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Politics of the United States
15 Required SCOTUS Cases
Terms in this set (28)
Brown v. Board of Education— year and vote
Brown v. Board of Education— question?
Does the segregation of public education based solely on race violate the Equal Protection Clause of the Fourteenth Amendment?
Brown v. Board of Education— facts?
•consolidated cases in Kansas, SC, Virginia, Delaware, DC, regarding segregation
•overruled Plessy v Ferguson (sepárate but equal)
•Wareen used language understandable by everyone so that all Americans would understand its logic
Brown v Board of Education— Majority opinion
• Separate but equal is never equal, it violates the Equal Protection Clause of the 14th Amendment
• segregation creates a feeling of inferiority which is detrimental to society
Brown v Board of Education— Dissenting Opinion
Trick question!! None!!
Brown v. Board of Education— impact?
•Incorporation case... incorporates 14th Amendment
•Ends de jure discrimination, paves the way for Affirmative Action
McCulloch v. Maryland— year and vote
McCulloch v. Maryland— issue
Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers?
McCulloch v. Maryland— facts
•1816, Congress chartered The Second Bank of the United States.
•1818, the state of Maryland passed legislation to impose taxes on the bank.
•James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax.
•State appeals court held that the Second Bank was unconstitutional (unlisted)
McCulloch v. Maryland— majority opinion
•Congress has the power to incorporate a bank, and Maryland CANNOT tax it
•Necessary and Proper Clause (1.8)
• "necessary" means "appropriate or legitamate"
McCulloch v. Maryland— dissenting opinion
Trick!!!! None!!! Unanimous!
McCulloch v. Maryland— impact
•First time the 1.8 had been given a broad interpretation— establishing a bank was necessary
•From now on, most congressional acts are justified through 1.8
United States v. Lopez— year and vote
US v. Lopez— issue
Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in school zones, Unconstitutional because it exceeds the power of Congress to legislate under the commerce clause?
US v Lopez— facts and history
•Lopez carries a concealed weapon into his HS
•Charged under Texas law with firearm possession on school premises
•Charges dismisses after federal agents charged Lopez with violating a federal criminal statue, the GFSZA of 1990
•Lopez was found guilty
US v. Lopez— majority
•The 1990 Gun Free School Zones Act is unconstitutional
•guns in a school zone is not a matter of economic activity
•guns in schools are bad, but it's up to the states to handle it
US v Lopez— dissenting
•The Gun Free School Zones Act falls within the Commerce Clause power as it has been interpreted by the court for the past century
•"significantly affects" interstate commerce
US v Lopez— impact
•First time that the power was taken away from Congress under 1.8
•Opposite of McCulloch v Maryland... from now on, 1.8 is seen with more scrutiny
Engel v Vitale- year and vote
Engel v Vitale— issue
Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the first amendment?
Engel v. Vitale— facts
•NY Board of Regents authorizes a short, voluntary prayer for recitation at beginning of school day
•Several organizations band together, saying it violates Establishment Clause
•NY state court of appeals rejects their arguments
Engel v Vitale— Majority
•the state cannot hold prayer in public school, even if participation is optional, nondenominational
•policy breached constitutional wall of separation between church and state
•since the prayer was administered by teachers, who are state workers, breached church v state
Engel v Vitale— dissenting
"No official religion" was established by permitting those who want to say a prayer to stop it
Engel v Vitale— impact
•the establishment clause was interpreted strictly, and this sets the precedent for future strict interpretation
Wisconsin v Yoder— vote and year
Wisconsin v Yoder— issue
Did Wisconsin's requirement that all parents send their children to school at least until the age of 16 violate the first amendment by criminalizing the conduct of parents who refuse to send their children to school for religious reasons?
Wisconsin v Yoder— facts
•Jonas Yoder and Wallace killer are Amish and are prosecuted under a law that requires all children to attend public school until 16
•They refused to send to school after 8th grade— it is against their religion to go to high school
Wisconsin v Yoder— majority
•individuals interest in the free exercise of religion under the 1st amendment outweighed the states interest in compelling school attendance beyond eighth grade
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