Supreme Court Cases

Marbury v. Madison

Established judicial review. Marbury was entitled to his commission but the Court couldn’t order it to be delivered. (Article III, Section 2)

McCulloch v. Maryland

Congress could make a national bank because it was an “implied power.” Maryland couldn’t tax the national bank because it interfered with the powers of Congress. (Article I, Section 8; Article VI; 10th Amendment)

Schenck v. US

Created the “clear and present danger” test for which speech is protected by the Constitution. (1st Amendment)

Brown v. Board of Education

Ordered the desegregation of public schools. Separate educational facilities are inherently unequal. (14th Amendment)

Baker v. Carr

The Supreme Court can rule on claims of legislative malapportionment. Individuals can challenge districting practices the result in unequal representation. (14th Amendment)

Engel v. Vitale

School-sponsored prayer is unconstitutional since it is a religious activity used by the government to advance religious beliefs. (1st Amendment)

Gideon v. Wainwright

Defendants must have counsel appointed in state felony criminal cases because it’s an essential right to ensure a fair trial. (6th Amendment; 14th Amendment)

Tinker v. Des Moines

Students retain their right to freedom of speech while in public schools. Created the “Tinker Test” (does it cause significant disruption?). (1st Amendment; 14th Amendment)

New York Times Co. v. United States

Set a precedent for the limits of government censorship and defined the role of a free press in American democracy. Prior restraint is forbidden except when national security might be threatened. (1st Amendment)

Wisconsin v. Yoder

The government must show a compelling interest before infringing on religious practices. (1st Amendment)

Roe v. Wade

A person’s choice to have an abortion is protected by the Constitution. The Supreme Court set up a framework laying out when states could regulate and even prohibit abortions. (9th Amendment; 14th Amendment)

Shaw v. Reno

Race-based redistricting must be held to a standard of strict scrutiny. Racial gerrymandering is subject to constitutional limits. (14th Amendment)

US v. Lopez

Congress can only use the Commerce Clause to regulate the channels of interstate commerce, the people and things moving in interstate commerce, and activities that substantially affect or relate to interstate commerce. Therefore, they can’t regulate gun carrying in local school zones. (Article I, Section 8)

Citizens United v. FEC

The government can’t restrict independent political expenditures by corporations and labor unions, effectively allowing unlimited spending on elections. (1st Amendment)

McDonald v. City of Chicago

The right to keep and bear arms for self-defense applies to state and local governments. (2nd Amendment; 14th Amendment)