Court Cases

McCulloch v. Maryland

  • Details: Whether the government could create a national bank or not

  • Reasoning: in Article 1 Section 8 Elastic clause allows the government to create a bank to carry out its enumerated powers. Supremacy clause in Article 6 states federal law trumps state law

Baker v Carr

  • Details: Malapportionment is illegal. Establishes the political question test (can SCOTUS enact judicial review?)

  • Reasoning: the 14th Amendment’s Equal Protection Clause affirms that everyone’s vote is equal. 

US v. Lopez

  • Details: can the national government regulate guns in school

  • Reasoning: No, because of the commerce clause. Guns aren’t related to the economy

Shaw v Reno

  • Details: No racial gerrymandering 

  • Reasoning: EPC of the 14th Amendment

McDonald v. Chicago

  • Details: States can’t ban guns

  • Reasoning: Selective incorporation (Bill of Rights must apply to the states) from the 14th Amendment. Due Process Clause= government can not take away fundamental rights (applied to states in 14th Amendment)

Marbury v. Madison

  • Details: Can the court force the executive to do its job? NO

  • Reasoning: Judiciary Act is unconstitutional. Supremacy clause= Judiciary must interpret Constitution 

Wisconsin v. Yoder

  • Details: Religion vs. state education 

  • Reasoning: Free Exercise Clause of the 1st Amendment

Tinker v. Des Moines

  • Details: Can students use armbands to protest Vietnam war

  • Reasoning: Yes, symbolic speech from the free exercise clause

NYT vs US

  • Details: Can the government exercise prior restraint on newspapers?

  • Reasoning: No, freedom of the press in 1st Amendment

Engel v. Vitale

  • Details: Can schools force prayer?

  • Reasoning: No, establishment clause of 1st Amendment

Gideon v. Wainright

  • Details: Do states guarantee an attorney 

  • Reasoning: Yes, selective incorporation of the 6th Amendment 

Schenck v. US

  • Details: Can a country limit speech? Context: WWI and the Espionage Act

  • Reasoning: Yes, establishes ‘clear and present danger’ test. 1st Amendment limited.

Brown v. Board: 

  • Details: Racial segregation in schools is unconstitutional 

  • Reasoning: 14th Amendment, EPC= states can’t deny students education.