AP SCOTUS Cases Flashcards
McCulloch v. Maryland
Setting up a national bank is constitutional as per the elastic/necessary and proper clause of the constitution which allows Congress to make decisions so that its explicitly mentioned powers can be upheld.
National supremacy clause (Article 6) –
States can’t tax a national bank
U.S. v. Lopez
The commerce clause (used to justify the Gun-Free School Zones Act) can’t be used to make gun possession a crime in schools
The court said that if Congress can use the commerce clause to regulate guns in schools, what can’t the Congress do with the commerce clause?
Engel v. Vitale
no prayers in school, even if they’re non-denominational
school sponsorship of religious activities is not allowed (also set precedent for future cases)
violates the Establishment clause
Wall of separation between Church and
State
The court protected individual liberties.
Wisconsin v. Yoder
Yoder argued that Wisconsin’s compulsory education law violated their First Amendment rights
The court rules in favor of the Amish parents.
Amish students can choose not to attend school after 8th grade
right to free exercise of religion
Tinker v. Des Moines
First Amendment’s right to free speech (in this case, symbolic speech)
The court ruled in favor of the Tinker family.
The students can wear black armbands to protest against the Vietnam war
Substantial disruption test: if a school administration is going to restrict free speech they must pass certain criteria.
NY Times v. U.S.
The President and the agencies had systematically deceived the public concerning the Vietnam War
NY Times published leaked information about the Vietnam War (the Pentagon papers) which proved that the government was lying.
The Nixon administration ordered the seizure of the publication because it could threaten national security. This is known as prior restraint.
Court’s decision:
Freedom of the press upheld, no prior restraint.
Schenck v. U.S.
Schenck disagreed with drafting American men to the army and distributed posters that asked people to resist.
Schenck was arrested because of violating the Espionage Act.
The court ruled that Schenck’s First Amendment rights were not violated because his words were encouraging men to avoid the draft.
Protected and unprotected speech can be measured by the clear and present danger test
Gideon v. Wainwright
Argued that the Sixth Amendment’s provision for a lawyer applies to the states via the Fourteenth Amendment’s due process clause.
Right to a lawyer in felony cases
McDonald v. Chicago
Chicago’s gun laws were a violation of citizen’s Second Amendment rights.
Incorporated the Second Amendment (right to bear arms)
Brown v. Board of Ed.
These are a set of cases involving racial segregation in schools.
Court’s decision:
The “separate but equal” doctrine is unconstitutional because making something separate inherently makes it unequal
Schools must integrate with “all deliberate speed”… it took a while till schools were actually integrated.
Citizens United v. Federal Election Commission
Citizens United argued that BCRA’s prohibition against electioneering communication by corporations was a violation of the first amendment’s protection of freedom of speech
Court’s decision:
Political spending by external groups is protected under the First Amendment
Baker v. Carr
The state of Tennessee had not redrawn its legislative districts in about 60 years. During this period the state’s urban population had grown much faster than the state’s rural population and so, rural voters had much more voting power than rural voters.
Documents at stake: 14th Amendment and the equal protection clause
Court’s decision:
“one person, one vote” doctrine
The states must apportion the representatives in a way that equally represents all voters.
Congressional redistricting is subject to judicial review
Shaw v. Reno
A case about racial gerrymandering.
14th Amendment and the equal protection clause
Majority-minority districts can be challenged by voters if race is the only factor in their creation
Marbury v. Madison
Jurisdiction clauses of Article 3 of the Constitution at stake.
Article 13 of the Judiciary Act conflicts with Article 3 of the Constitution and therefore Article 13 of the Judiciary Act is unconstitutional.
Judicial review: the Supreme Court (after this case) became the final interpreter of the Constitution. The Supreme Court has the power to strike down or uphold laws passed by Congress based on their constitutionality.
Griswold v. Connecticut
right to privacy “created”
penumbra theory:
1st, 4th, 5th, 9th and 14th amendments
