Studied by 249 people
Marbury v. Madison, 1803
Marbury sued Madison in the Court to get his commission via writ of mandamus.
The Judiciary Act of 1789 was unconstitutional because it extended beyond the Court’s original jurisdiction.
Established judicial review
McCulloch v. Maryland, 1819
Maryland tried to impose taxes on a national bank. State court ruled the federal government did not have the authority to charter a bank.
Through Congress’ implied powers, they had the ability to create a bank.
Necessary and proper clause - congress has implied powers from the constitution. Established supremacy of national law over state laws.
Brown v. Board of Education, 1954
A black girl in Topeka, where schools were segregated, was refused admission to a white elementary school.
Separate but unequal is inherently unequal, thereby violating the Fourteenth Amendment.
The Court required states to desegregate - catalyst towards the civil rights movement
Gideon v. Wainwright, 1963
Gideon appeared in court without a lawyer and requested one, but in Florida attorneys are given in capital cases only.
State courts must appoint attorneys for defendants who cannot afford one, under the Sixth Amendment.
Solidifed the Sixth Amendment and incorporated it into the states.
Tinker v. Des Moines, 1969
A group of students in Des Moines decided to wear black armbands to protest the Vietnam War.
Children in public schools were protected by the First Amendment if their speech does not cause a “substantial disruption”
Public schools cannot censor students’ freedom of expression unless they can reasonably predict that the expression will disrupt school activities
Roe v. Wade, 1973
Jane Roe filed a lawsuit against Henry Wade, challenging a Texas law that made abortion illegal.
A woman’s right to choose to have an abortion falls within the right to privacy under the Fourteenth Amendment.
The state cannot regulate abortion decisions in the first trimester of pregnancy.
United States v. Lopez, 1995
Lopez was arrested for carrying a concealed weapon at his high school. He was charged under the Gun-Free School Zones Act of 1990. Congress made this act under the Commerce Clause.
Possessing a gun on school property is not an economic activity.
Marked the first time in fifty years that the Court held Congress overstepped its powers under the Commerce Clause
Baker v. Carr, 1961
Tennessee citizens and Baker noticed that their state hadn’t been redistricted since 1901, and there were many shifts in population and demographics
The Court does have jurisdiction over state reapportionment. Issues surrounding the Fourteenth Amendment merit judicial evaluation.
Established the right of federal courts to review redistricting issues
Engel v. Vitale, 1962
The New York State Board of Regents authorized a voluntary prayer for recitation at the start of each school day.
The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion.
It is unconstitutional for state officials to organize an official school prayer and encourage its recitation in public schools
New York Times Co. v. United States, 1995
The Nixon Administration attempted to prevent the New York Times and Washington Post from publishing the Pentagon Papers
The government did not overcome the "heavy presumption against" prior restraint of the press in this case
In any situation in which the government wishes to resort to censorship, it faces a difficult task in convincing the courts to issue the necessary legal orders
Schenck v. United States, 1919
During WW1, Schenck distributed leaflets encouraging the public to disobey the draft. Charged with conspiracy.
This did not violate his freedom of speech because the First Amendment does not protect speech which aims at creating danger.
Use of the clear and present danger test to determine if a certain speech is an exception to the First Amendment, as the First Amendment does not protect speech that approaches creating a clear and present danger.
McDonald v. Chicago, 2010
McDonald wanted to buy a gun for self-defense but couldn’t because of city restrictions on handgun registrations
The Fourteenth Amendment Due Process Clause makes the Second Amendment right to keep and bear arms applicable to the states
The Second Amendment applies to state and local governments as well as to the federal government.
Shaw v. Reno, 1993
North Carolina residents challenged the constitutionality of their redistricting because they said the only purpose of a district was to get another black representative.
The claim did challenge the Fourteenth Amendment. The North Carolina District Court has to decide whether a “compelling government interest” justified North Carolina’s plan.
Using racial reasons for redistricting is unconstitutional
Yoder v. Wisconsin, 1972
Yoder refused to send their child to such schools after the eighth grade, arguing that high school attendance was contrary to their Amish religious beliefs.
The values in secondary school were in sharp contrast with the Amish religion, so yes the Wisconsin law did violate the parents’ First Amendment rights.
Established the precedent that an individual's right to exercise their religious beliefs under the First Amendment takes priority over the state's interests in compulsory education
Citizens United v. Federal Elections Commission, 2010
Nonprofit group called Citizens United challenged campaign finance rules after the FEC stopped it from airing a film criticizing Hillary Clinton too close to the presidential primaries
BCRA violates free speech under the First Amendment.
Corporations and wealthy individuals can spend unlimited amounts of money on political campaigns, as their money is seen as free speech and is therefore protected under the First Amendment
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