15 Required SCOTUS Cases
Marbury v. Madison (1803)
established principle of judicial review, allowing courts to declare laws and executive actions unconstitutional
arose when William Marbury petitioned the SC to compel Secretary of State James Madison to deliver his commission as Justice of the Peace
SC ruled that Marbury had a right to his commission but did not have authority to issue the write he requested
this decision has an impact on balance of power among branches of government and been cited in numerous cases
Principle/Clause: Article III - Judicial Review
McCulloch v. Maryland (1819)
Congress created Second Bank of US to help collect taxes
branch opened in Baltimore, Maryland and state legislature passed a tax of $15,000 to drive out of business
James McCulloch refused to pay tax and case appealed to SC
Court ruled that Congress does have power to create a bank due to their enumerated powers
however, they can’t tax an institution of national government bc laws of Congress are superior to laws of individual states
landmark case that created implied powers doctrine
national government can exercise power not specifically listed in Constitution that assists in carrying out enumerated powers
Principle/Clause: Elastic Clause (Necessary and Proper Clause)/Supremacy Clause
Schenck v. United States (1919)
Congress passed Espionage Act of 1917 forbidding conduct undermining war effort
Schenck distributed 15,000 leaflets declaring that the draft violated the 13th Amendment prohibition against involuntary servitude and urged draftees to resist
convicted of violated the act and appealed
SC ruled unanimously in favor of US
bc some speech does not merit constitutional protections
Principle/Clause: 1st Amendment; Free speech
Brown v. Board of Education (1954)
court consolidated several cases challenging legally segregated schools in Kansas, South Carolina, Virginia, and Delaware
African American students were denied entry to public school based on segregation laws
Under Plessy v. Fergusion (1896). “Separate but equal” education facilities were constitutionally permissible
SC ruled in favor of Brown
did not have an immediate impact many districts did not desegregate
helped bolster civil-rights movement and undermine Jim Crow Laws
Principle/Clause: 14th Amendment; Equal Protection Clause
Baker v. Carr (1961)
each 95 countries elected one member of state’s general assembly as determined by 1900 census
Shelby County had one representative even though they were larger
Charles Baker believed that he and others were being denied 14th Amendment guarantee of equal protection under the law because his vote was “devalued” or diluted
court ruled with Baker
courts have authority to enforce 14th Amendment’s equal protection of law against state officials if the state legislative districts are disproportionately populated
Principle/Clause: 14th Amendment; Equal Protection Clause
Engle v. Vitale (1962)
Board of Education of Union Free School District in NY directed School District’s principal to begin school day with prayer
SC ruled in favor of Engel
states cannot organize prayer in public school even if it’s non-denominational and students are given options for non-participations
case impacted public schools across the country
Principle/Clause: 1st Amendment; Establishment Clause
Gideon v. Wainwright (1963)
Gideon tried in Florida for petty theft and request for attorney was denied
Florida state law only provide defendants with lawyers in cases of capital punishment does not apply to Gideon
Gideon defended himself at trial and found guilty of larceny
Gideon read law books in prison and wrote a petition for a writ arguing that 6th Amendment’s right to an attorney should be incorporated into state law bc of due process
SC ruled in favor of Gideon b/c defendants should have right to get counsel for a fair trial
case had enormous impact on how defendants are tried for felonies
requiring attorneys for defendants be appointed at taxpayer expense
Principle/Clause: 6th Amendment; Right to Counsel
Tinker v. Des Moines (1969)
adults and students in Des Moines planned 2 weeks public display of support for a truce in Vietnam war
planned to wear black armbands to school during holiday season
school found out
created policy that any student who participated would get sent home/suspended
Tink and others wore it & got sent home
Parents sued school district for violating students’ right of expression
SC ruled in favor of Tinkers b/c 1st Amendments protections extend to students in public schools
