SCOTUS Cases & Foundational Documents

Marbury v Madison

SC had the right to decide whether Adam’s appointment of judges should be allowed leading to judicial review

McCulloch v Maryland

SC decided that Congress had implied powers from the necessary and proper clause allowing them to create a bank, and that states lack the authority to tax the federal government

Schenck v US

Schenck used his freedom of speech to attempt to obstruct military recruitment but this action was not protected under the first amendment because of war needs

Brown v Board

Public schools were forced to desegregate, the equal protection clause of the 14th amendment protected Linda Brown

Baker v Carr

Equal protection clause of the 14th amendment protected voting rights related to district sizes and if a district wants to challenge electoral boundaries then redistricting may occur

Engel v Vitale

The establishment clause of the 1st Amendment, a public school cannot hold prayers in school even if they are voluntary

Gideon v Wainwright

Sixth amendment (everyone has the right to speedy and pubic trial), states have to give criminals on trial an attorney because of the 14th amendment (states have to follow this because the federal government also has to)

Tinker v Des Moines

Students do not automatically lose their 1st Amendment rights just because they are at school, as long as they are not disrupting the learning environment

NY Times v US

the freedom of press of the 1st Amendment overrides the governments interest in keeping certain documents classified, in this case the US was just being embarrassed, no one was being harmed

Wisconsin v Yoder

The freedom of religion in the 1st Amendment, freedom of religion wins over compulsory education rules because of the free exercise clause (amish no longer wanting to attend school after 8th grade)

Roe v Wade

Women have the right to their own body and the right to abortion in the 1st trimester, this right falls under the “unwritten rights” of the 9th amendment (overturned in 2022)

Shaw v Reno

Attempting to at all create an advantage for a group of voters is gerrymandering and is not allowed, the equal protection clause of the 14th Amendment protects voters rights related to gerrymandering

US v Lopez

REALLY about federal v state power, federal government thinks they can do whatever they want because guns are bought and sold (commerce cause), state wins because SC did not agree with the federal government

Citizens United v FEC

corporations have the freedom of expression (1st Amendment) and can use money on behalf of candidates but cannot give the money directly to a candidate

McDonald v Chicago

2nd Amendment (right to bear arms) does not give the states the power to outlaw a handgun for protection and the 14th Amendment (due process & equal protection clause) incorporates federal laws to the states

The Declaration of Independence

Recorded the proclamation of the second Continental Congress asserting the independence of the colonies from Great Britain

The Articles of Confederation

First Constitution of the US, weak because it had no executive branch, judicial branch, no power to tax, and no power to regulate trade

Federalist #10

Written by James Madison that warned against factions because of the tyrannical structure and said a larger US was better for the diversity of politics

Brutus 1

Written by an anti-federalist, argued that the new federal government would be too powerful. He pointed to the necessary and proper clause and the supremacy clause. Objected to congress power to tax and raise a standing army and to the vast size of the proposed republic. He felt that the powerful new government would supplant the states

Federalist 51

Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group

US Constitution

Document that sets forth the institutional structure of the US government and the tasks these institutions perform (replaced the Articles)

Federalist 70

Hamilton argues for the need of a single president (not a committee). He says the US should not fear the president becoming a tyrant because a single person would be easier to control and could act with more energy efficiency

Federalist 78

Hamilton wrote about the federal judiciary, judiciary must depend on two other branches to uphold its decisions

"Letter from Birmingham Jail”

MLK arguing that he and his fellow demonstrations have a duty to fight for justice. He explains the 4 steps of nonviolent protest: fact finding, negotiation, self-purification, and direct action