McCulloch v. Maryland (1819): deals with federalism
Congress chartered the second bank of the US to stabilize nation’s finance; Maryland passes a law imposing taxes on bank and McCulloch refused to pay
Decision: supreme court ruled unanimously in favor of McCulloch; Congress has implied powers under necessary and proper clause and supremacy clause and Maryland could no tax the federal bank (violate supremacy clause)
expansions of federal power
doctrine of implied powers
US v. Lopez (1995): deals with federalism
Lopez carried concealed handgun to school based on congress’s power to regulate interstate commerce
Decision: 5-4 ruling; gun did no affect interstate commerce
limited federal power
reassertion of state sovereignty
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McCulloch v. Maryland (1819): deals with federalism
Congress chartered the second bank of the US to stabilize nation’s finance; Maryland passes a law imposing taxes on bank and McCulloch refused to pay
Decision: supreme court ruled unanimously in favor of McCulloch; Congress has implied powers under necessary and proper clause and supremacy clause and Maryland could no tax the federal bank (violate supremacy clause)
expansions of federal power
doctrine of implied powers
US v. Lopez (1995): deals with federalism
Lopez carried concealed handgun to school based on congress’s power to regulate interstate commerce
Decision: 5-4 ruling; gun did no affect interstate commerce
limited federal power
reassertion of state sovereignty
Engel v. Vitale (1962): deals with first amendment
NY state board of regents authorized non-denominational prayer in public schools; violation of establishment clause (prohibits government from establishing official religion)
Decision: 6-1 school sponsored prayer was unconstitutional
seperation of church and state
precedent for future cases
Wisconsin v. Yoder (1972): deals with first amendment
Jonas Yoder (Amish) refused to send children to public high school after 8th grade due to religious beliefs (free exercise clause?) Wisconsin had a law they had to send kids to public schools till age 16
Decision: 7-0 Wisconsin’s law unconstitutional as applied to Amish; burden to Amish community; could not override the religious rights of Amish
religious liberty
standard of review (strict scrutiny says government must show a compelling interest and prove the law is narrowly tailored to achieve that interest)
education exceptions
Tinker v. Des Moines independent community school district (1969): first amendment issue
protests during Vietnam war (Tinker and other students) wore black armbands to school to protest the war (freedom of speech?)
Decision: 7-2 in favor of students; symbolic speech was protected as long as it did not disrupt educational process
students rights in school
limitations (school can regulate speech if disrupts education)
New York Times Co. US (1971): first amendment
Nixon sought to prevent NY times and Washington post from publishing pentagon papers
Decision: 6-3 against government; failed to prove it would cause threat to national secuirty
press freedom
Schenck v. US (1919): first amendment
distributed leaflets urging men to resist military draft charged under Espionage act of 1917 ( no interference with military operations)
Decision: Sided with US; espionage act did not violate first amendment
clear and present danger test
limit on free speech
Gideon v wainwright
Gideon could not afford an attorney and was forced to represent himself (sixth and 14th amendment issue
Decision: ruled it was a fundamental right for a fair trial
McDonald v Chicago (2010)
challenged Chicago’s handgun ban
Decision: 5-4 ruled second amendment is applicable to states through 14th amendment due process
limits state and local government from enacting overly restrictive gun control laws
Brown v. Board of Education (1954)
lawsuits against pubic schools segregation (based on plessy v ferguson separate but equal)
Decision: separate but equal is inherently unequal
judicial review
Brown II (all deliberate speed)
Citizens United v Federal election comission (2010)
The Federal Election Commission (FEC) prohibited the airing of the film (critical of Hilary Clinton), citing BCRA restrictions, which prompted Citizens United to challenge the law as a violation of free speech.
Bipartisan Campaign Reform Act (BCRA) of 2002 restricted corporations and unions from directly funding “electioneering communications”
Decision: 5-4 in favor of citizens united (corporations and unions are people under the law;corporations and unions have the right to spend unlimited amounts of money on political advertising as long as it's not directly coordinated with a candidate's campaign
Baker v. Carr (1962)
whether the Supreme Court had the authority to hear cases regarding legislative apportionment and redistricting, or if such matters were purely political questions that the Court should not address.
Decision: The Supreme Court ruled 6-2 that the Court did have jurisdiction to hear the case, and that redistricting cases could be addressed under the Equal Protection Clause
one person one vote
Shaw v. Reno (1993)
The constitutional issue was whether racial gerrymandering (i.e., creating districts based on race alone) violated the Equal Protection Clause of the Fourteenth Amendment
Decision: The Supreme Court ruled 5-4 that the district in question was unconstitutional because it was drawn in an unusually irregular shape, suggesting that race was the predominant factor in its design.
Marbury v. Madison (1803)
In the final days of his presidency, John Adams appointed several judges under the Judiciary Act of 1801. When Thomas Jefferson took office, his Secretary of State, James Madison, refused to deliver the commissions. William Marbury, one of the appointees, petitioned the Supreme Court to compel Madison to deliver the commissions.
Decision: The Court, led by Chief Justice John Marshall, ruled that Marbury had a right to his commission, but the Court lacked the authority to enforce it because the Judiciary Act of 1789 was unconstitutional. This decision established the principle of judicial review, allowing courts to strike down laws that violate the Constitution.