Required cases

McCulloch v Maryland

facts: state banks tried to tax natl banks, Maryland branch refused to pay state taxes

Constitutional issue: supremacy clause, necessary and proper (feds didnt have pwr to charter banks)

Ruling: Feds had pwr to charter banks, states cant tax

Precedent set: gives gov more established power

US v Lopez

facts: hs student brings gun to school to sell, illegal to bring gun to school (gun free school zone act)

Constitutional issue: commerce clause

Ruling: gun free school zone act unconstitutional (guns =/= commerce), selling a gun in school is not interstate commerce

Precedent: limit fed gov, defines commerce clause

Citizens united v FEC

Facts: CU release film against hilary clinton, FEC stops doc bc considered electioneering (Mcain feingold act)

Issue: 1st amend freedom of speech clause

Ruling: in favor of CU

Precedent: increase corporate spending on campaigns (no direct donations)

New York times v USA

facts: Pentagon papers leaked to NYT, NYT publishes, feds try to use prior restraint to stop publication

issue: freedom of press 1st amend. espionage act

Ruling: in favor of NYT

Precedent: freedom of press, gov cannot censor gov criticism

Baker v Carr

facts: Tennessee late to redistrict, refused to

Issue: equal protection (14A)

Ruling: in favor of Baker

Precedent: states had to draw districts to rep population, established one person one vote, allows supreme court to rule on redistricting

Shaw v Reno

facts: racial gerrymandering in north carolina, district was too weirdly shaped

Issue: 14th amend equal protection

Ruling: in favor of shaw

Precedent: redistricting based on race = unconstitutional (no racial gerrymandering)

Engel v Vitale

facts: NY tried to mandate prayers in school, technically allowed to opt out but v difficult

Issue: Free establishment clause (1st A) due process (14 A)

Ruling: IN favor of engel

Precedent: reasserted separation of church and state

Wisconsin v Yoder

Facts: Amish tried to take kids out of school for religion, school disallowed

Issue: Free exercise (1A)

Ruling: in favor of yoder

Precedent: establish parents right to ctrl childrens education for religious reasons

Schenck v USA

Facts: SH passing out skip draft fliers during WW1

Issue: 1st A free speech clause

Ruling: in favor of USA

Precedent: “clear and present danger doctrine”

Tinker v Des moines

Facts: Students protested vietnam war w black armbands @ school, school tried to ban armbands, suspend students

Issue: Free speech (1st A)

Ruling: in favor of Tinker

Precedent: Students maintain 1a rights even at school

McDonald v Chicago

facts: mcdonald tried to register a handgun, chicago banned handguns, city law prohibits registration

issue: 2nd amend and 14th amend priviledges and immunities clause

ruling: in favor of mcdonald

Precedent: incorps 2nd amend into states

Gideon v Wainwright

Facts: pool room was robbed, gideon suspect, req’d lawyer, none provided by state and G was convicted

Issue: 6th amend right to council, 14A due process

RUling: gideon

Precedent: legal council, public defenders now prov by state

Marbury v Madison

facts: Marbury appointed as judge, did not receive commission

Issue: judicial review under Article 3 of constitution

Ruling: in favor of Marbury

Precedent: established judicial review

Brown v Board

facts: Brown forced to go to black school far from home, dangerous, separate but NOT equal

issue: 14 A equal protection

Ruling: in favor of brown

Precedent: Removes “separate but equal” overturns Plessey v Ferguson