Supreme court cases

Marbury v Madison (1803)

Establishes Judicial Review - federal courts have the ability to deem law or order unconstitutional.

McCulloch v Maryland (1819)

Maryland passed a tax on the national bank. Established that the government has implied powers through the necessary and proper clause. Also determined that federal government is supreme over the states; supremacy clause.

Schenck v United States (1919)

Enforced Espionage Act of 1917 after Schenck distributed pamphlets urging men not to respond to the draft. Determined first amendment did not cover speech that created a clear and present danger, especially in times of war.

Brown v Board of Education (1954)

Combination of cases across the states over segregation in schools. Determined that separate but equal was unconstitutional. Overturned plessy v ferguson.

Baker v Carr (1961)

Determined that courts could hear redistricting cases. Led to the concept of one man, one vote.

Engel v Vitale (1962)

Determined that it was unconstitutional for schools to establish a non-denominational prayer at the beginning of school. Clarified the establishment clause of the first amendment

Gideon v Wainwright (1963)

Gideon charged in Florida for crimes but was forced to represent himself (not provided lawyer). On appeal to SCOTUS, selectively incorporated the sixth amendment right to an attorney against the states.

Tinker v Des Moines Independent Community School District (1969)

Students planned to protest Vietnam war by wearing black armbands to school. Courts determined that students’ first amendment speech rights were violated. Establishes substantial disruption test for schools to determine what speech can be prohibited.

New York Times Co v United States (1971)

Nixon claimed executive authority to prevent the Times from publishing classified information. Court protected the first amendment freedom of the press in the case. Government has to prove that speech will create danger if seeking to prevent said speech. Sets a high bar for Prior Restraint.

Wisconsin v Yoder (1972)

Wisconsin law prevented student from dropping out of school until 16. Amish parent claimed it violated his religious practice to allow student to go to public high school. Court favored the parent, and clarified the free exercise clause of the first amendment.

Shaw v Reno (1993)

Gerrymandering based on race is held in strict scrutiny under the equal protection clause. Race may be used in gerrymandering to comply with the Voting Rights Act of 1965, as evident in Illinois District 4.

United States v Lopez (1995)

Challenge to the Gun-Free School Zones Act - challenging the power of Congress’ abilities under the commerce clause.

McDonald v Chicago (2010)

Selectively incorporated the second amendment’s right to bear arms against the states.

Citizens United v FEC (2010)

Conservative non-profit Citizens United produced Hillary: The Movie, to discourage people from voting for Clinton. Would be in violation of 2002 Bipartisan Campaign Reform Act. Certain aspects of BCRA overturned in this case; greatly increased soft money in politics. Restricting corporations from participating in politics was found to violate the first amendment free speech rights, as corporations are fundamentally just people.