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