MARBURY V. MADISON (1803
SCOTUS: Supreme Court of the United States
Facts: The relevant events of a case that occurred before courts became involved
Issue: A legal or Constitutional question the court considers in a case
Holding: The court’s response to the issue being considered in a case
Reasoning: The court’s explanation of a holding
Decision: The outcome of a case that includes a discussion of the facts, issue, holding, and reasoning
Opinion: An analysis of the court’s decision, written by the justices. The majority opinion is agreed upon by more than half of the justices
Required Court Cases + Others
MARBURY V. MADISON (1803) In deciding this case about judicial appointments, the court established the principle of judicial review, empowering the Supreme Court to declare an act of the legislative or executive branch unconstitutional.
MCCULLOCH V. MARYLAND (1819) In deciding this case about a national bank and state taxes, the court established supremacy of the U.S. Constitution and federal laws over state laws.
SCHENCK V. UNITED STATES (1919) Speech creating a “clear and present danger” was not protected by the First Amendment and could be limited.
BROWN V. BOARD OF EDUCATION (1954) Race-based school segregation violates the Equal Protection Clause of the Fourteenth Amendment
BAKER V. CARR (1962) This case held that redistricting did not raise political questions, allowing federal courts to hear other cases that challenge redistricting plans that may violate the Equal Protection Clause of the Fourteenth Amendment.
ENGEL V. VITALE (1962) School sponsorship of religious activities violates the Establishment Clause of the First Amendment.
GIDEON V. WAINWRIGHT (1963) In this case, the Sixth Amendment’s right to an attorney extends procedural due process protections to felony defendants in state courts.
TINKER V. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT (1969) A prohibition against public school students wearing black armbands in school to protest the Vietnam War violated the students’ freedom of speech protections in the First Amendment.
NEW YORK TIMES CO. V. UNITED STATES (1971) This case bolstered the freedom of the press protections of the First Amendment, establishing a “heavy presumption against prior restraint” even in cases involving national security.
WISCONSIN V. YODER (1972) Compelling Amish students to attend school past the eighth grade violates the Free Exercise Clause of the First Amendment.
SHAW V. RENO (1993) Under the Fourteenth Amendment’s Equal Protection Clause, majority-minority districts, created under the Voting Rights Act of 1965, may be constitutionally challenged by voters if race is the only factor used in creating the district.
UNITED STATES V. LOPEZ (1995) Congress exceeded its power under the Commerce Clause when it made possession of a gun in a school zone a federal crime.
MCDONALD V. CHICAGO (2010) The Second Amendment right to keep and bear arms for self-defense is applicable to the states.
CITIZENS UNITED V. FEDERAL ELECTION COMMISSION (2010) Political spending by corporations, associations, and labor unions is a form of protected speech under the First Amendment.
GIBBONS V. OGDEN - Commerce Clause gives congress broad regulatory power
PLESSY V. FERGUSON - “Separate but equal” is ok, allows for segregation
DRED SCOTT V. SANFORD - Slaves are property, not citizens
GITLOW V. NEW YORK - Limits on speech if it threatens government (anarchy)
KOREMATSU V. UNITED STATES - Government can detain citizens in emergencies
MAPP V. OHIO - Search warrants needed, otherwise evidence is thrown out
GRISWOLD V. CONNECTICUT Information about birth control is protected under right to privacy
MIRANDA V. ARIZONA Police must inform suspects of their rights (Miranda rights)
TERRY V. OHIO Police can search and seize with probable cause
LEMON V. KURTZMAN Some government aid to church schools is allowed as long as it's fair to schools of all faiths. (Lemon test) The lemon test is the standard set by the Supreme Court to measure the constitutionality of state laws in regard to freedom of religion
MILLER V. CALIFORNIA Obscenity is not protected under freedom of speech
ROE V. WADE First trimester abortions are ok
UNITED STATES V. NIXON Executive privilege is not unlimited
GREGG V. GEORGIA Death penalty is ok
BUCKLEY V. VALEO Campaign money limits, independent expenditures ok
TEXAS V. JOHNSON Flag burning is okay, freedom of expression (symbolic speech)
ALLEGHENY V. ACLU Courts cannot prominently display religious symbols
LOVING V. VIRGINIA Bi-racial marriage is okay
BOR and Amendments
1st Amendment: Freedom of speech, religion, press, assembly, petition
2nd Amendment: Right to keep and bear arms
4th Amendment: No unreasonable searches and seizures
5th Amendment: Right to a trial, no double jeopardy, individuals are not required to testify against themselves
6th Amendment: Right to a speedy, public, and impartial trial with lawyer
8th Amendment: no excessive bails or fines, no cruel and unusual policies
10th Amendment: powers not given to the federal government or denied of the states are reserved to the states (states rights)
14th Amendment: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
15th Amendment:The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
19th Amendment: Granted women the right to vote
Clauses
Free Exercise Clause
Take Care Clause
Interstate Commerce Clause
Supremacy Clause
Necessary and Proper Clause (Elastic Clause)
Acts
Voting Rights Act of 1964
Americans with Disabilities Act
Welfare Reform Act of 1996 began transferring more authority back to states through block grants
Programs
FEC
NAACP