education authorities who want to censor speech must show that permitting speech would significantly interfere with discipline required for school to function
established that the 1st Amendment protects the rights of students even if their views are controversial/violate school policy
Principle/Clause: 1st Amendment; Freedom of Speech; Symbolic Speech
New York Times Co. V. United States (1971)
military analyst Daniel Ellsberg secretly copied more than 7k pages of Department of Defense documents
Ellsberg made “Pentagon Papers” public to expose government
Nixon administration obtained court order to prevent NY Times from printing more arguing that it threated national security
NY Times argues that prior restraint violated freedom of press under 1st Amendment
SC ruled in favor of NY times bc prior restraint was unconstitutional
case was seen as freedom of the press and established a “heavy presumption against prior restraint”
Principle/Clause: 1st Amendment; Freedom of Press
Wisconsin v. Yoder (1972)
members of Old Order Amish and Mennonite Church convicted of violating Wisconsin’s school attend law for not sending their children to public/private school after 8th grade
Amish argued that the law violated their 1st Amendment
State argued that school laws apply to everyone regardless of religion
SC ruled in favor of Amish b/c an individual’s interests in free exercise of religion under 1st Amendment outweighed State’s interests in school attendance beyond 8th grade
if they favor with State it would interfere with well-established deeply held religious convictions of Amish
unclear if other religious groups requestion similar exemptions from the laws will be accommodated
Principle/Clause: 1st Amendment; Free Exercise Clause
Roe v. Wade (1973)
Roe sought to abort but state of Texas did not allow abortion unless pregnancy threated the woman’s life
Roe sough injunction from fed courts to allow her abortion
District court struck down Texas law but did not issue an injunction reaching SC
SC ruled in favor of Roe
created trimester framework to guide state laws on issue of abortion
1st trim- cannot place restrictions
2nd trim- must be done safely
3rd trim- states may limit access to abortion
46 states were invalidated and abortion is now legal in all states
Principle/Clause: 14th Amendment; Due Process Clause
Shaw v. Reno (1993)
North Carolina gained a 12th congressional district due to 1990 census
created one minority-majority district in redistricting plan and had to submit plan to fed gov for approval as a result of Voting Rights Act
5 North Carolina residents sued arguing that the district was drawn in unconstitutional manner
district court ruled the 12th Congressional District of NC permissible
challenged again and SC found it unconstitutional
Principle/Clause: 14th Amendment; Equal Protection Clause
United States v. Lopez (1995)
Lopez( 12th Grader) came to Edison HS in Texas carrying concealed .38 caliber handgun w/ 5 bullets
arrested and charged under Texas law w/ firearm possession on school ground
challenged his conviction stating that “The Gun Free School Zones Act” exceeded Congress’s power under Commerce Clause
court ruled in favor of Lopez
case was turning point in defining powers of Congress under interstate commerce clause
Principle/Clause: Article I: Commerce Clause
McDonald v. Chicago (2010)
Otis McDonald, Adam Orlov, Colleen Lawson, and David Lawson were Chicago residents who wanted to keep handguns in their homes for self-defense
Chicago’s firearms laws prohibited this
Chicago’s Municipal Code prohibited registration of most handguns
SC ruled in favor of McDonald
2nd Amendment now applies to state and local government through doctrine of selective incorporation
case reminds us of active and ongoing work of constitutional interpretation
changed balance of power between state and fed govs.
Principle/Clause: 14th Amendment; Due Process Clause; Privileges and Immunities Clause; 2nd Amendment
Citizens United v. FEC (2010)
FECA and BCRA known as McCain-Feingold set limits on campaign fundraising and spending
BRCA restricted corporations and labor unions form using gender funds for “electioneering communications:
Citizens United produced documentary titled Hillary: The Movie and advertised it for 30 days violating BCRA
Citizens United sued arguing that BCRA violates 1st Amendment
District court denies injunction so appealed to SC
Court ruled in favor of Citizens United b/c BCRA violated the 1st Amendment
decision sparked controversy, welcomed it as unquestionable victory for freedom of speech
Principle/Clause: 1st Amendment; Free Speech