Ms. Nobles's Required SCOTUS Cases

McCulluch v. Maryland (1819)

SUPREMACY CLAUSE
Established the supremacy of the US Constitution and federal laws over state laws.

ELASTIC CLAUSE
Although the Constitution doesn't give Congress the power to create a bank, the Court found a bank "necessary and proper" in order to fulfill Congress' formal power to tax and spend.

US v. Lopez (1995)

The Gun Free School Zones law is unconstitutional.

The Court didn't buy the argument that it was "necessary and proper" to use the COMMERCE CLAUSE to ban guns in schools.

Regulating guns in school is a state issue.

Engel v. Vitale (1962)

Government-directed prayer in public schools violates the ESTABLISHMENT CLAUSE of the 1st AMENDMENT, even if the prayer is denominationally neutral and students may remain silent or be excused from the classroom during its recitation.

Wisconsin v. Yoder (1972)

Compelling Amish students to attend school past the 8th grade violates the FREE EXERCISE CLAUSE of the 1st AMENDMENT.

Under Amish church standards, higher education was deemed not only unnecessary for their simple way of life, but also endangering to their salvation.

Tinker v. Des Moines Ind. Community School District (1969)

Student DUE PROCESS right to free speech/expression, as applied through the 14th AMENDMENT, did not permit a public school to punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others.

New York Times Company v. United States (1971)

To exercise prior restraint (the ability of the government to stop publication of a news story), the Government must show sufficient evidence that the publication would cause a "grave and irreparable" danger. Gave further support to the FREEDOM OF THE PRESS in the 1ST AMENDMENT.

Schenck v. US (1919)

Speech creating a "clear and present danger" is not protected by the 1st AMENDMENT.

"You can't yell FIRE in a crowded theater."

Gideon v. Wainwright (1963)

Guaranteed the right to an attorney for the poor or indigent.

Incorporated the 6th AMENDMENT right to an attorney to prevent the states from infringing on the 14th AMENDMENT'S DUE PROCESS Clause

Roe v. Wade (1973)

Texas law making it a crime to assist a woman to get an abortion violated her DUE PROCESS rights under the 14th AMENDMENT.

Extended the right of privacy to a woman's decision to have an abortion until the 2022 Dobbs v. Jackson Women's Health decision, which overturned Roe. This is no longer a required case, but is used as an example of judicial philosophy, overturning stare decisis, and the debate over ideology in the Courts.

Gitlow v. New York (1925)* Extra case, but very important

The 14th AMENDMENT prohibits states from infringing free speech; however, the defendant was properly convicted under New York's Criminal Anarchy Law because he disseminated newspapers that advocated the violent overthrow of the government.

The first INCORPORATION DOCTRINE case.

McDonald v. Chicago (2010)

The right to keep and bear arms for self defense in one's home as protected under the SECOND AMENDMENT is incorporated against the states through the DUE PROCESS CLAUSE of the 14th AMENDMENT.

Plessy v. Ferguson (1896)* Extra case, but very important

Upheld "separate but equal" racial segregation by the states. This ushered in the "Jim Crow" era. Ultimately overturned by Brown v. Board.

Brown v. Board of Education I (1954)

Race-based school segregation violates the EQUAL PROTECTION CLAUSE of the 14th AMENDMENT because separate facilities are inherently unequal.

Brown v. Board of Education II (1955)* Extra, but important

School districts and federal courts must implement the Court's decision in Brown I (1954) "with all deliberate speed."

Buckley v. Valeo (1976)* (Extra)

Campaign spending is a form of protected speech under the FIRST AMENDMENT, subject to restrictions on campaign contributions by individuals.

This decision overturned certain parts of the Federal Election Campaign Act.

Citizens United v. FEC (2010)

Independent political spending by corporations, associations, and labour unions is a form of protected speech under the FIRST AMENDMENT.

Parts of BCRA were unconstitutional like prohibition on independent expenditures (like the film "Hillary: The Movie") within 60 days of a general election.

Baker v. Carr (1961)

The redistricting of STATE legislative districts must abide by the "one-person-one-vote" principle. Urban and rural districts had to have proportionately equal populations.

A similar case, Wesberry v. Sanders (1964) determined that districts for the US House of Representatives must abide by the "one-person-one-vote" principle.

Shaw v. Reno (1993)

Redistricting based on race must be held to a standard of strict scrutiny under the EQUAL PROTECTION CLAUSE of the 14th Amendment while bodies doing redistricting must be conscious of race to the extent that they must ensure compliance with the Voting Rights Act of 1965.

The 12th Congressional District of North Carolina had to be redrawn.

Marbury v. Madison (1803)

Established the principle of judicial review empowering the Court to nullify an act of the legislature or executive branch that violates the Constitution.

Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution.