Landmark Cases & Bill of Rights

McCulloch v. Maryland (1819)

Details: Can Congress create a national bank and may Maryland tax that bank?

Decision: Yes, a national bank is acceptable. Necessary and Proper Clause

No, MD cannot tax. Supremacy Clause

U.S. v. Lopez (1995)

Details: Can Congress create a Gun Free School Zone law? Or are the states in control of school matters?

Decision: Congress may not regulate school zones. Commerce Clause

Gives power back to the states.

Baker v. Carr (1962)

Details: Must states redistrict every 10 years? Can they use old geographic districts?

Decision: States must create districts with equal populations (1 person/1 vote). Equal Protection Clause of 14th Amendment

Federal courts have jurisdiction over hearing district cases.

Shaw v. Reno (1993)

Details: Are districts that support minority/majorities constitutional?

Decision: Minority gerrymandering violates Equal Protection Clause of it is the first consideration in drawing district lines.

Marbury v. Madison (1803)

Formally establishes the courts. Power of Judicial Review

Engel v. Vitale (1962)

Details: Does a school led non-denominational prayer violate 1st Amendment?

Decision: Yes, school led prayer during educational hours is a violation of the Establishment Clause.

Wisconsin v. Yoder (1972)

Details: Can WI students require students to remain in school until 16? Are the Amish allowed to remove students prior to the law?

Decision: Amish are given an exemption to the WI law to freely practice religion. Free Exercise Clause

Schenck v. U.S. (1919)

Details: Is the Espionage Act constitutional? And may Congress limit free speech for national security?

Decision: Court supports Congress’s limitation on speech and establishes ‘Clear & Present Danger Test’. Does it threaten national security or present danger to others?

NY Times v. U.S. (1971)

Details: Does the government have the right to stop the NYT from publishing the Pentagon Papers?

Decision: Prior restraint is a violation of free press freedom. 1st Amendment

Tinker v. Des Moines (1969)

Details: Can a school limit students’ speech (symbolic) or is it a violation of the 1st Amendment?

Decision: Rights may not be unreasonably limited at school. Armbands were not a distraction, students could wear.

Roe v. Wade (1973)

Details: Did the Constitution protect a women’s right to have an abortion?

Decision: The right of privacy protects a women’s decision to have an abortion. Due Process Clause of 14th Amendment

McDonald v. Chicago (2010)

Details: Can the city of Chicago ban handguns or does this violate 2nd Amendment liberties via 14th Amendment Due Process?

Decision: Yes, sweeping gun control law by states/local government violates the right to bear arms. 2nd Amendment and Due Process of 14 Amendment

Gideon v. Wainwright (1963)

Details: Does the state have to provide for counsel in criminal trials?

Decision: States must provide a lawyer in criminal cases when a defendant can not afford one. 6th Amendment rights via Due Process of 14th Amendment

Brown v. Board of Education (1954)

Details: Does the segregation of students (even if the facilities are equal) violate the Constitution?

Decision: Yes, segregation inherently makes minority students feel inferior to white students. Reverses Plessy v. Ferguson, separate but equal violates Equal Protection Clause of 14 Amendment.

Citizens United v. Federal Election Commission (2010)

Details: Can the government prohibit corporate and union funding?

Decision: Political spending is a form of protected speech and the government may not keep corporations or unions from spending money. 1st Amendment

1st Amendment

protects the freedom of speech, religion, press, assembly, and petition

2nd Amendment

the right to bear arms

4th Amendment

protection against unreasonable searches and seizures

5th Amendment

protection against self-incrimination, double jeopardy; rights to due process, grand jury indictment, and just compensation (eminent domain)

6th Amendment

right to a speedy and public trial, impartial jury, notice of accusation, confrontation of witnesses, compulsory process, and assistance of legal counsel

8th Amendment

prohibits excessive bail and fines, and cruel and unusual punishments

9th Amendment

protects unenumerated rights of the people

10th Amendment

any powers not specifically given to the federal government, nor prohibited to the states, are reserved to those states, or to the people

14th Amendment

grants citizenship to all persons born or naturalized in the U.S.; ensures equal protection under the laws, preventing states from from denying life, liberty, or property without due process