Supreme Court Cases

Judicial Review

The power of courts to evaluate the constitutionality of legislative and executive actions

Judicial Review

Marbury v. Madison (1803)

Clause: Article III

Question: Did the 1789 Judiciary Act unconstitutionally expand the Supreme Court’s Jurisdiction? Could they compel ____’s commission?

Decision: The line was declared unconstitutional

Consider: Federalist 78, upheld laws before the courts could review them.

Federalism

A system of government in which power is divided between a central authority and constituent political units. It allows for multiple levels of government to coexist, each with its own responsibilities.

Federalism

McCulloch v Maryland (1819)

Clause: Article I Section 8 necessary and proper clause, Article VI supremacy clause, 10th admendment

Question: Is a national bank constitutional? Can a state tax a bank?

Decision: The Supreme Court ruled that creating a national bank was constitutional under the necessary and proper clause and that states cannot tax federal institutions.

Theme: Broad powers of national government beyond enumerated powers

Federalism

United States v Lopez (1995)

Clause: Article 1, Sec VIII, interstate commerce clause and necessary and proper clause, 10th admendment

Question: Can congress pass a law mandating gun free school zones?

Decision: The Supreme Court ruled that Congress exceeded its authority under the Commerce Clause, thereby invalidating the Gun-Free School Zones Act.

Theme: Conservative court turning power back to the states?

Bill of rights

The first ten amendments to the US Constitution, which guarantee individual liberties and protections against government overreach.

Bill of rights

Engel v Vitale (1962)

Clause: 1st admendment, establishment clause

Question: Can state mandate prayer in school

Decision: violates establishment clause

Consider: Can states fund religious schools? Can legislatures say a prayer? Can a prayer be said at graduation?

Bill of rights

Wisconsin v Yoder (1972)

Clause: 1st admendment, free exercise clause

Question: Can amish take their children out of school before the law allows?

Decision: Religious freedom outweighed state interest in educating children. Strict scrutiny test.

Bill of rights

Tinker v Des Moines (1969)

Clause: 1st amendment, freedom of speech

Question: Can schools punish students for political speech?

Decision: The first Amendment applies to schools

Future: Bethel v Fraser, Hazelwood, Morse v Frederick

Bill of rights

NY Times v US (1971)

Clause: 1st admendment, freedom of press

Question: Can the US prevent NY Times from publishing the Pentagon papers?

Decision: No, heavy burden for prior restraint

Bill of rights

Schenck v US (1919)

Clause: 1st admendment, freedom of speech

Question: Can the government prosecute people urging citizens to resist the draft?

Decision: Yes, clear and present danger test

Due Process/Selective Incorporation

Legal doctrine preventing states from infringing on the rights of citizens, as guaranteed by the 14th Amendment. It includes significant rulings that apply federal rights to state laws.

Due Process/Selective Incorporation

Roe v Wade (1973)

Clause: 14th amendment due process clause, “right to privacy”

Background: ____ sues Texas over abortion law that banned abortion except for when a mother’s life was in danger.

Decision: Right exists, overturns 20 state laws

Future: Planned Parenthood v Casey, cases around restrictions

Due Process/Selective Incorporation

McDonald v Chicago (2010)

Clause: 2nd admendment, 14th admendment due process clause

Question: Is Chicago’s handgun ban constitutional in light of Heller v DC

Decision: The 2nd admendment is an individual right and enforceable against states

Redistricting

The process of drawing new boundaries for electoral districts, often influenced by population changes. It aims to ensure equitable representation in legislative bodies.

Redistricting

Baker v Carr (1962)

Clause: 14th admendment equal protection, Article 1 Sec 2

Question: Is redistricting a judiciable question?

Decision: Yes (overturns Colegrove v Green and the “political thicket”)

Future: One person, one vote (Reynolds v Simms), and overturning HoR and state legislatures that are not on person, one vote

Redistricting

Shaw v Reno (1993)

Clause: 14th amendment, equal protection clause, VRA

Question: Were NC redistricting maps an unconstitutional racial gerrymander?

Decision: Yes, strict scrutiny and VRA

Equal Protection

A constitutional guarantee that individuals in similar situations be treated equally by the law, as stated in the 14th Amendment.

Equal Protection

Brown v Board (1954)

Clause: 14th amendment equal protection clause

Question: Are segregated schools equal protection?

Decision: No

Future: Loving v Virginia, Cooper v Aaron

Campaigning and the Court

The process through which candidates seek to gain support, often influenced by Supreme Court decisions on campaign finance and election laws.

Campaigning and the Court

Citizens United v FEC (2010)

Clause: 1st amendment, free speech

Question: Are parts of the McCain Feingold act that limit outside group spending constitutional?

Decision: No, money is a form of speech

Consider: Buckley v Valeo, McCutcheson v REC (aggregate limits)