Supreme Court Cases

Marbury v Madison (1803)

background: conflict b/w federalists and antifederalists, judge appointing, not sending out commission

question: Does the SC have the power to force another branch into submission? Does the branch have the authority to rule if something is unconstitutional?

ruling: did not receive commission b/c the SC didn’t have that power

precedent: judicial review (SC can rule if things are constitutional or not)

McCulloch v Maryland (1819)

background: state wanted to tax the 2nd bank of US, refused to pay, state passed law to tax bank, cashier challenged the state’s authority to tax a federal entity

question: Does Congress have the power to create a national bank? Can a state tax a federal institution?

amendments: 10

ruling: the SC said that Congress can create a national bank, states can’t tax it, states can’t interfere with the federal govt’s constitutional functions

precedent: established the supremacy of the federal govt. over the states

Schenck v US (1919)

background: Espionage Act of 1917 prohibited interference with the draft during WWI, man was charged with a violation of this act for distributing leaflets that urged draft dodgers, man argued that his right to free speech was violated

question: can freedom of speech be limited during war time? did the espionage act prohibit the first amendment’s guarantee of free speech?

amendments: 1

ruling: SC ruled that the govt can limit speech that presents a “clear and present danger”

precedent: free speech can be limited during wartime to protect national security

extra: clear and present danger test- free speech in’t protected if it creates a clear and present danger of bringing about evils; brandenburg test (eminent lawless action)- if something is going to cause harm before police can get there, a citizen has the right to shut the person dowm

Brown v Board of Education (1954)

background: man filed a lawsuit against Topeka Board of Education after his daughter was denied enrollment at a school close to her home, argued that segregated schools were unequal and violated the 14th Amendment, lower courts rules that segregation was unconstitutional, but said that the schools both had similar facilities, transportation, and teachers

question: Does racial segregation in public schools violate the Equal Protection Clause of the 14th Amendment?

amendments: 14

ruling: SC ruled that the racial segregation in public schools was unconstitutional overturning the “separate but equal” doctrine

precedent: racial segregation in schools is unconstitutional

Baker v Carr (1961)

background: TN citizens sued the state for not redrawing its legislative districts when the state constitution required reapportionment every 10 years, they argued that the pop. shifts made the 1901 apportionment law unconstitutional b/c it diluted voting power, violating the Equal Protection Clause of the 14th Amendment

question: Does a federal court have the authority to challenge a state’s legislative apportionment plan that allegedly violates the 14th Amendment’s Equal Protection Clause

amendments: 14

ruling: the SC can hear a legislative apportionment case, and that TN had violated the 14th Amendment’s Equal Protection Clause

precedent: established the principle of “one person, one vote” which says that electoral districts must have roughly equal population

Engel v Vitale (1962)

background: a law was passed in NY in 1958 that recommended public schools start the day with a non-denominational prayer, parents sued the school board arguing that state-sponsored prayers violated the Establishment Clause of the 1st Amendment

question: does a public school day violate the 1st Amendment’s Establishment Clause?

amendments: 1

ruling: the SC ruled that school-sponsored prayer in public schools is unconstitutional b/c it violates the Establishment Clause (prohibits govt. establishment of religion), ruling established that even if students weren’t forced to participate, the govt’s endorsement of prayer was a violation for the Constitution

precedent: state-sponsored prayer in public schools is unconstitutional

Gideon v Wainwright (1963)

background: man was arrested for burglary in FL, he couldn’t afford a lawyer, and the judge denied his request for one, he represented himself, and was sentenced to prison, he petitioned the SC that his 6th Amendment right to counsel was violated

question: does the 6th Amendment’s guarantee of the right to counsel in criminal cases extend to felony defendants in state courts through the Due Process Clause in the 14th Amendment (selective incorporation- bill of rights applying to states) ?

amendments: 6, 14, 5

ruling: the SC ruled that the 6th Amendment’s guarantee of right to counsel does extend to felony defendants in state courts, requiring states to provide a lawyer to defendants who cannot afford one

precedent: states have to provide legal counsel to indigent criminal defendants who can’t afford an attorney

