Studied by 11 people
Marbury v Madison (1803):
Before leaving office, President John Adams gave William a job as a justice of the peace. But when the new Secretary of State, James, took over, he didn't give William the official paperwork he needed for the job. So, William took James to court to try to get the paperwork and officially start his new job.
Establishes the power of Judicial Review by the Supreme Court and the ability of the Court to nullify Congressional laws and executive actions as unconstitutional.
Judicial review - the ability of the Court to declare a Legislative or Executive act in violation of the Constitution mmojo
Article 3, Section 2, Clause 2 of the Constitution (also the Appellate Jurisdiction Clause) - Says that the Supreme Court can hear appeals from lower federal courts and some cases from state courts. It also lets Congress make rules about which cases the Supreme Court can review.
Appellate Jurisdiction - the authority of a higher court to review decisions made by lower courts
Judiciary Act of 1789 - a rulebook for how the federal court system should work. It set up the structure of the federal courts and created the Supreme Court with one chief justice and five associate justices. The law also gave the federal courts the power to hear certain types of cases, like those involving federal laws or disputes between states.
McCulloch v Maryland (1819):
A Federal cashier at the Baltimore branch of the U.S. bank refused to pay the taxes imposed by the state. The state filed a suit against him in an effort to collect the taxes.
US (federal government) is allowed to establish a National Bank; US law is supreme over state law (federalism).
Supremacy Clause - (Article 5 clause 2, formal power) (establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.)
necessary and proper clause (also the elastic clause) - (Clause 18 under article 1, section 8 of the Constitution, implied power) (allows congress the ability to make laws or to act where the constitution doesn't give it authority to act
10th Amendment - “The powers not delegated to the United States by the Constitution, nor prohibited by it to the
states, are reserved to the states respectively, or to the people.”
US v Lopez (1995):
A 12th grade high school student carried a concealed weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises. The next day, the state charges were dismissed after federal agents charged him with violating a federal criminal statute, the Gun-Free School Zones Act of 1990.
Commerce Clause is not all expansive and does not give federal government power to prohibit guns in schools.
Gun-Free School Zones Act of 1990 -(considered a federal law) (people can’t bring guns into areas around schools. The idea was to reduce the chances of gun violence happening in schools.)
Commerce Clause - (Article I, Section 8, Clause 3) (allows the federal government to make rules about buying and selling things between different states, with other countries, and with Native American tribes.)
necessary and proper clause (also the elastic clause) - (Clause 18 under article 1, section 8 of the Constitution, implied power) (allows congress the ability to make laws or to act where the constitution doesn't give it authority to act
Engel v Vitale (1962):
Originated from a school prayer policy implemented by the New York State Board of Regents in 1951. The policy required public schools to start each day with a brief, voluntary, nondenominational prayer. A group of parents whose children attended New Hyde Park public schools objected to this prayer requirement.
Public schools may not sponsor religious activities without violating the Establishment Clause of First Amendment.
Establishment Clause - (under the first amendment, together with that Amendment's Free Exercise Clause) (prohibits the government from "establishing" a religion or making another religion more important than the other)
Wisconsin v Yoder (1972):
Revolved around Amish families who refused to send their children to public school beyond the eighth grade. The state had a law requiring children to attend school until they were 16 years old. When the Amish families refused to comply with this law, they were fined for violating it.
Free Exercise Clause of First Amendment prohibits requiring Amish students to attend school past 8th grade.
Free Exercise Clause - (under the first amendment, together with the establishment clause) (the government can't stop you from practicing your religion or hold you back from believing what you want)
14th Amendment - everyone born or naturalized in the United States is a citizen and should be treated fairly by the law, states can't take away a person's "life, liberty, or property" without following fair rules, and it guarantees equal protection under the law for everyone.
Tinker v Des Moines (1969):
Some students decided to wear black armbands to school in protest against the Vietnam War. The school had a rule against wearing armbands for political reasons, and the students were suspended when they wore them.
First Amendment Free Speech prohibits public schools from banning students from wearing black armbands in protest of Vietnam War.
First amendment - (Specifically free speech) (protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances / ask the government to fix problems.)
14th Amendment - everyone born or naturalized in the United States is a citizen and should be treated fairly by the law, states can't take away a person's "life, liberty, or property" without following fair rules, and it guarantees equal protection under the law for everyone.
New York Times v US (1971):
Multiple newspapers published articles about a secret government report called the Pentagon Papers. The report revealed controversial information about the United States' involvement in the Vietnam War. The government tried to stop the newspapers from publishing the articles, arguing it was a threat to national security.
Heavy presumption against prior restraint of the press even in cases of national security. The Court emphasized the important role of a free press in ensuring transparency and accountability in government, especially on matters of public interest.
also known as the - Pentagon Papers case
First Amendment - (specifically free speech AND freedom of the press) (protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances / ask the government to fix problems.)
Schenck v US (1919):
During World War I, a socialist group distributed leaflets opposing the military draft. The leaflets urged people to resist the draft, claiming it violated their rights and calling it a form of slavery. Associates of this group were charged with violating the Espionage Act of 1917, which made it a crime to obstruct the draft or encourage disloyalty to the United States government.
First Amendment does not protect speech that creates a “clear and present danger” (i.e. yelling “fire” in a crowded theater).
First Amendment - (specifically free speech) (protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances / ask the government to fix problems.)
