Court Cases

Marbury v Madison:

Facts: Marbury sued Madison for not delivering his judicial appointment

Principle: Judicial Review, Article III

Decision: Marybury had a right, but the Court could’nt enforce it

Impact: established judicial review power


McCulloch v Maryland:

Facts: Maryland tried to tax the national bank

Principle: Necessary and Proper Clause, Supremacy Clause

Decision: Congress can create a bank; states can't tax it

Impact: strengthened federal power by confirming implied powers and supremacy of fed laws


Schenck v United States

Facts: Shenck passed out anti-draft leaflets during WWI

Principle: free speech (1st amendment)

Decision: upheld conviction due to “clear and present danger”

Impact: limited free speech during war time


Brown v Board of Ed

Facts: black students denied entry to white schools

Principle: equal protection (14th amendment)

Decision: school segregation is unconstitutional

Impact: overturned plessy; started desegregation


Baker v Carr:

Facts: Tennessee didn't update legislative districts

Principle: equal protection (14th amendment)

Decision: federal courts can rule on redistricting

Impact: “One person, one vote” principle


Engel v Vitale:

Facts: NY public schools held morning prayer

Principle: establishment Clause (1st amendment)

Decision: school-sponsored prayer is unconstitutional

Impact: reinforced separation of church and state


Gideon v Wainwright:

Facts: gideon was denied a lawyer in state court

Principle: right to counsel (6th and 14th amendments)

Decision: states must provide lawyers

Impact: incorporated right to counsel


Tinker v Des Moines

Facts: students wore armbands to protest the vietnam war

Principle: free speech (1st amendment)

Decision: symbolic speech is protected in schools

Impact: protected student expression


NYT Co v US:

Facts: govt tried to block publication of Pentagon papers

Principle: freedom of press (1st amendment)

Decision: prior restraint unconstitutional

Impact: protected press from govt censorship


Wisconsin v Yoder

Facts: Amish families didn't want kids in school past 8th grade.

Principle: free exercise clause (1st amendment)

Decision: compulsory school law violated religious freedom

Impact: expanded religious exemptions


Shaw v Reno

Facts: NC created bizarrely shaped, majority minority district

Principle: equal protection (14th amendment)

Decision: racial gerrymandering is unconstituional

Impact: limited use of race in redistrcting


US v Lopez

Facts: student brought gun to school, charged under federal law

Principle: Commerce Clause

Decision: Gun-Free School Zones Act exceeded federal power

Impact: limited Congress’s use of Commerce power


Citizens United v FEC:

Facts: citizens united wanted to air a political film near an election

Principle: free speech (1st amendment)

Decision: corporations can spend unlimited money on campaigns

Impact: led to Super PACS and more independent expenditures


McDonald v Chicago:

Facts: McDonald challenged Chicagos handgun ban

Principle: right to bear arms (2nd amendment); incorporation

Decision: 2nd Amendment applies to states

Impact: incorporated 2nd amendment via the 14th.  (due process clause)