AP Government and Politics › Impact of Notable Court Cases
Which of these congressional powers has been most frequently contested in the courts throughout American history?
Interstate commerce
The establishment of post offices and banks
Taxation
Maintaining a standing army
Regulating trade with foreign nations
The Congressional power to regulate interstate commerce has been challenged consistently and often throughout American history. As new technology emerges that allows commerce to be conducted in different ways it is pretty much guaranteed that a court ruling will become necessary to reaffirm Congress’ sole right to regulate interstate commerce. Such as Gibbons v. Ogden (1824) after the invention of the steamboat required a ruling on Congress’ right to regulate interstate commerce along a river.
What was the conclusion of South Dakota v. Dole in 1987?
The Congressional power to spend money allows Congress to set the rules and place conditions on federal grants
Congress has exclusive power over commerce
The government must provide just compensation using fair market value when taking private property
States cannot interfere with private business
Police powers include the power of spending and distributing funding across the state
South Dakota would not receive highway funds if they did not raise the legal drinking age from 19 to 21. Is it permissible for the federal government to place conditions or "strings" on federal funds? In South Dakota v. Dole, it was concluded that yes, the Congressional power to spend money allows Congress to set the rules and place conditions on federal grants.
What was the basis of the verdict in Mapp v. Ohio?
The exclusionary rule
The Necessary and Proper Clause
The right to privacy
The Equal Protection Clause
The Commerce Clause
When Dollree Mapp was suspected of criminal activities, the police searched her home. During their search, they found obscene photos and subsequently arrested Mapp. Though she was sent to prison, Mapp appealed her case with the claim that the police violated her fourth amendment rights against unreasonable searches. The Supreme Court ruled in Mapp's favor, stating that evidence obtained when the police violated her fourth amendment rights was invalid. This is known as the exclusionary rule.
Select the category of discrimination that the Supreme Court most strictly regards and most often rules against.
Racial and/or ethnic discrimination
Gender discrimination
Discrimination on the basis of sexual orientation
Age discrimination
While the Supreme Court takes any claim of discrimination quite seriously, it applies its strictest standards, most rigorous reviews, and most often rules against acts of racial and/or ethnic discrimination. When the Court accepts any case which alleges discrimination, the justices first apply standards of review, or a tiered system of evaluation, to assess both the possible presence and severity of the alleged discriminatory activity. In most instances, the Court upholds only those alleged acts of discrimination which can be proven to be “reasonable” – this means that as long as the defendant is able to show that the restriction in question has a logical and necessary purpose, then no qualified discriminatory act was therefore committed. For example, perhaps a worker in their seventies is fired and so sues their employer for age discrimination. If the employer can show that the job which s/he manages requires physical and mental fitness (or other priorities which diminish with age), then the Court will most likely rule that no age discrimination was committed and the elderly worker will have lost their case. However, the Court pays special attention to alleged instances of racial and/or ethnic discrimination, which it views with automatic skepticism and therefore evaluates with the strictest possible standards in mind. An employer who is accused of racial bias, for example, must prove before the Court that s/he is innocent; the Court does not take into consideration the so-called logic of the restrictive action (as with age and/or gender discrimination) and most often finds the defendant guilty.
Which Supreme Court case ruled that it was constitutionally sound to require only men to register for the draft and military service?
Rostker v. Goldberg
United States v. Virginia
United States v. Texas
Roe v. Wade
Gibbons v. Ogden
The Supreme Court case, Rostker v. Goldberg (1981), held that the law requiring only men to register for the draft and for military service was constitutionally sound and could stand. The issue arose after President Carter reinstituted the draft in 1980, following the Soviet invasion of Afghanistan, and recommended that women be included as possible draftees.
The Supreme Court case Tinker v. Des Moines established that __________.
The First Amendment applies to the rights of students in American public schools as long as those rights do not distract from educational purposes
speech intended to instill fear is unconstitutional
a lawyer must be provided by the state or local government if an individual is unable or unwilling to pay for one
accused individuals must be reminded of their rights by arresting police officers
the internment of certain individuals is permissible during war if those individuals represent a threat to the security of the rest of the population
The Supreme Court case, Tinker v. Des Moines (1969), centered around several school children from the Tinker family who wore black wristbands to school to show solidarity for the end of the Vietnam War. Those students were suspended by the school, and their case eventually came before the Supreme Court of The United States. The Court ruled that schools could not violate the First Amendment rights to freedom of speech and expression of students in public schools unless those rights constituted an overt distraction from educational pursuits.
The Supreme Court case, Lawrence v. Texas established that __________.
states could make no laws regarding the legality of same-sex relationships
states were free to decide the issue of abortion for themselves
Creationism and evolution theory should be treated with equal respect and attention in the classroom
same-sex relationships were not protected under the Constitution
abortion should be legalized throughout the United States
The Supreme Court case, Lawrence v. Texas (2003), established that states have no right to make laws regarding the legality of same-sex relationships. It essentially legalized all forms of same-sex relationships across the nation in one-stroke and perhaps paved the way to the current marriage equality reform that is sweeping across the United States.
Which Supreme Court case established that Congress could not ban slavery in a territory?
Dred Scott v. Sandford
New York Times v. Sullivan
Plessy v. Ferguson
Lawrence v. Texas
Brown v. Board of Education
The Supreme Court case, Dred Scott v. Sandford (1857), was a very important court ruling of the Nineteenth Century. It not only established that Congress could not ban slavery in the territory it also ruled that African-Americans, whether free or enslaved, could not be American citizens and therefore did not even have the right to bring a case before the Supreme Court. It was the intention of the Court, led by Chief Justice Taney, to end the question of slavery expansion into the territories that threatened to divide the United States in two. Ultimately the court case provoked such a vehement reaction in the North, especially among the Republican party, that the differences between the two sides were only further entrenched.
Which case is credited with establishing "separate but equal" doctrine?
Plessy v. Ferguson
Brown v. Board of Education
Griswold v. Connecticut
Bush v. Gore
Gibbons v. Ogden
Plessy v. Ferguson established the "separate but equal" doctrine in 1896. The court case established the practice of racial segregation in public facilities, which would be "separate, but equal." This doctrine was finally overturned by Brown v. Board of Education in 1954.
The Supreme Court case, Regents of the University of California v. Bakke __________.
reaffirmed the constitutionality of affirmative action as it applies to college admissions
prohibited same-sex marriage throughout the union
established that the Bill of Rights applies equally to the states as it does to the Federal government
upheld the right of private citizens to sue the United States government in court
abolished the right of public schools to hold mandatory prayer sessions
In the Supreme Court case, Regents of the University of California v. Bakke (1978), reaffirmed that affirmative action was constitutional, particularly as it applies to college admissions, although the court did also rule that setting aside a specific quota for minority students was not permissible. It helped define what exactly constitutes legal affirmative action and what does not.