FSOT Test #2 2025 Questions and
Answers 100% pass
Mculloch v Maryland - ✔✔- constitution has right to enact laws beneficial to
country, in this case, central bank
Marbury v Madison - ✔✔- John Marshall enacted judicial review. Was regarding
james madisons appointments after he was out of office
Gibbons v Ogden - ✔✔- Each had a permit, one federal, and one state, this ruling set
up the supremacy clause that federal law takes priority
Dred Scott vs Sandford - ✔✔- Each had a permit, one federal, and one state, this
ruling set up the supremacy clause that federal law takes priority
Charles River Bridge - ✔✔-The responsibility of government is to "sacredly guard"
the rights of property for the prosperity of the community.
Munn vs Illinois - ✔✔-Companies that serve the public good/interest are subject to
regulations by government. This also made it clear that complains on these
regulations should be taken to the legislators, not the courts
Plessy v. Ferguson, 1896 - ✔✔-Jim Crow laws are constitutional under the doctrine of
'Separate but Equal.' One dissenting opinion came from Marshall Harlan
Lochner vs New York - ✔✔Seen as overreach by judges in favor of laizze-faire
economics. This ruling struck down the NY law requiring a maximum hours bakers
could work, saying that employees have a right to contract.
COPYRIGHT © 2025 BY EMILLY CHARLOTTE, ALL RIGHTS RESERVED 1
,Judges invented novel economic "rights" — most notably "substantive due process"
and "liberty of contract" — that they engrafted upon the Due Process Clause of the
Fourteenth Amendment.
Schenck v. United States, 1919 - ✔✔Speech that presents a "clear and present danger"
to the security of the United States is in violation of the principle of free speech as
protected by the First Amendment to the Constitution.
Based on a man who passed out socialists propaganda telling people not to enlist in
warm. It was during time of war and presented "clear and present danger". This
stood for half century
Near v. Minnesota, 1931 - ✔✔"The liberty of the press is safeguarded from invasion
by state action."
Although the First Amendment ensures a free press, until this case, it only protected
the press from federal laws, not state laws. Minnesota shut down J. M. Near's
Saturday Press for publishing vicious antisemitic and racist remarks. In what is
regarded as the landmark free press decision, the Court ruled that a state cannot
engage in "prior restraint
Brown v. Board of Education, 1954 - ✔✔"In the eld of public education, the doctrine
of 'separate but equal' has no place."
This unanimous decision marked the beginning of the end for the "Separate But
Equal" era that started with Plessy, and the start of a new period of American race
relations. With Brown, desegregation of public schools began—as did resistance to it.
Ten contentious years later, the Civil Rights Act of 1964 made racial equality a
matter of federal law.
Mapp v. Ohio, 1961 - ✔✔Evidence that is illegally obtained by the state may not be
used against a defendant in court.
Extended notion that federal AND states need to obtain evidence legally. Prior to
this it was only feds who had to
COPYRIGHT © 2025 BY EMILLY CHARLOTTE, ALL RIGHTS RESERVED 2
, Dealt with Arresting ms. Mapp for possessing "obscene" books
Baker vs Carr- anti germandering - ✔✔held that the states must meet a
Constitutional standard for appointment: districts cannot be drawn in such a way
that they violate the Equal Protection clause of the 14th Amendment.
Engel v. Vitale, 1962 - ✔✔Public institutions (i.e., a school system) cannot require
prayer. Dealt with atheist who didn't want his kids to be forced to pray in schools.
Vitale was principal of the school in the case
Gideon v. Wainwright, 1963 - ✔✔Defendants in criminal cases have an absolute
right to counsel.
Gideon was too poor for a lawyer, he appealed to supreme court, which ruled that
all accused have the right to be provided counsel. Originally this only applied to
felonies but now applies cases facing 6month imprisonment or longer.
New York Times Co. v. Sullivan, 1964 - ✔✔To win a libel case, public gures must
prove "actual malice" on the part of the writer.
In 1964, the Times published an ad critical of an elected commissioner of an Alabama
city. The commissioner sued for libel and won. The Supreme Court overturned that
ruling, and said that, to ensure "uninhibited, robust and wide-open" debate about
public gures, the law must protect writers from libel suits.
Miranda v Arizona - ✔✔You have to remain silent....5th amendment
Tinker v Des Moines - ✔✔The 1969 landmark case of Tinker v. Des Moines affirmed
the First Amendment rights of students in school. The Court held that a school
district violated students' free speech rights when it singled out a form of symbolic
speech - black armbands worn in protest of the Vietnam War - for prohibition,
without proving the armbands would cause substantial disruption in class.
