AP US Government : Court Cases

Study concepts, example questions & explanations for AP US Government

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Example Questions

Example Question #1022 : Ap Us Government

What was the conclusion of South Dakota v. Dole in 1987?

Possible Answers:

The government must provide just compensation using fair market value when taking private property

Congress has exclusive power over commerce

The Congressional power to spend money allows Congress to set the rules and place conditions on federal grants

Police powers include the power of spending and distributing funding across the state

States cannot interfere with private business

Correct answer:

The Congressional power to spend money allows Congress to set the rules and place conditions on federal grants

Explanation:

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.  

Example Question #1023 : Ap Us Government

Which case is credited with establishing "separate but equal" doctrine? 

Possible Answers:

Gibbons v. Ogden

Bush v. Gore

Plessy v. Ferguson

Griswold v. Connecticut

Brown v. Board of Education

Correct answer:

Plessy v. Ferguson

Explanation:

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. 

Example Question #1024 : Ap Us Government

The court in Bowsher v. Synar held that Congress’s delegation of budget-cutting to the Comptroller General was unconstitutional for which of the following reasons?

Possible Answers:

 Violation of Separation of Powers

All of the answers are correct

None of the answers are correct

Violation of Due Process

 Violation Privileges and Immunities

Correct answer:

 Violation of Separation of Powers

Explanation:

This is another relatively difficult question. That said, there are a few clues that should have pointed you in the right direction. The correct answer is “violation of separation of powers.” The reasoning is fairly elemental, although the case may involve several positions with which you are not familiar. In essence, Congress delegated to the Comptroller General the ability to immediately slash the budget in the event that a level of the federal deficit were exceeded (this, of course, is somewhat oversimplified). Although the Comptroller General was subject to impeachment by Congress, the Court held that the Comptroller General’s ability to slash funds intruded on the rights of the Executive Branch, and thus was a violation of the separation of powers doctrine.

Example Question #1025 : Ap Us Government

The court, in INS v. Chadha held that which of the following “powers” claimed by Congress was unconstitutional?

Possible Answers:

The “one-house veto”

None of these

All of these

The line-item veto

The ability to delegate budget cuts to the Comptroller General

Correct answer:

The “one-house veto”

Explanation:

This is a difficult question. The Supreme Court struck down the legislative or one-house veto in INS v. Chadha. Mr. Chadha’s story is both sad an incredibly interesting. Chadha was born in Kenya (when it was a British colony) to Indian parents, and then traveled to the US on a visa. Neither Kenya, nor India (nor Britain) recognized him as a citizen, and he clearly was not a citizen of the US. Unfortunately for him, when his visa expired, he couldn’t get a renewal (because no country claimed him as a citizen), at which point the INS began deportation proceedings against him (although your guess is as good as mine as to where he was going to be deported). After Chadha objected, the INS stayed his deportation and alerted the House of Representatives. The House, however, used the “legislative veto” to override the stay and directed the INS to deport him. The case goes all the way to the Supreme Court, and SCOTUS strikes the legislative veto as unconstitutional—a violation of separation of powers.

Example Question #31 : Impact Of Notable Court Cases

In the Supreme Court case Reno v. ACLU, what did the Court invoke in order to clarify and legalize the 1996 Communications Decency Act? 

Possible Answers:

The Court relied on the 5th Amendment to determine that this was an instance of double jeopardy when Reno was found to have committed crimes of obscenity and not indecency

The Court determined that the 1996 Communications Decency Act was unconstitutional by citing the precedent set in the case of United States v. Lopez

The Court used the 1st Amendment to clarify the language of the 1996 Communications Act, delineating between indecency and obscenity

The Court cited the Equal Time Provision, noting that there must be a balance between both "wholesome" and "indecent" content in order to not infringe on the rights of citizens and broadcast networks, while also providing a safety barrier for children

The Court found the 1996 Communications Act to be constitutional on its own standing, establishing a new legal precedent, and they did not need to invoke any prior cases for the basis of their argument

Correct answer:

The Court used the 1st Amendment to clarify the language of the 1996 Communications Act, delineating between indecency and obscenity

Explanation:

In this case, the 1996 Communications Decency Act had language in it that sought to limit indecency and obscenity, particularly in the various forms of media (mail, television, internet, etc.). The Supreme Court ruled that the 1st Amendment had been seriously violated because of the broad speech in the Communications Act that failed to protect the rights of adult citizens (freedom of expression, namely).

Indecency can be protected by the 1st Amendment, but the Court uses the Miller test to determine if words or expressions are unlawful (obscene).

Example Question #1026 : Ap Us Government

Which standard evolved from the decision in the Supreme Court case Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)?