Tinker v Des Moines (1969)

background: in Dec. 1965, students planned to wear black armbands to school to protest the Vietnam war, the armbands were banned, students who wore them were suspended for refusing to remove them, parents sued the school district arguing that they had violated the students’ free speech rights (symbolic speech).

question: does students’ 1st Amendment right of free speech extend to public schools? can a silent, symbolic protest be banned by school officials?

amendments: 1

ruling: students don’t lose their 1st Amendment right to free speech in school, schools can’t suppress student expression unless it would cause a “material and substantial” disruption

precedent: “students do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

New York Times v United States (1971)

background: publication of the “Pentagon Papers” - a govt. study on the Vietnam war-, a former Pentagon employee leaked the papers to the NY times, the Nixon administration sought to stop more publication through prior restraint, claiming national security risks

question: can the govt. use prior restraint to stop newspapers from publishing classified documents? does that violate the freedom of the press?

amendments: 1

ruling: the govt could not prevent newspapers from publishing the Pentagon Papers

precedent: govt. cannot impose prior restraint on the press except in extremely limited circumstances

Wisconsin v Yoder (1972)

background: 3 Amish parents were convinced for refusing to send their children to school past the 8th grade which violated Wisconsin’s compulsory attendance law, parents argued that mandatory high school attendance conflicted with their religious beliefs, they also said more schooling would draw from the Amish community

question: did Wisconsin’s compulsory attendance law violate the 1st Amendment’s Free Exercise Clause?

amendments: 1

ruling: it did violate the 1st Amendment’s Free Exercise Clause, the state couldn’t force Amish children to go to high school

precedent: a state’s interest in compulsory education must be balanced with a family’s right to freedom of religion

Roe v Wade

background: in 1970 a woman filed a lawsuit that challenged TX law that made abortion illegal except to save a woman’s life, arguing it violated a woman’s right to privacy, PRIVACY CASE

question: does the Constitution recognize a woman’s right to an abortion based on the 14th Amendment’s due process clause?

amendments: 14

ruling: the SC ruled that women could have an abortion in the first trimester (state regulation for the 2nd trimester, ans states could regulate or ban in the third trimester)

precedent: established a woman’s constitutional right to an abortion

OVERTURNED

Shaw v Reno (1993)

background: NC’s congressional redistricting plan after the 1990 census which created a 2nd majority-black district with a snake-like shape, citizens challenged the plan, arguing that it violated the Equal Protection Clause from the 14th Amendment by segregating voters

question: Did NC’s redistricting plan violate the 14th Amendment’s Equal Protection Clause?

amendments: 14

ruling: NC’s redistricting plan was unconstitutional under the 14th Amendment

precedent: racial gerrymandering is unconstitutional, using race as the sole dominant factor in drawing electoral districts violates the 14th Amendment’s equal protection clause

United States v Lopez (1995)

background: a high school senior was arrested for carrying a concealed handgun at his high school in 1992, a Federalism Case

question: was the gun-free school zones act of 1990 a constitutional use of Congress’s power to regulate interstate commerce?

amendments: not 2, has to do with the Commerce Clause

ruling: Congres exceeded its authority under the Commerce Clause, it found the possession of gun near a school wasn’t economic activity, and didn’t have a substantial relationship to interstate commerce

precedent: limited Congress’ powers under the Commerce Clause

McDonald v Chicago (2010)

background: residents of Chicago challenged the city’s handgun ban, arguing it violated their 2nd Amendment rights

question: does the 2nd Amendment’s individual right to keep and bear arms apply to the states through the 14th Amendment (selective incorporation) ?

amendments: 2, 14

ruling: 2nd Amendment applies to the states through the 14th Amendment

precedent: 2nd Amendment’s individual right to keep and bear arms apply to the states through the 14th Amendment’s due process clause

Citizens United v FEC (2010)

background: a conservative nonprofit wanted to air a film critical of Hilary Clinton before the 2008 presidential primaries, the BCRA prevented it (McCain Feingold)

question: did the 1st Amendment’s guarantee of free speech prohibit the govt from restricting independent political expenditures by corporation and unions in candidate elections?

amendments: 1

ruling: corporations and unions have a 1st Amendment right to spend unlimited money on independent political broadcasts, which overturned a key provision of BCRA

precedent: govt can’t ban political spending by corporations and unions in candidate elections