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SCOTUS - APGov
Required SCOTUS Cases for the AP Exam
| Question | Answer |
|---|---|
| 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. |