Court Cases

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6 Terms

1

Marbury v Madison

Court order not delivered, writ of mandamus unconstitutional, judicial review

JUDICIARY ACT 1789, ARTICLE III, JUDICIAL REVIEW

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2

Baker v Carr

Baker won, Tennessee lost. Malapportionment wasn’t a political question. Court could hear 14th amendment questions.

14TH AMENDMENT

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3

Shaw v Reno

Majority minority districts can be challenged if it’s done along racial lines even if it’s done to increase representation. Had a blow to the voting rights act of 1965. They considered it segregation.

14TH AMENDMENT

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4

U.S. v Lopez

Gun free school zones act is unconstitutional because it doesn’t affect interstate commerce. For the first time in 50 years the supreme court overruled a law created with the commerce clause. Holding argued that the federal government was regulating far too much. Major victory for state’s rights

GUN FREE SCHOOL ZONES ACT, COMMERCE CLAUSE

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5

McCulloch v. Maryland

Congress can establish a national bank, states may not tax the federal government. These are victories for the federal government. Necessary and proper clause cited, implied powers wins.

SUPREMACY CLAUSE, NECESSARY AND PROPER CLAUSE

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6

Citizens United v. F.E.C.

Companies and unions were individuals who had free speech protections, and the limits on political advertising were partially lifted. Holding was that political speech was essential to democracy.

1ST AMENDMENT

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