Possible Answers:

The undue burden standard

Fairness test

Equal time standard

The 24 hour standard

Miller test

Correct answer:

The undue burden standard

Explanation:

The Supreme Court Case Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) was a group response to several requirements for women to abide by if they decided to have an abortion. Pennsylvania had altered their abortion law to include requirements that including women having to wait 24 hours before going through with it and minors needing parental consent.

The Court upheld Roe v. Wade and women's right to choose for themselves, but also supported the legality of some of the Pennsylvania law. They also created the "undue burden" standard to create a scale by which to measure abortion laws throughout the states - if a law puts an undue burden on a women in one of these situations, then it can be reasonably inferred that it is unconstitutional.

Example Question #190 : Civil Rights, Amendments, And Court Cases

Select the category of discrimination that the Supreme Court most strictly regards and most often rules against.

Possible Answers:

Age discrimination 

Racial and/or ethnic discrimination 

Gender discrimination 

Discrimination on the basis of sexual orientation 

Correct answer:

Racial and/or ethnic discrimination 

Explanation:

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.

Example Question #1 : Interpretation Of Court Case Verdicts

In which of these cases did the Supreme Court first assert its power to strike down unconstitutional legislation?

Possible Answers:

Dred Scott v. Sandford (1857)

Gibbons v. Ogden (1824)

Marbury v. Madison (1803)

Plessy v. Ferguson (1896)

McCulloch v. Maryland (1819)

Correct answer:

Marbury v. Madison (1803)

Explanation:

Marbury v. Madison was the first case in which the Supreme Court asserted its powers of judicial review to strike down unconstitutional legislation. These powers have been the primary function of the Supreme Court throughout the history of the United States, and thus it makes sense that the case in which these powers were first asserted occurred very early in the country's history.

Example Question #1031 : Ap Us Government

What was the background to McCulloch v. Maryland?

Possible Answers:

A state, Maryland, attempted to give McCulloch an exclusive license to operate a steamboat in violation of interstate commerce

A state, Maryland, attempted to take McCulloch’s land without just compensation

A state, Maryland, attempted to tax a U.S. Bank branch and the bank cashier, McCulloch challenged the governor to a duel over it

A state, Maryland, attempted to give McCulloch an exclusive license to operate a steamboat in violation of interstate commerce

A state, Maryland, attempted to tax a U.S. Bank branch and the bank cashier, McCulloch, refused to pay it

Correct answer:

A state, Maryland, attempted to tax a U.S. Bank branch and the bank cashier, McCulloch, refused to pay it

Explanation:

Remember that McCulloch v. Maryland is a fairly early case, as cases go (1819), and that it was before the Marshall Court, so it probably had to do with expanding or limiting federal power. The backdrop to McCulloch is extremely interesting, and I encourage you to read about it, as we’ll discuss it only briefly here. Essentially, the bank of the U.S. gets re-chartered (that is, legislatively renewed), and it is immensely unpopular. What made it even worse, from the anti-bank point of view, was that it had branches (offshoot banks) in different states! If you guessed the Maryland was one of those states, you are correct.

Maryland, being rather anti-bank in sentiment, attempted to figure out a way to get rid of the pesky new bank without resorting to the time-honored approach of torching it. The next best thing, Maryland figured, would be to tax the bank out of existence. So, in a (failed) attempt to be subtle, Maryland levies a 2% tax on all “foreign” banks (that is, banks NOT chartered in Maryland). Since the Bank of the U.S. was not technically chartered in Maryland, Maryland attempted to enforce their law, and collect the tax from the bank agent, McCulloch.

Unsurprisingly, McCulloch decided he’d rather not pay the tax, and the case ensued. Maryland argued that the Constitution did not explicitly grant to Congress the power to create a bank, thus they should not be able to. Marshall, writing for the court, explains that while the Constitution does not explicitly grant Congress the power to charter a bank, it is one of Congress’ inherent powers under the Necessary and Proper Clause. Furthermore, given that Congress can charter a bank, Maryland may not tax it as the “power to tax involves the power to destroy” and the state cannot destroy the federal government, under the Supremacy Clause.

Example Question #2 : Interpretation Of Court Case Verdicts

Kelo v. City of New London dealt with what issue?

Possible Answers:

Eminent Domain

Affirmative Action

Gun Restrictions

Poll Taxes

Correct answer:

Eminent Domain

Explanation:

This 2005 Supreme Court case concerned the issue of eminent domain, as the City of New London, Connecticut wanted to take private property in order to sell it to private property developers so that they could develop the land and in the process create jobs and bring in more tax money. Kelo, and other property owners, felt that the city’s seizure of property was not protected by the 5th Amendment, which guarantees eminent domain, because the property was being taken for private citizens and businesses. The Supreme Court ruled 5-4 that the city could take the property, since selling it and developing it was designed to benefit everyone within the city and that purpose was protected under eminent domain.

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