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McCulloch v. Maryland (1819) Issue
Maryland taxed the Second Bank of the US; Could states tax federal institutions?
McCulloch v. Maryland (1819) Decision
Unanimous- Congress can create a national bank; Maryland cannot tax it.
McCulloch v. Maryland (1819) Principle
Necessary & Proper Clause and Supremacy Clause
U.S. v. Lopez (1995) Issue
Can Congress ban guns near schools under the Commerce Clause
U.S. v. Lopez (1995) Decision
5-4: Gun-Free School Zones Act exceeded Congress' Commerce Clause power.
U.S. v. Lopez (1995) Principle
Limits of Commerce Clause (Relevancy)
U.S. v. Lopez (1995) Counterargument
Education is linked to the national economy; guns in schools could affect commerce indirectly.
Engel v. Vitale (1962) Issue
Can schools require a non-denominational prayer?
Engel v. Vitale (1962) Decision
6-1: School-sponsored prayer violates Establishment Clause
Engel v. Vitale (1962) Principle
Establishment Clause of the 1st Amendment; Incorporation Doctrine interpreted from the 14th Amendment
Wisconsin v. Yoder (1972) Issue
Can Amish children be exempt from schooling after 8th grade?
Wisconsin v. Yoder (1972) Decision
Unanimous- State cannot override religious practice.
Wisconsin v. Yoder (1972) Principle
Free Exercise Clause
Tinker v. Des Moines (1969) Issue
Can students protest wearing armbands in school?
Tinker v. Des Moines (1969) Decision
7-2: Students' peaceful protest is protected
Tinker v. Des Moines (1969) Principle
Symbolic Speech under the 1st Amendment; Substantial Disruption Test
New York Times Co. v. United States (1971) Issue
Can the government prevent publication of the Pentagon Papers?
New York Times Co. v. United States (1971) Decision
6-3: Prior restraint is unconstitutional unless it's to uphold national security
Schenck v. United States (1919) Issue
Is distributing anti-draft pamphlets protected by Free Speech?
Schenck v. United States (1919) Decision
Unanimous- Not protected due to the encouragement of avoiding the draft
Schenck v. United States (1919) Principle
Free Speech
Gideon v. Wainwright (1963) Issue
Does the 6th Amendment right to counsel apply to states?
Gideon v. Wainwright (1963) Decision
Unanimous- States must provide attorneys for defendants who cannot afford one.
Gideon v. Wainwright (1963) Principle
6th Amendment's Right to Counsel; Incorporation Doctrine
McDonald v. Chicago (2010) Issue
Does 2nd Amendment protect gun ownership from state laws?
McDonald v. Chicago (2010) Decision
5-4: Chicago's heavy handgun regulation is unconstitutional
McDonald v. Chicago (2010) Principle
2nd Amendment; Incorporation Doctrine
McDonald v. Chicago (2010) Counterargument
Nothing in history or logic of the 2nd Amendment makes gun ownership a fundamental right.
Brown v. Board of Education (1954) Issue
Is racial segregation in public schools constitutional?
Brown v. Board of Education (1954) Decision
Unanimous- Segregation is unconstitutional; overturns Plessy v. Ferguson
Brown v. Board of Education (1954) Principle
Equal Protection Clause of the 14th Amendment; "Separate but Equal" Doctrine
Citizens United v. FEC (2010) Issue
Can corporations spend unlimited money on political campaigns?
Citizens United v. FEC (2010) Decision
5-4: Corporations can spend unlimited money.
Citizens United v. FEC (2010) Principle
1st Amendment protects Corporate Political Speech
Citizens United v. FEC (2010) Counterargument
Corporations are not natural persons; unlimited spending could distort democracy.
Baker v. Carr (1961) Issue
Are redistricting issues justiciable?
Baker v. Carr (1961) Decision
6-2: Courts can hear redistricting cases; "One Person, One Vote."
Baker v. Carr (1961) Principle
14th Amendment Equal Protection Clause
Shaw v. Reno (1993) Issue
Is race-based redistricting constitutional?
Shaw v. Reno (1993) Decision
5-4: Racial gerrymandering is unconstitutional.
Shaw v. Reno (1993) Principle
14th Amendment Equal Protection Clause
Marbury v. Madison (1803) Issue
Can the Supreme Court order delivery of commissions via writ of mandamus?
Marbury v. Madison (1803) Decision
Court cannot issue writ; Section 13 of Judiciary Act unconstitutional
Marbury v. Principle:
Established Judicial Review