Facts Marbury v. Madison 1803
Adams appointed midnight judges to frustrate Jefferson
Following the judiciary Act of 1801, appointments weren’t valid until their commissions were delivered and delivered by Secretary of State James Madison
Marbury was one of the judges and sued for not receiving his commission
Ruling of Marbury v. Madison 1803
The Judiciary Act conflicted with the the Constitution as Congress doesn’t have the authority to modify the actual Constitution with regular legistation bc the supremacy clause places the Constitution above all laws
Establishes judicial review to determine constitutionality of laws
1/29
Name | Mastery | Learn | Test | Matching | Spaced |
---|
No study sessions yet.
Facts Marbury v. Madison 1803
Adams appointed midnight judges to frustrate Jefferson
Following the judiciary Act of 1801, appointments weren’t valid until their commissions were delivered and delivered by Secretary of State James Madison
Marbury was one of the judges and sued for not receiving his commission
Ruling of Marbury v. Madison 1803
The Judiciary Act conflicted with the the Constitution as Congress doesn’t have the authority to modify the actual Constitution with regular legistation bc the supremacy clause places the Constitution above all laws
Establishes judicial review to determine constitutionality of laws
Facts of McCulloch v. Maryland 1819
Congress establishes the 2nd Bank of the US and Maryland taxes the bank
McCulloch, who was the cashier in Baltimore, refused to pay the tax
Ruling of McCulloch v. Maryland 1819
Necessary and Proper Clause (Elastic) allows the fed govn’t powers not explictly granted in the Constitution, affirming federal supremacy over state laws.
Because the fed govn’t is supreme they cannot be controlled by state taxes
Facts of Schenck v. US 1919
Schenck distributed leaflets against the draft during WW1
Advocating peaceful ways
Said that the draft violated the 13th Amendment
He was charged with violating the Espionage Act
Ruling of Schenck v. US 1919
Espionage Act does not violate the 1st Amendment because it doesn’t protect speech that approaches creating a clear and present danger
Judge argues the leaflets could have disrupted the war effort and was like shouting “fire” in a crowded theather
Facts of Brown v. Board v. Education of Topeka 1954
Schools were segregated based on race on the south
Such segregation the NAACP argued violated the Equal Protection Clause of the 14th Amendment
Ruling of Brown v. Board of Education of Topeka 1954
Plessy is overturned
Separate but equal is inherently unequal as schools create a sense of inferiority that has a detrimental affect on education of Black children
Ruling was based on social science, not on precedent
Schools were to integrate with all deliberate speed
SCOTUS has no enforcement committee therefore POTUS steps in with national guard
Facts of Baker v. Carr 1961
Tennessee had unequal Congressional districts which diluted the voting power of Black in the state (last redistricting 1901)
The Black county had 10x more than white areas
The case almost broke the court
Ruling of Baker v. Carr 1961
The court can indeed intervene in political questions
The court established the idea of “one man, one vote” which means states must have equal congressional districted based on population
Opens doors for future redistricting cases
Facts of Engel v. Vitale 1962
NY State’s Board of Regents authorized a short, voluntary prayer for recitation every morning
It was non-demominational
Students could leave the room if they wanted
Ruling of Engel v. Vitale 1962
States can’t hold prayers in public schools even if its voluntary and non-denominational
These prayer violate the Establishment Clause because they breach the wall of separation between church and state
Execption: Students can pray on their own during non-instruction and religious schools can get tax dollars
Facts of Gideon v. Wainwright 1963
Gideon robbed a cash vending machine
Upon trial he asks for a lawyer and was denied one because Florida only have lawyers to the poor for capital offenses
He represented himself from jail
Wrote a letter stating his 6th Amendment rights were violated because he was denied counsel
Ruling of Gideon v. Wainwright 1963
Unanimous decision in favor of Gideon
Anyone accused of a crime is entitled to a lawyer according to the 6th Amendment right to counsel
Facts of Tinker v. Des Moines Independent Community School District 1968
Mary Beth and John Tinker wore black armbands to protest the Vietnam War
When the school found out, they passed a board regulation stating that anyone wearing an armband would be suspended
Ruling of Tinker v. Des Moines Independent Community School District 1969
An armband is symbolic speech, therefore pure speech and protected
Students can’t be censored unless they disrupt the educational environment
Students and teachers don’t shed their constitutional rights at the schoolhouse gate
Later cases have stated that schools can censor pro-drugs, school publications
Facts of New York Times v. US 1971
Nixon tried to prevent NY Times and the Washington Post from publishing the Pentagon Papers, which detailed classified details about the US involvement in Viety
POTUS attempted to use prior restraint
Ruling of New York Times v. US 1971
SCOTUS sided with NY Times
“Any system of prior restraint of expression comes to this court with a heavy presumption against its constitutional validity”
Established scrutiny even in ‘national security” cases
Facts of Wisconsin v. Yoder 1972
Parents (Yoder) were Amish and were prosecuted under Wisconsin law that required all students to go to school until 16 yrs old
3 parents refused to send kids to school after 8th grade because it was against their religion
Ruling of Wisconsin v. Yoder 1972
1st Amendment Free Exercise Claude outweighs the state’s interest in forcing school attendance
The law was a conflict with the Amish Religion
Facts of Roe v. Wade 1973
Roe was a Texas resident and wanted to terminate her pregnancy
Abortion was banned
Ruling of Roe v. Wade 1973
A women’s right to abortion falls under privacy and protected by the 14th amendment (Due Process)
States can’t ban abortions in the 1st trimester, can regulate in 2nd, and can ban in the 3rd
Facts of Shaw v. Reno 1993
Attorney General regret a North Carolina Congress redistricting plan because it only created one black majority district
A 2nd plan was created with 2 blank majority districts
NC residents felt districts were drawn to ensure less black Congress members
Ruling of Shaw v. Reno 1993
Racial gerrymandering does violate the 14th Amendment because the bizarre shapes suggest voters were separated by race
Redistributing must be race conscious
Facts of US v. Lopez
Lopez carried a weapon to school and was arrested
The feds took over the case because he violated the Gun Free School Zone Act of 1990
Ruling of US v. Lopez 1995
The act exceeded the congressional commerce power
Possession of a gun in a school zone is not an economic activity and therefore Congress overstepped
Facts of McDonald v. Chicago 2010
Serval lawsuits were filed against Chicago challenging a gun ban bc SCOTUS ruled that a gun ban in DC violated the 2nd Amendment
Those who filed felt 2nd Amendment applied to the states via due process clause
Ruling of McDonald v. Chicago 2010
Right to bear arms and keep arms applies to the states
In case incorporates the 2nd Amendment because people have the right to self defense
Fact of Citizen United v. Federal Election Commission 2010
Interest group (C.U.) wanted to show a film about Hilliary for the 2008 election but couldn’t bc of the McCain Feingold Act
Ruling of Citizen United v. Federal Election Commission 2010
SCOTUS stated that limited on spending were limits on political speech
1st Amendment protects corporate funding of independent expenditures as long as they aren’t connected to a campaign therefore can’t be limited
$=speech therefore lead to boom in independent expenditures = supper pacs