Could remember this by Tinker from lovejoy - cause he was in Vietnam
COPYRIGHT © 2025 BY EMILLY CHARLOTTE, ALL RIGHTS RESERVED 3
Answers 100% pass
Mculloch v Maryland - ✔✔- constitution has right to enact laws beneficial to
country, in this case, central bank
Marbury v Madison - ✔✔- John Marshall enacted judicial review. Was regarding
james madisons appointments after he was out of office
Gibbons v Ogden - ✔✔- Each had a permit, one federal, and one state, this ruling set
up the supremacy clause that federal law takes priority
Dred Scott vs Sandford - ✔✔- Each had a permit, one federal, and one state, this
ruling set up the supremacy clause that federal law takes priority
Charles River Bridge - ✔✔-The responsibility of government is to "sacredly guard"
the rights of property for the prosperity of the community.
Munn vs Illinois - ✔✔-Companies that serve the public good/interest are subject to
regulations by government. This also made it clear that complains on these
regulations should be taken to the legislators, not the courts
Plessy v. Ferguson, 1896 - ✔✔-Jim Crow laws are constitutional under the doctrine of
'Separate but Equal.' One dissenting opinion came from Marshall Harlan
Lochner vs New York - ✔✔Seen as overreach by judges in favor of laizze-faire
economics. This ruling struck down the NY law requiring a maximum hours bakers
could work, saying that employees have a right to contract.
COPYRIGHT © 2025 BY EMILLY CHARLOTTE, ALL RIGHTS RESERVED 1
,Judges invented novel economic "rights" — most notably "substantive due process"
and "liberty of contract" — that they engrafted upon the Due Process Clause of the
Fourteenth Amendment.
Schenck v. United States, 1919 - ✔✔Speech that presents a "clear and present danger"
to the security of the United States is in violation of the principle of free speech as
protected by the First Amendment to the Constitution.
Based on a man who passed out socialists propaganda telling people not to enlist in
warm. It was during time of war and presented "clear and present danger". This
stood for half century
Near v. Minnesota, 1931 - ✔✔"The liberty of the press is safeguarded from invasion
by state action."
Although the First Amendment ensures a free press, until this case, it only protected
the press from federal laws, not state laws. Minnesota shut down J. M. Near's
Saturday Press for publishing vicious antisemitic and racist remarks. In what is
regarded as the landmark free press decision, the Court ruled that a state cannot
engage in "prior restraint
Brown v. Board of Education, 1954 - ✔✔"In the eld of public education, the doctrine
of 'separate but equal' has no place."
This unanimous decision marked the beginning of the end for the "Separate But
Equal" era that started with Plessy, and the start of a new period of American race
relations. With Brown, desegregation of public schools began—as did resistance to it.
Ten contentious years later, the Civil Rights Act of 1964 made racial equality a
matter of federal law.
Mapp v. Ohio, 1961 - ✔✔Evidence that is illegally obtained by the state may not be
used against a defendant in court.
Extended notion that federal AND states need to obtain evidence legally. Prior to
this it was only feds who had to
COPYRIGHT © 2025 BY EMILLY CHARLOTTE, ALL RIGHTS RESERVED 2
, Dealt with Arresting ms. Mapp for possessing "obscene" books
Baker vs Carr- anti germandering - ✔✔held that the states must meet a
Constitutional standard for appointment: districts cannot be drawn in such a way
that they violate the Equal Protection clause of the 14th Amendment.
Engel v. Vitale, 1962 - ✔✔Public institutions (i.e., a school system) cannot require
prayer. Dealt with atheist who didn't want his kids to be forced to pray in schools.
Vitale was principal of the school in the case
Gideon v. Wainwright, 1963 - ✔✔Defendants in criminal cases have an absolute
right to counsel.
Gideon was too poor for a lawyer, he appealed to supreme court, which ruled that
all accused have the right to be provided counsel. Originally this only applied to
felonies but now applies cases facing 6month imprisonment or longer.
New York Times Co. v. Sullivan, 1964 - ✔✔To win a libel case, public gures must
prove "actual malice" on the part of the writer.
In 1964, the Times published an ad critical of an elected commissioner of an Alabama
city. The commissioner sued for libel and won. The Supreme Court overturned that
ruling, and said that, to ensure "uninhibited, robust and wide-open" debate about
public gures, the law must protect writers from libel suits.
Miranda v Arizona - ✔✔You have to remain silent....5th amendment
Tinker v Des Moines - ✔✔The 1969 landmark case of Tinker v. Des Moines affirmed
the First Amendment rights of students in school. The Court held that a school
district violated students' free speech rights when it singled out a form of symbolic
speech - black armbands worn in protest of the Vietnam War - for prohibition,
without proving the armbands would cause substantial disruption in class.
Could remember this by Tinker from lovejoy - cause he was in Vietnam
COPYRIGHT © 2025 BY EMILLY CHARLOTTE, ALL RIGHTS RESERVED 3
