Case Law Review

Marbury v. Madison (1803)

  • Established the principle of judicial review.
  • Judicial review: the power of the Supreme Court to declare a law unconstitutional.
  • Dealt with a law of Congress.

McCulloch v. Maryland (1819)

  • Affirmed the supremacy clause.
  • Addressed the scope of the elastic clause (necessary and proper clause).

Schenck v. United States (1919)

  • Dealt with free speech during wartime.
  • Established the "clear and present danger" test.
  • Speech can be prohibited if it presents a clear and present danger.

Brown v. Board of Education (1954)

  • Addressed racial segregation in schools.
  • Relied on the 14th Amendment's equal protection clause.
  • A landmark case for civil rights.

Engel v. Vitale (1962)

  • Concerned prayer in public schools.
  • Cited the 1st Amendment's establishment clause.

Baker v. Carr (1962)

  • Addressed issues of redistricting and equal representation.
  • Established the principle of "one man, one vote".
  • Relied on the 14th Amendment's equal protection clause.

Gideon v. Wainwright (1963)

  • Dealt with the right to counsel.
  • The 6th Amendment was incorporated to the states through the 14th Amendment's due process clause.

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

  • Concerned freedom of speech in schools.
  • Protected "symbolic" speech.

New York Times Co. v. United States (1971)

  • Addressed freedom of the press.
  • Established that there should be "no prior restraint".
  • Prior restraint: government censorship of the press.

Wisconsin v. Yoder (1972)

  • Dealt with freedom of religion.
  • Cited the 1st Amendment's free exercise clause.

Shaw v. Reno (1993)

  • Addressed redistricting based on race.
  • Applied strict scrutiny under the 14th Amendment's equal protection clause.

United States v. Lopez (1995)

  • Addressed the limits of federal power.
  • Related to devolution federalism.
  • Struck down the use of the interstate commerce clause in the specific case.

McDonald v. Chicago (2010)

  • Dealt with the right to bear arms.
  • The 2nd Amendment was incorporated to the states through the 14th Amendment's due process clause.

Citizens United v. Federal Election Commission (2010)

  • Concerned campaign finance regulations.
  • Allowed SuperPACs.
  • Political spending is considered 1st Amendment speech.