Clause/Amendment: Article III – Judicial Review
Context: William Marbury sued Secretary of State James Madison for not delivering his commission as a justice of the peace.
Decision: The Court established judicial review, ruling that part of the Judiciary Act of 1789 was unconstitutional. The Supreme Court can declare laws unconstitutional.
Clause/Amendment: Necessary and Proper Clause & Supremacy Clause
Context: Maryland taxed the federal Bank of the United States; McCulloch (bank cashier) refused to pay.
Decision: Congress had the implied power to create a bank; states can't tax federal institutions. Federal power is supreme over state power.
Clause/Amendment: First Amendment – Free Speech
Context: Schenck distributed leaflets urging resistance to the WWI draft; he was convicted under the Espionage Act.
Decision: Free speech can be restricted if it creates a "clear and present danger" (like yelling fire in a crowded theater).
Clause/Amendment: 14th Amendment – Equal Protection Clause
Context: African American students were denied admission to white public schools.
Decision: Racial segregation in public schools is inherently unequal and unconstitutional.
Clause/Amendment: 14th Amendment – Equal Protection Clause
Context: Tennessee had not redrawn legislative districts for decades, leading to unequal representation.
Decision: The Court ruled that federal courts can hear redistricting cases ("one person, one vote" principle).
Clause/Amendment: First Amendment – Establishment Clause
Context: New York public schools encouraged a voluntary, non-denominational prayer.
Decision: School-sponsored prayer in public schools is unconstitutional.
Clause/Amendment: 6th Amendment – Right to Counsel (and 14th Amendment Incorporation)
Context: Clarence Gideon was denied a lawyer because Florida only provided counsel for capital cases.
Decision: States must provide attorneys to defendants who can't afford one in criminal cases.
Clause/Amendment: First Amendment – Free Speech
Context: Students wore black armbands to protest the Vietnam War and were suspended.
Decision: Students do not lose First Amendment rights at school unless the speech substantially disrupts the learning environment.
Clause/Amendment: First Amendment – Freedom of the Press
Context: The Nixon administration tried to block the New York Times from publishing the Pentagon Papers.
Decision: Government cannot exercise prior restraint (censorship before publication) unless national security is directly and immediately threatened.
Clause/Amendment: First Amendment – Free Exercise Clause
Context: Amish families refused to send their children to school past eighth grade for religious reasons, violating Wisconsin law.
Decision: Compelling Amish students to attend school beyond eighth grade violated their free exercise of religion.
Clause/Amendment: 14th Amendment – Due Process Clause (right to privacy)
Context: A woman sought to terminate her pregnancy but was barred by Texas law.
Decision: Women have a constitutional right to an abortion during the first trimester.
Clause/Amendment: 14th Amendment – Equal Protection Clause
Context: North Carolina created a bizarrely shaped majority-minority district to elect more Black representatives.
Decision: Racial gerrymandering is unconstitutional; race cannot be the predominant factor in redistricting.
Clause/Amendment: Commerce Clause
Context: A student brought a gun to school; charged under the federal Gun-Free School Zones Act.
Decision: The Act exceeded Congress’s commerce power; limited the scope of the Commerce Clause.
Clause/Amendment: 2nd Amendment (incorporated via the 14th Amendment)
Context: Chicago’s handgun ban was challenged after the D.C. v. Heller decision.
Decision: The Second Amendment applies to states; individuals have the right to possess firearms for self-defense