Rolling Assessment Supreme Court Cases #1 (6)

Marbury vs Madison

Relevant Background of Case	Clauses, Articles, Amendments (Explained)	Ruling/Holding of the Case/Significant Quote
Election of 1800 - Jefferson wins and Adams & Federalists voted out.  Before Adams left he appointed as many Federal Judges as possible up to the last minute (midnight judges).  One of them, Marbury was selected but just did not receive his appointment before Adams left office so it was left on the desk for the new Sec of State to deliver (Madison) who decided not to do so.  Marbury sued seeking SCOTUS to make someone give him his appointment. Judiciary Act of 1789	Article III of Constitution  Judicial Branch interprets laws	Unanimous in favor of Marbury Yes Marbury should get his appointment  BUT… SCOTUS does not have power to grant writ of mandamus (take action) SO Judiciary Act of 1789 is unconstitutional (ESTABLISHES JUDICIAL REVIEW FOR FIRST TIME)

McCulloch vs Maryland

Relevant Background of Case	Clauses, Articles, Amendments (Explained)	Ruling/Holding of the Case/Significant Quote
US govt est a 2nd National Bank of the United States (BUS) and Maryland not liking the competition for its state banks imposed a massive tax on the federal BUS.  McCulloch, the BUS manager, refused to pay the tax.  Maryland argued the US did not even have the right to create a BUS.	Article I Sec 8 - Necessary & Proper Clause federal govt can do what is necessary to fulfill their Constitutional duties.	Unanimous in favor of McCulloch  BUS is allowed under the Necessary & Proper Clause as it is an Implied Power  Also States cannot TAX the Federal Govt. due to the Supremacy Clause.

Baker vs Carr

Relevant Background of Case	Clauses, Articles, Amendments (Explained)	Ruling/Holding of the Case/Significant Quote
TN had not redistricted in 60 years creating malapportioned districts favoring rural districts over the increasingly populated urban areas.  TN state courts called this a non justiciable matter.	14th Amendment  - equal protection clause states must grant rights to all its citizens	6-2 in favor of Baker  SCOTUS can rule on redistricting / apportionment (justiciable) and states must maintain the principle of “one man, one vote”.

Shaw vs Reno

Relevant Background of Case	Clauses, Articles, Amendments (Explained)	Ruling/Holding of the Case/Significant Quote
After 1990 Census, NC gained a Congressional seat through apportionment. After redistricting & submitting its plan for adding one clearly Black - majority district for preclearance (Voting Rights Act of 1965), the Attorney General, Reno, told NC to create a 2nd Black-majority district - which it did through an oddly shaped district that was then challenged by 5 citizens.	14th Amendment  - Equal Protection Clause states must grant rights to all its citizens	5-4 in favor of Shaw Racial gerrymandering is not allowed… Shape and size of the district made the intended outcome of this redistricting apparent.  Strict Scrutiny test must be applied when reviewing actions of govt dealing with policies dealing with race.

United States vs Lopez

Relevant Background of Case	Clauses, Articles, Amendments (Explained)	Ruling/Holding of the Case/Significant Quote
Lopez brought concealed gun to High School  in Texas and was charged with state law and then with stricter federal law - Gun Free School Zones Act.  Congress used the commerce clause to create the Gun Free School Zones Act (1990). Lopez was found guilty and sentenced to 6 months in jail.  GFSZ Act was attempt by Congress to regulate guns.	Article I Sec 8  - Commerce Clause Congress can regulate interstate business	5-4 in favor of Lopez Commerce Clause cannot be used for Congress to regulate the transportation of guns because there is no substantial economic activity. The Gun Free School Zones Act was ruled unconstitutional.

Citizens United vs Federal Election Commission

Relevant Background of Case	Clauses, Articles, Amendments (Explained)	Ruling/Holding of the Case/Significant Quote
Citizens United made & intended to show a documentary about Hillary Clinton during the 2008 primaries.  The FEC attempted to block this under the Bipartisan Campaign Reform Act that limited “electioneering communications”/soft money.  Citizens United challenged BICRA in federal court.	1st Amendment  - Freedom of Speech	5-4 in favor of Citizens United  Essentially spending money on elections is a form of free speech and as such cannot be limited.   Leads to the creation/expansion of Super PACs and SOFT $ in elections.