Judicial Power & Federalism
A citizen argues that a federal law is unconstitutional and asks the Supreme Court to strike it down. What power allows the Court to do this, and which case established it?
What is judicial review and Marbury v Madison
Case in which school-sponsored prayer was ruled unconstitutional.
What is Engel v Vitale?
In this case, students were constitutionally protected in the wearing of armbands as protest.
What is Tinker v Des Moines?
This case selectively incorporated the right to an attorney in felony cases.
What is Gideon v Wainwright?
This case, while recently overturned, recognized the right to abortion under privacy doctrine
What is Roe v Wade?
This case upheld implied powers and the national bank.
What is McCulloch v Maryland?
Case in which Amish parents removed children from school for religious reasons.
What is Wisconsin v Yoder?
In this case, the government's prior restraint was curtailed.
What is NYT v United States?
This case selectively incorporated the second amendment.
What is McDonald v Chicago?
A state election law imposes only minor burdens on voting access. A voter challenges it. What type of balancing test would the Court most likely use?
What is the Anderson-Burdick balancing test
This case limited Congress's commerce clause power (gun-free school zones)
What is United States v Lopez?
In Texas, state officials have supported efforts to incorporate Bible-based lessons and materials into public school classrooms. Some teachers begin class by reading passages from the Bible aloud to students. Which case & clause are most relevant?
What is Engel v Vitale and the Establishment Clause
This case established the current test for when speech is protected.
What is Brandenburg v Ohio?
This clause is used to apply rights to states (selective incorporation)
What is the 14th Amendment's Due Process Clause?
A state draws oddly shaped congressional districts that appear to separate voters based on race. Voters challenge the districts as unconstitutional. Which case is most relevant?
What is Shaw v Reno?
A state taxes a federal institution. Which case and clause BEST apply?
What is McCulloch v Maryland (supremacy clause)?
A law burdens religious practice, but the state argues it serves an important public interest. This case would be cited in defense of the individual’s claim.
What is Wisconsin v Yoder?
In this case, a person distributed leaflets encouraging resistance to the draft, during wartime. The government arrests them.
What is Schenck v United States?
A defendant that is denied a lawyer in a state felony case would cite this precedent in their appeal.
What is Gideon v Wainwright?
A couple challenges a state law banning contraception, arguing that multiple amendments imply a broader right to privacy. What constitutional concept are they using, and which case supports it?
What are penumbras and Griswold v Connecticut?
This case established that redistricting issues can be heard by federal courts, making them justiciable.
What is Baker v Carr?
In this case, a city's law banning animal sacrifice (after a religious group establishes a church that practices ritual animal sacrifice) was ruled unconstitutional.
What is Church of Lukumi Babalu Aye v City of Hialeah?
The government limits how much corporations can spend on political advertisements during elections. A corporation challenges the law as unconstitutional. Which case is most relevant?
What is Citizens United v FEC
A defendant is arrested and claims the government failed to provide proper legal protections (notice, attorney, fair trial). What type of constitutional challenge is this?
What is procedural due process
A state passes a law that treats citizens differently based on race. A group challenges the law as unconstitutional. What standard of review would the SCOTUS most likely apply?
What is strict structiny?