Notable Court Cases

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AP Government and Politics › Notable Court Cases

Questions 1 - 10
1

The Supreme Court case Marbury v. Madison established that __________.

the Court has the right to overturn an act of Congress

the government has the right to establish a national bank

Congress has the exclusive right to regulate interstate commerce

slaves would count for three-fifths representation when states were apportioning seats in Congress

the Supreme Court has the right to review all constitutional amendments

Explanation

The Supreme Court case of Marbury v. Madison (1803) centered around Secretary of State James Madison trying to block the appointment of certain court justices even though they had been approved by the Senate. The Court's ruling established several different precedents, but by far the most important was that the Court had the right to overturn acts of Congress and deem them unconstitutional. This was not a power explicitly given to the Supreme Court in the Constitution, and the decision was highly controversial at the time.

2

In which landmark case did the Supreme Court rule that Congress has implied powers under the Necessary and Proper Clause?

McCulloch v. Maryland

Marbury v. Madison

Miranda v. Arizona

Brown v. Board of Education

Plessy v. Ferguson

Explanation

In 1816, Congress wanted to create a national bank in the United States. However, many states disagreed with this decision because creating a national bank led to economic depression. Thus, Maryland passed laws placing a tax on the bank, but a cashier with the bank (James McCulloch) refused to pay the tax. When this case reached the Supreme Court, the Court decided that although the Constitution did not explicitly allow Congress to create a national bank, it did allow Congress to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers," a clause found in Article 1, Section 8 of the U.S. Constitution. This is known as the "necessary and proper" clause, allowing the federal government to create the bank.

Marbury v. Madison created judicial review. Miranda v. Arizona created Miranda rights. Both Plessy v. Ferguson and Brown v. Board of Education involved the Equal Protection Clause of the Fourteenth Amendment.

3

Which of the following Supreme Court cases enforced students' right to due process of law?

Goss v. Lopez

Miranda v. Arizona

Engle v. Vitale

Grutter v. Bollinger

Explanation

In Goss v. Lopez the Supreme Court ruled that states that provide free education for all cannot deprive the right to due process from its students. Miranda v. Arizona established that people must be read their rights at the time of an arrest. Engle v. Vitale prohibited prayer in schools. Grutter v. Bollinger allowed colleges to promote diversity.

4

Which of these were not referred to in the Supreme Court decision Fletcher v. Peck (1810)?

Habeus corpus

Bills of attainder

Ex post facto laws

Legal sale of an estate

The invalidation of Georgia's prior legislation

Explanation

In the Supreme Court decision Fletcher v. Peck, the Court found that Georgia’s voided laws that had, when enacted, granted Peck land were not constitutionally allowed to nullify the land deal between Peck and Fletcher. This deal had occurred years after Peck’s original acquisition. The Court noted that bills of attainder and ex post facto laws are unconstitutional, so the legal sale of the estate from Peck to Fletcher was constitutional. This invalidated Georgia’s legislation.

Habeas corpus is protection from unlawful imprisonment, and does not relate to this case.

5

Gideon v. Wainwright incorporated a right to what? (HINT: The 6th Amendment)

Counsel for indigents

A right to a speedy trial

A right to a jury trial

The right to be represented by the best lawyer in your state for free

None of the answers are correct

Explanation

Gideon v. Wainwright \[somewhat\] famously incorporated the 6th Amendment's guarantee of representation even to those who cannot afford it (so-called indigent ("poor") counsel). There's also a movie about this case called "Gideon's Trumpets."

The answer, "the right to be represented by the best . . ." may sound tempting, but it is not true. The state must provide you with counsel if you cannot afford it (if you want it, that is), but there's no requirement that your representation be the best.

The other answers are different Amendments that were not relevant to the case.

6

What Amendment did Congress reinforce and protect in the narrow decision Texas v. Johnson, in which Johnson was charged under Texas law for burning an American flag in political protest_?_

1st Amendment

4th Amendment

5th Amendment

8th Amendment

9th Amendment

Explanation

The Supreme Court determined that Johnson was protected under his 1st Amendment right of free expression, especially because his act was inherently political. It is not in the hands of officials to determine the sanctity of symbols, as that would go directly against the 1st Amendment. Neither disgust nor disapproval constitutes enough legal weight to restrict expressiveness.

7

Which court case was not decided by the Warren Court?

Roe v. Wade, which officially decriminalized abortion

Mapp v. Ohio, in which it was decided that illegally obtained evidence could not be used in court.

Brown v. Board of Education, in which the precedent of "separate but equal," which was established by the "Plessy v. Ferguson," was determined unconstitutional

Gideon v. Wainwright, in which it was decided that the defendant in a felony trial must be given a lawyer free of charge if he of she could not afford one on his or her own

Baker v. Carr, which ordered that state legislative districts should be as close as possible in terms of population

Explanation

The Warren Court did establish the right to privacy through its 1965 decision in the case of Griswold v. Connecticut, but Warren had retired by 1973 when the court, led by Chief Justice Warren Burger, made the landmark Roe v. Wade decision.

8

Which Supreme Court case held that the States are bound by the decisions of the Supreme Court and cannot nullify the decisions of the Federal courts even if they disagree with them?

Cooper v. Aaron

Mapp v. Ohio

Roe v. Wade

Texas v. Johnson

Terry v. Ohio

Explanation

The Supreme Court case of Cooper v. Ohio (1958) revolved around the issue of segregation in the South, particularly the attempts by some Southern authorities to continue segregation even after the landmark ruling of Brown v. Board of Education. In Cooper v. Aaron, the Supreme Court ruled that the States were bound by the decisions of the Supreme Court and could not nullify the decisions of the Federal courts.

9

In the Supreme Court case McCulloch v. Maryland (1819), which of these Congressional powers were invoked by the Court in the decision?

Unenumerated powers

Appointment powers

War powers

Postal powers

Impeachment powers

Explanation

In the Supreme Court decision McCulloch v. Maryland, the Court found that Maryland did not have the power to tax the national government. Congress has enumerated powers spelled out in Article 1, Section 8 of the Constitution, and the Supreme Court expounded on the unenumerated, or non-disclosed powers Congress also possesses.

10

In the Supreme Court decision Mapp v. Ohio (1961), the Court ruled that the __________ amendment had been violated when police discovered obscene materials during an illegal search of a home, rendering a notable verdict with the use of the ____________.

4th Amendment . . . exclusionary rule

3rd Amendment . . . separate but equal clause

6th Amendment . . . Miller test

7th Amendment . . . Fairness Doctrine

9th Amendment . . . judicial review

Explanation

The police admitted that the search was illegal in this instance, even though they discovered obscene materials and charged Mapp with a crime. The appellant, Mapp, argued to the Supreme Court that it was a situation where expressing herself in her own privacy was protected by the 1st Amendment, but the Court ruled in her favor through the 4th Amendment. The 4th Amendment protects against unlawful search and seizure, and bestows the right of security in one’s home. The exclusionary rule allows for much evidence to be ruled inadmissible as evidence in court.

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