scotus case review

marbury v Madison 1803

constitutional clause: Article III

Important terms: JUDICIAL REVIEW, writ of mandamus

Summary: established judicial review and strengthened branch by giving supreme court authority to declare acts unconstitutional

holding; supreme court can nullify act of legislative r executive branch that violates constitution

mcculloch v. Maryland 1819

constutional clause:supremacy clause, necessary and proper clause

important terms: implied powers, espressed powers, supremacy

summary; confired right of Congress to use implied powers to carry out powers. declaring the states cant interfere or tax the federal gov

holding; established supremacy of the constitution and fed laws over state laws

schenck v. us 1919

constitutional clause: 1st amendment, free speech clause

important terms; clears and present danger test

summary: the defendent who handed out anti draft pamphlets during ww1 and limited free speech “clear and present danger”

holding; speech showed “clear and present danger” is not protected

main concept: civil liberties and rights

brown v board of education 1954

constitutional clause: 14th amendment, equal protection clause

important terms; seperate but equal, desegration

summary; racially segregated schools violated equal protection clause (14)

holding: raced based segregation is illegal

main concept: equal protection

baker v. carr 1962

constitutional clause: 14 amendment, equal protection clause

important terms; restricting, one man one vote

summary; restricting issues present justifiable questions, enabled fed courts to interfere and ordered state legislature districts to be equal

holding: “one man one vote” opened door to court reviewing resdricting challenges

main concepts; gerrymandering

engel v. Vitale 1962

constitiutional clause; 1st amendment, establishment clause

important terms; state sponsored prayer

summary; struck down state prayer in public school

holding; schools cant sponser religion

main concepts; civil rights and liberties

gideon v. wainwright 1963

constitutional clause; 6th amendment, right to councel

important terms; selective incorporation, right to counvel

summary; right to counvel provision applies to ppl accused of major crimes, process of incorporation

holding; gaurenety attorney for poor

main concepts; selective incorporation

tinker v. Des Moines 1969

constitutional clause: 1st amendment free speech

important terms; symbolic speech, freedom of expression

summary; protected forms of speech and students can express

holding; public students can wear black armbands to protest vietnam war

main concepts: civil liberties and rights

new York times 6. v. us 1971

constitutional clause:1st amendment freedom of the press

important terms; prior restraint, national seciurity

summary;gov can ever use prior restraint, ruling made it possible for newspapers to publish the Pentagon papers censorship

holding; “heavy presumption against prior restraint” national security

main concepts: civil liberties and rights

wisconsin v Yoder 1972

constitutional clause: 1st amendment free excercise

important terms; state interest

summary; Amish take kids out of school

holding; let Amish kids do this

main concepts:civil rights and liberities

roe v Wade 1973

constitutional clause; 14 amendment, due process and 9th amendment implied privacy

important terms; privacy, selective incorporation

summary; decision to obtain abortion

main concepts; selective incorporation

shaw v Reno 1993

constitutional clause:14 amendment, equal protection

important terms; gerrymandering, resdricting, majority minory districts

summary; restircting based on race, race cant be sole factor

main concepts:gerrymandering- redrawing boundaries

us v lope

constitutional clause:commerce clause

summary; gun free school zones exceed congreed to regulate interstate comment

holding; Congress may not use Congress clause to make possession of a gun in school zone

main concepts: federalism

citizens United v. fec

constitutional clause: political spending, bisparitsam camping reform act

important terms; first amendment, free speech clause

summary; banned soft money led to record spending in 2010

holding; political spending by corporations associations and labor unions is protected and cant be limiting by law

main concepts: campaign finance

mcdonald v chicago

constitutional clause: 14th amendment due process clause, 2nd amendment

important terms; selective incorportaion, self defese

summary; court led “keep and bear arms”gun rights in the states

holding; to keep and bear arms for self defense applies to states

main concepts:selective incorportation