Espionage Act of 1917 - (federal law passed by the United States Congress, signed into law by President Woodrow Wilson and enacted during World War I) (made it illegal to share certain kinds of information that could hurt the war effort, like military secrets or plans. It also made it a crime to try to stop people from joining the military or to speak out against the war in ways that could cause problems.)
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clear and present danger test
Gideon v Wainwright (1963):
A man was arrested and charged with breaking into a pool hall in Florida. During his trial, he asked the judge for a lawyer to help defend him, but the judge refused, saying that Florida law only provided free legal counsel for poor defendants in capital cases (cases where the death penalty might be imposed). The man was forced to represent himself and was found guilty. While in prison, he wrote a handwritten petition to the Supreme Court, arguing that his Sixth Amendment right to counsel had been violated.
Guaranteed the right to an attorney in felony criminal cases.
Sixth amendment - guarantees people accused of crimes the right to a fair and speedy trial, a lawyer, to know what they're accused of, to confront witnesses against them, and to call witnesses to support their case.
14th Amendment - everyone born or naturalized in the United States is a citizen and should be treated fairly by the law, states can't take away a person's "life, liberty, or property" without following fair rules, and it guarantees equal protection under the law for everyone.
McDonald v Chicago (2010):
Several individuals living in Chicago, Illinois, challenged the city's handgun ban. They argued that the ban violated their Second Amendment right to keep and bear arms. The city of Chicago had strict gun control laws, including a ban on handguns, in an effort to reduce gun violence. However, they believed that the ban infringed upon their constitutional rights to self-defense.
Second amendment right to keep and bear arms (guns) provides an individual right that applies to states.
Second amendment - people have the right to own and carry guns for their own protection and for the defense of their country
14th Amendment - everyone born or naturalized in the United States is a citizen and should be treated fairly by the law, states can't take away a person's "life, liberty, or property" without following fair rules, and it guarantees equal protection under the law for everyone.
Brown v Board of Education (1954):
Many public schools in the United States were segregated based on race, with Black students attending separate schools from white students. This segregation was upheld by the "separate but equal" doctrine established in the Plessy v. Ferguson (1896) case. However, by the 1950s, civil rights activists were challenging segregation, arguing that it violated the principle of equality guaranteed by the 14th Amendment.
Overturns “separate but equal;” prohibits racial segregation in public schools.
14th Amendment - everyone born or naturalized in the United States is a citizen and should be treated fairly by the law, states can't take away a person's "life, liberty, or property" without following fair rules, and it guarantees equal protection under the law for everyone.
Citizens United v FEC (2010):
Before this case, there were laws in place restricting how much money corporations and unions could spend on political campaigns. These laws aimed to prevent undue influence from big money in elections. However, a nonprofit organization challenged these laws, arguing that they violated the organization's First Amendment right to freedom of speech.
Unlimited spending on political campaigns by private corporations constitutes free speech protected by the First Amendment.
First amendment - (Specifically free speech) (protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances / ask the government to fix problems.)
The Bipartisan Campaign Reform Act (BRCA) of 2002 (also known as the McCain-Feingold Act) - a law passed by the United States Congress to regulate the financing of political campaigns. It aimed to reduce the influence of money in politics by restricting the use of soft money, which is money given to political parties for activities other than directly supporting a specific candidate. Additionally, the BCRA imposed limits on certain types of political advertising and fundraising activities.
Baker v Carr (1962):
Before this case, many states had legislative districts that were not regularly redrawn, resulting in unequal representation. A Tennessee resident challenged this unequal representation, arguing that it violated the principle of "one person, one vote." He claimed that rural districts had disproportionate power compared to urban districts. Even though the Civil Rights Movement wasn't directly part of this, it still played a big role. At the time, there was a lot of talk and action about making sure everyone, no matter their race or where they lived, had a fair say in government. This wider push for fairness and equal rights definitely helped shape the environment in which the case was decided.
Develops “one person, one vote” argument and allows challenges to congressional redistricting.
Equal Protection Clause (under the 14th amendment) - a rule that says everyone should be treated fairly and equally under the law. It means that the government can't unfairly favor one group of people over another based on things like race, religion, or gender.
Article 3, section 2 of the U.S. Constitution (also called the "Jurisdiction Clause" or the "Judicial Power Clause") - says that federal courts can hear cases involving federal laws, disputes between states, cases involving ambassadors, some other special situations and talks about the right to trial by jury for criminal cases.
Shaw v Reno (1993):
Before this case, North Carolina underwent redistricting following the 1990 Census. The state legislature created a congressional district that was unusually shaped and had a majority of Black voters, aiming to increase minority representation. Several white residents challenged the district, arguing that it amounted to racial gerrymandering and violated the Equal Protection Clause.
Prohibits the use of race as the sole factor in redistricting.
Equal Protection Clause (under the 14th amendment) - a rule that says everyone should be treated fairly and equally under the law. It means that the government can't unfairly favor one group of people over another based on things like race, religion, or gender.
15th amendment - gave black / African - American men the right to vote (“The right of citizens of the United States to vote shall not be denied or abridged by the United
States or by any State on account of race, color, or previous condition of servitude.”)
Voting Rights Act of 1965 - law that was passed to make sure everyone, especially Black people in the South, could vote without facing discrimination. It banned things like literacy tests and poll taxes that were used to stop Black people from voting. The law also put federal officials in charge of making sure elections were fair and that everyone could vote freely.
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