Supreme Court Cases & Foundational Documents

Letter from Birmingham Jail

- nonviolent direct action to bring attention to injustice and demand change
- exposed the injustices of the South & Birmingham
- can't wait any longer to bring about change
- civil disobedience of unjust and immoral laws
- "Injustice anywhere is a threat to justice everywhere"

New York Times v. United States (1971)

The 1st Amendment protects newspapers from prior restraint. First amendment freedom of the press.

Marbury v. Madison (1803)

Established judicial review - review by US Supreme Court of the Constitutional validity of a legislative act.

McCulloch v. Maryland (1819)

Congress can make a national bank and the states cannot tax it - enhanced implied powers with the necessary and proper/elastic clause. Supremacy clause says that the states can tax, but the federal government's ability to create a national bank overrules them.

Brown v. Board of Education (1954)

During the Civil Rights Movement, Brown wanted desegregation in schools, courts unanimously decided in favor of Brown. Separate facilities are inherently unequal based on 14th amendment - equal protection clause.

Baker v. Carr (1962)

States did not follow 10 year census redistricting laws, so Baker felt he was not being accurately represented, and sued. Courts ruled in his favor, and said that districts must be redrawn with the census every 10 years, "One person, one vote." Ruled that court's can intervene in redistricting cases, and that number of people in each district must be equal.

Shaw v. Reno (1993)

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries.

United States v. Lopez (1995)

Commerce clause of Constitution does not give Congress the power to regulate guns in schools

Citizens United v. FEC (2010)

2010 - corporations and unions can fund political tools unlimitedly, they just can't give money to or coordinate directly with a campaign. Created super PACs - groups that take in money and spend it on things not directly connected to campaigns (dark money). Money = speech, meaning donations are protected under the first amendment.

Brutus 1 - Anti-Federalist

- federal constitution makes state constitutions irrelevant (supremacy clause)
- US is too large and too diverse to be reduced to a single government
- strong national government can abuse its power and threaten state sovereignty

Federalist 10

- factions (political parties and interest groups) are dangerous as they would take vote away from the minority
- direct democracy is prone to factions and a republic can control them

Federalist 51

Legislative - separation of powers and checks and balances will prevent abuse
- legislative branch is the most powerful -> bicameralism and presidential veto prevents too much power

Federalist 70

Executive - single, energetic executive
- multiple executives would lead to inaction and conflict, the executive must be able to act quickly and decisively

Federalist 78

Supreme Court - Supreme Court Justices must serve lifelong terms so that they are unaffected by politics and public opinion
- judiciary is weakest branch of the government (they don't have the power of the purse or sword)
- puts the Constitution first as the law of the land

Declaration of Independence

- formally declared the 13 colonies independent from Britain
- foundation for popular sovereignty (consent of the governed)
- list of grievances with King George III

Articles of Confederation

- America's first constitution
- no real executive or federal courts, no unity, state legislatures had most of the power
- could not raise a tax, create an army, etc. without the consent of 9 or 13 states, led to ineffective executive that could get nothing done

US Constitution

- replaced the Articles of Confederation
- gave the federal government more power (President, Supreme Court, Bicameral Legislature from the Great Compromise)
- limits to the abuse of power through popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism
- Federalist Papers defended the Constitution

Engel v. Vitale (1962)

The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion.
School sponsorship of religious activities violates the establishment clause.

Wisconsin v. Yoder (1972)

Forcing Amish students to attend school past the eighth grade violates the free exercise clause.

Tinker v. Des Moines

Public school students have the right to wear black armbands in school to protest the Vietnam War. First amendment freedom of expression.

Schenck v. United States (1919)

The 1st Amendment protection of freedom of speech is not absolute. Speech that presents a "clear and present danger" may be prohibited or punished. Socialist (Schenck) was protesting the war draft, and the courts decided that he posed a clear and present danger.

McDonald v. Chicago (2010)

The Second Amendment right to keep and bear arms for self-defense is applicable to the states.

Gideon v. Wainwright (1963)

Ruled that the right to an attorney applied not only to federal courts, but also state courts.

Roe v. Wade (1973)

Extended the right of privacy to a woman's decision to have an abortion.