hear this case? Did TN weigh all votes equally?

Holding: yes, federal courts can hear this because it is an equal protection clause case, states have to treat all people equally under law. No, TN did not weigh all votes or redistrict equally, they never said how it was to be fixed.

Shaw v Reno

Facts: In 1990, a census was done in North Carolina. They needed to redistrict because they had a practice of discrimination against African Americans in voting for over a century. Shaw sent a redistrict in plan to Janet Reno, who said they needed another district that was African Americans. NC made a weird district to try to get as many African Americans as possible. A resident in NC sued because they were being gerrymandered.

Issue: does the 12th congressional district of NC violate the Equal Protection Clause?

Holding: yes, you cannot use race as a sole factor to determine a district.

Marbury v Madison

Facts: Marbury was a last minute appointment for the Justice of Peace position. President Adams forgot to give Marbury the commission, so Marbury asked the new administration (Jefferson) for the commission. Jefferson told his Secretary of State (Madison) not to give the commission to Marbury. Marbury filled a writ of mandamus asking the Supreme Court to order Madison to give Marbury the commission.

Issue: is Marbury entitled to the appointment? Is the writ of mandamus the right way to get the commission? Does the Supreme Court have the authority to do what Marbury wants to do?

Holding: yes Marbury is entitled to the appointment. No the writ cannot be given by the Supreme Court. No, part of the judiciary act of 1789 that gave the Supreme Court power to issue writs was unconstitutional. (Judicial review was created for the first time)

McDonald v Chicago

Facts: Chicago banned the possession of most handguns. McDonald sued saying it was a violation of the 2nd amendment right to bear arms.

Issue: is Chicagos gun laws too restrictive? Is the 2nd amendment a fundamental right that should be incorporated to the states?

Holding: yes the gun laws are too restrictive. Yes the right to bear arms is a fundamental right.

Engle v Vitale

Facts: the state of New York came up with a prayer that students had to recite at the beginning of the school day. A little girl went home and told her parents she had to say this prayer, her parents sued saying it was a violation of the Establishment Clause.

Issue: did this public school prayer that was voluntary and non-denominational violate the Establishment Clause of the 1st Amendment?

Holding: yes, the Establishment Clause prohibits the classroom reading of a prayer, even if non denominational, in a public school. The Clause requires church and state to stay separate, this prayer still promoted a particular religious thought.

Wisconsin v Yoder

Facts: several Amish families challenged a Wisconsin state law that required children to go to school until 16. The Amish argued that the education beyond their early teen years was a violation of their religious beliefs. Their right to religious practice required thay the kids stop going to school and instead learn the skills and values of their religion.

Issue: do laws that require school attendance violate the free exercise clause of the 1st Amendment?

Holding: yes, the state cannot show an interest in the highest order.

Schenck v U.S.

Facts: Charles Schenck and Elizabeth Baer produced and distributed over 15,000 fliers urging draft men to refuse conscription during WW1. Both were convicted of violating the Espionage Act of 1917. The defendants argued their activities were protected by the 1st amendment free speech.

Issue: is the publication and distribution of fliers urging resistance to the draft protected speech under the 1st amendment?

Holding: no, speech can be restricted when it poses a clear and present danger that will cause substantial harm that the government has a right to prevent.

Tinker v Des Moines

Facts: Several students wore black armbands to protest the Vietnam War. They made no verbal or physical disturbances, but were sent home for wearing the armbands. Their parents sued, claiming it was a violation of the students free speech rights.

Issue: do freedom of speech rights apply to students in public schools? Is wearing the armbands considered a speech?

Holding: the 1st amendment protects students free speech guarantee. Wearing an armbands is considered a speech and students have the right to free expression.

NYT v U.S.

Facts: The New York Times and Washington post received exclusive information about the governments involvement in the Vietnam War. The times began posting several newspapers based off these classified reports. The government obtained a restraining order from a federal district court requiring the Times to stop publishing these articles. This case focuses on PRIOR RESTRAINT, the ability of the government to censor information before it’s published.

Issue: may the government prevent the publication of information that may be harmful to the government, U.S., or its people?

Holding: the government is not entitled to prevent newspapers from publishing information thay may be embarrassing or cause harm to the government.

Brandenburg v Ohio

Facts: Brandenburg was a leader of the KKK and he and his clansmen had a meeting in the middle of a cornfield where he gave a speech. There were TV cameras everywhere, and he said that if the government didn’t stop oppressing the Caucasian race, there would have to be some revenge taken. He got arrested for seditious speech.

Issue: is this seditious speech protected under the 1st Amendment?

Holding: they used the Direct Ensighment test, which said the advocacy for illegal action is protected by the 1st Amendment, unless the lawless action is intended and likely to occur.

Citizens United v Federal Election Commission

Facts: Citizens United was a non profit organization that made a movie criticizing Hillary Clinton. Federal election laws prohibited corporations and unions from electioneering communications. Citizens United went to the court to try and prevent the application of the laws to their movie, saying the restrictions of electioneering communications was a violation of Free Speech.

Issue: Did the federal election laws violate citizens United freedom of speech?

Holding: yes, electioneering communications is protected political speech. Corporations and unions can spend money to promote candidates, they just have to disclose where it came from.

Gideon v Wainwright

Facts: Gideon was a homeless man who wandered from town to town. When he was in Florida, he was accused of stealing coins from a cigarette machine, he went to court, but couldn’t afford a lawyer. He decided to represent himself but couldn’t understand what the lawyer was saying. He asked the judge if he could have a lawyer for free, but they were only for people facing the death penalty. He was convicted and sent to jail, and while there he noticed the 6th amendment said the accused has the right to an attorney. He mailed an appeal, and it was taken.

Issue: Did Florida violate Gideons 6th amendment right to an attorney?

Holding: yes, Florida violated the 6th amendment. The Supreme Court incorporated the rifht to an attorney to the states.

Roe v Wade

Facts: Roe wanted to have an abortion, but it was illegal in Texas. She sued to get the right to have an abortion.

Issue: Does the right of privacy protect a women’s decision to have an abortion?

Holding: the Supreme Court divided pregnancy into trimesters. 1st- women’s right to privacy gave her an absolute right, in consultation with doctor to have an abortion. 2nd- the states interest in the health of the mother gave right to regulate abortion but only to protect women’s health. 3rd- the states interest in potential life outweighed a women’s privacy interest, but abortion in 3rd trimester were still legal if the pregnancy jeopardized the health of life of a mother.