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SCOTUS - APGov

Required SCOTUS Cases for the AP Exam

QuestionAnswer
McCulloch v. Maryland background Congress created second national bank. Maryland tried to tax national bank. McCulloch refuses to pay tax.
McCulloch v. Maryland constitutional issue SUPREMACY CLAUSE: does state have power to tax federal? (Answer: No) Necessary and Proper Clause: does National Gov have power o set up a bank? (Answer: Yes)
McCulloch v. Maryland holding expanded Federal Power, limited state power, Gov has implied powers
US v. Lopez background Congress had passed the Gun Free School Zone Act using justification by the commerce clause, saying guns in school make kids feel unsafe, affecting their education, harming future economy. Lopez brings gun to school., charged by state
US v. Lopez charges State charges Lopez for bringing gun to school. Congress dismissed state charges and re charged him with federal criminal charge under the commerce clause
US v. Lopez constitutional issue Commerce Clause: does Congress have authority to regulate guns in school via commerce clause? (answer: no)
US v. Lopez holding Checks federal power (to make laws under commerce clause)
Citizens United v. FEC background BCRA, McCain Feingold banned corporations from spending prior to election (30 days primary, 60 days general) (electioneering) Citizens United released "Hillary" 2008 bashing democrats. In 2004 Michael Moore released F911 bashing George Bush
Citizens United v. FEC charges Citizens United was a corporation so Federal Executive Committee ruled against their release of Hillary
Citizens United v. FEC Constitutional issue corporation speech banned? Direct contributions banned?
Citizens United v. FEC Holding BCRA parts that banned corporation speech = unconstitutional. Corporations are made up of people so they are protected under 1 Amendment. Corporations cannot directly contribute to campaigns, limit hard money
Citizens United v. FEC Significance Super PACs companies way around hard money limits. Campaign spending go up.
Marbury v. Madison Article 2 - Marbury entitled to commission, but court couldn't grant it because the Judiciary Act of 1789 was unconstitutional, Congress can't pass laws inconsistent with the Constitution. ESTABLISHED JUDICIAL REVIEW
Engel v. Vitale Schools recite prayer, does it violate First Amendment Establishment Clause? States no hold prayers in school even participation is voluntary. Promoting a religion over none is a violation. Showed a weakness in Supreme Court due to lack of enforcement.
Wisconsin v. Yoder Did law mandating school attendance until 16 violate Free Exercise Clause if Amish left school after 8th grade? Wis. can't compel attendance. Expands religious rights.
Tinker v. Des Moines Students suspended for protesting w/ black armbands, does violate 1st Amend? Yes. Students have free speech rights even at school. Nondisruptive (symbolic) speech can't be limited. Increases student rights.
Schenck v. United States Says draft violates 13th amend. He was convicted under Espionage act. Does this violate 1st Amend? No. Created "clear and present danger" Time Place Manner. (Limited Free Speech)
McDonald v. Chicago residents denied license for guns, McD wanted a gun for self defense. Does 2nd amendment apply to states through 14th? (Selective Incorp.) Yes. Increased gun rights, individual liberty, decreased gov power
NYT v. US Nixon tried to block Pentagon Papers. Does violate 1st Amend. Freedom of Press? Gov doesn't have right to block. Set bar against censorship (prior restraint) established gov can only block "grave and irreparable" danger.
Gideon v. Wainwright Does 6th amend right to counsel apply to poor/state? Yes. States must provide attorney for those who can't afford one, through 14th Amendment.
Created by: elladunmire
 

 



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