Required Supreme Court Cases

• facts, holding, constitutional principle

• Marbury v Madison *

  • holding

    • found judiciary act of 1789 conflicted w constitution and void

    • law that marbury was using

  • established judicial review

  • constitutional principle

    • supremacy clause

    • congress can’t pass laws that supersedes the constitution

• McCulloch v Maryland

  • fact → several states (including maryland) placed tax on US National Bank

  • questions:

    • can congress create a national bank

    • can a state tax the national gov

  • holding

    • yes to national bankn

    • no states cannot tax national gov

  • principle

    • congress can create because of necessary & proper cause

      • implied powers

    • federal gov > state gov when conflict

      • supremacy clause

• US v Lopez

  • student brought unloaded gun to school and violated a FEDERAL law against guns at school

  • question → can fed government make that law??

  • holding

    • the federal law against guns was found unconstitutional since it is not a crime to possess

  • constitutional principle:

    • congress exceeding the powers given by interstate commerce

    • guns at school doesn’t affect commerce

    • 10th amendment not explicitly in constitution, state power

• Engel v Vitale

  • public schools in new york invited students to recite a prayer

  • holding

    • states cannot hold prayers at public schools

    • even if participation is voluntary and not tied to a religion

  • constitutional principle

    • establishment clause

      • not allow gov (state or fed) to promote religion

• Wisconsin v Yoder

  • amish families refused to send children to high school going again a state law

  • holding

    • in favor of amish families

    • based on religious rights

  • constitutional principle

    • free exercise clause

    • supreme court ruled free exercise of religion > states mandate

• Tinker v Des Moines

  • expanded free speech

  • students wore black arm bands to school protesting vietnam war

  • questions

    • is arm bands a form of protected speech

    • do students @ public school habe free speech

  • holding

    • yes armbands (symbolic speech) is protected

    • yes students have free speech at public schools

  • constitutional principle

    • right to political symbolic speech due to 1st amendment

• New York Times v US

  • freedom of press

  • nixon administration wanted to publish but gov didn’t want to

  • holding;

    • government did not have right to block publications

    • against fed gov

    • against censorship

  • constitutional principle

    • 1st amendment freedom of press

• Schenck v US

  • freedom of speech case

  • someone protesting ww1 and resisting military draft

  • holding

    • in favor of gov

    • espionage act → crime to protest draft

  • constitutional principle

    • allowed time, place, manner restrictions on the 1st amendment’s free speech guarenteed

• Gideon v Wainwright

  • florida man was charged w felony and asked for attorney appointed by state, state denied

  • holding

    • states must provide attorneys to those who cannot obtain one

  • constitutional principle

    • 6th amendment right to legal counsel (already in fed laws)

    • after this case now states must abide as well

• Roe v Wade

  • texas law prohibits abortion unless saves mothers life

  • holding

    • women has right to abortion based on right of privacy

  • constitutional principle

    • right of privacy

• McDonald v Chicago

  • chicago banned handguns essentially

  • holding

    • right to bear arms includes self defense

  • constitutional princple

    • included right to bear arms

    • & individual right to bear arms for self protection

    • with case, states cannot take away right to bear arms

• Brown v Board of Education

  • civil rights case

  • black students throughout country not allowed to go to school based on race

  • holding:

    • racial segregation of public schools is not allowed

  • constitutional principle:

    • overturned “separate but equal” principle of plessy v ferguson as unconstitutional

    • 13th amendment equal protection clause

• Citizens United v FEC

  • about money & politics

  • bipartisan campaign reform act → corps & unions cannot make political ads within 60 days of big election

  • claimed that corps and unions should be seen as individuals and that they have free speech right , just must be independent

  • constitutional principle

    • based on 1st amendment for free speech

    • affects politics similarly to an individual, just cant directly fundraiser

• Baker v Carr

  • unequal district size, some peoples vote count for more varying on district

  • question: is this something federal court can rule on?

  • holding

    • yes because apportionment claims are justifiable

    • led to one person one vote principle

      • equal representation

  • constitutional amendment

    • 14th amendment equal protection clause

    • right to challenge enqual

• Shaw v Reno

  • north carolina intentionally gerrymanded district to increase minority voting representation

  • holding

    • cannot do it - drawing district based on race is not permissible

  • constitutional principle

    • equal protection clause as principle

    • constitution is meant to be color blind

The 3 Branches of Government

• Legislative Branch (makes laws)

  • US Constitution & Congress

    • Senate

      • 2 senators per state

    • House of Representatives

      • apportioned by population

• Executive Branch (carries out laws)

  • President

    • Vice President

    • Cabinet

• Judicial Branch (evaluates laws)

  • Supreme Court

  • Federal Courts