Court Cases
McCulloch v Maryland (1819)
Supremacy Clause and Elastic Clause
SCOTUS ruled that Congress can create a
bank. Although it is not an expressed
power, the use of the elastic clause to carry
out its purpose of “coin and borrow
money” was constitutional. SCOTUS also
said a state cannot tax a federal institution
based on the supremacy clause.
United States v Lopez (1995)
Commerce Clause
Gun Free School Zones Act exceeded
Congress' authority to regulate interstate
commerce.The Court ruled that Congress
did not have the authority under the
Commerce Clause to outlaw guns near
schools.
Baker v Carr (1962)
Role of Supreme Court and 14th Amendment - Equal
Protection Clause
SCOTUS decided that redistricting issues
present justiciable questions, thus enabling
federal courts to intervene in and to decide
redistricting cases. SCOTUS then ordered
state legislative districts to be as equal as
possible establishing the idea of “one man,
one vote”.
Shaw v Reno (1993)
14th Amendment - Equal Protection Clause
This case involved gerrymandering. SCOTUS
said that redistricting based on race must be
held to a standard of strict scrutiny under
the equal protection clause. Race cannot be
the sole or predominant factor in redrawing
legislative boundaries.
Marbury v Madison (1803)
Article III- role of judicial branch
Established the principle of judicial review.
The Supreme Court is allowed to nullify an
act of the legislative or executive branch
that violates the Constitution. This
strengthened the power of the Judicial
branch.
Schenck v United States (1919)
1st Amendment – Free Speech
The defendant, Schenck, who handed out anti-draft
pamphlets during World War I was not protected
under the First Amendment because it created a
clear and present danger. SCOTUS established the
“clear and present danger” test to define conditions
under which public authorities can limit free speech.
Tinker v Des Moines (1969)
1st Amendment- