AP Gov Supreme Court Cases – Flashcards

Schools may safeguard students from things against school policy. The event (Frederickson brought banner "BONG HITS FOR JESUS" pep rally) occurred during schools hours, and district's student-conduct applied.

The Supreme Court recognized that wearing of an armband for expressing certain views is a type of symbolic act that is within the Free Speech Clause of the First Amendment. The wearing of armbands in this case was not an actual or potentially disruptive conduct.

Necessary and Proper Clause permits Congress to take action. In order to safeguard the powers of Congress (i.e create national bank)

Commerce clause gives national government the power to regulate interstate commerce

Recognized the ability of federal government to regulate economic activity. The Supreme Court ruled that Farmer Filburn was affecting interstate commerce when he produced more than the allotted wheat, even though he wasn't selling it, because it meant that there was less chicken feed that he was buying.

Congress could use the Commerce Clause to force private businesses to comply with the Civil Rights act of 1964. Motel in Georgia refused to rent rooms to blacks, and that doing so was a violation of 5th (deprivation without due process of law) and 13th amendment (involuntary servitude).

Considered the limitations the Constitution places on the authority of Congress when it uses its authority to influence the individual states in areas of authority normally reserved to the states. It upheld the constitutionality of a federal mandate that withheld federal funds from states whose legal drinking age did not conform to federal policy (withholding 5% of federal highway funds if legal drinking age not over 21).

National Government cannot regulate matters not directly linked to interstate commerce (banning guns in school).

Parts of the Violence Against Women Act of 1994 (women are no longer able to sue their attackers directly in federal court) were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the 14th Amendment.

Courts upheld Congress' ability to enact most provisions of the Patient Protection and Affordable Care Act (mandatory health care is extension of Congress taxing power; not Commerce Clause or Necessary and Proper).