Case about Checks and Balances and Separation of Powers

Marbury v. Madison (1803)

Used the Judicial Branch’s inherent power from Article III of the Constitution to establish judicial review as constitutional affirming checks and balances and separation of powers

Judicial Review

Cases about Federalism

McCulloch v. Maryland (1819)

Used the supremacy clause from Article VI of the Constitution to affirm the supremacy of the federal government and the US Constitution over the states and state laws

Elastic Clause (Necessary and Proper Clause) -- established implied power doctrine (vs. just enumerated powers), which strengthened the federal government

United States v. Lopez (1995)

Congress may not use the commerce clause, Article I Section 8, to make possession of a gun in a school zone a federal crime

Commerce Clause devolution

Cases about the Bill of Rights, balance between power of government and individual liberties

Engel v. Vitale (1962)

School sponsorship of religious activities violates the establishment clause in the 1st amendment

1st Amendment; religionestablishment clause

Wisconsin v. Yoder (1972)

Forcing Amish students to attend school past 8th grade violates the free exercise clause of the 1st amendment

1st Amendment; religionfree exercise clausehome school

Tinker v. Des Moines School District (1969)

Public school students retain 1st amendment freedom of speech/expression while on campus, as long as it doesn’t “disrupt the learning environment”

1st Amendment, Free Speechsymbolic speech captive audience doctrine

New York Times v. United States (1971)

Ensures freedom of press clause of the 1st amendment by limiting prior restraint except in most extreme cases of national security

1st Amendment, free pressprior restraint is limited“Pentagon Papers”

Schenk v. US (1919)

Speech that represents a “clear and present danger” is not protected speech under the freedom of speech clause in the 1st amendment

1st Amendment, Free Speech“clear and present danger”“yelling ‘Fire!’ in a crowded theater” - not all speech is protected

Cases about Selective Incorporation via the 14th amendment’s due process clause

Gitlow v. New York (1925)

The first case that used the selective incorporation doctrine, using the due process clause of the 14th amendment to extend the Bill of Rights protections to states

selective incorporation

Gideon v. Wainwright (1963)

Used the 6th amendment to decide that those who cannot afford an attorney will be provided with one, incorporated to the states via the due process clause of the 14th amendment.

selective incorporation 6th AmendmentRight to counsel

Roe v. Wade (1973)

Used the 4th amendments right to privacy to rule that states could not prevent women from having abortions, incorporated to the states via the due process clause of the 14th amendment.

penumbras (HINT: Griswold v. Connecticut, a case about contraception, that originally established penumbras, or “zones of privacy” inherent in the Bill of Rights)right to privacy / abortion

McDonald v. Chicago (2010)

The 2nd amendment prevents states from limiting gun ownership for self-protection, incorporated to the states via the due process clause of the 14th amendment.

14th Amendment due process clausePrivileges and Immunities Clause2nd amendment

Cases about the 14th amendment’s equal protection clause supports equality of individuals

Brown v. Board of Education (1954)

School segregation violates the equal protection clause of the 14th amendment - overturned Plessy v. Ferguson’s separate but equal doctrine

14th Amendment’s equal protection clause

Cases about campaigning, election rules, and redistricting

Baker v. Carr (1961)

Used the equal protection clause in the 14th amendment to apply to redistricting - established “one person one vote” doctrine

“the political thicket” (i.e. the political question and the role of the SCOTUS)gerrymandering (though this is secondary)“one man, one vote”

Shaw v. Reno (1993)

Used equal protection clause in the 14th amendment to prohibit states from racial gerrymandering

14th Amendment’s equal protection clause Section V of the Voting Rights Act (pre-clearance clause)racial gerrymandering vs. communities of interestmajority-minority district

Citizen United v. Federal Election Commission (2010)

Political spending by corporations and organizations is protected speech under the 1st amendment and cannot be limited by government

1st Amendment Free Speech(Used Buckley v. Valeo - campaign donations were protected expression and cannot be limited by the government)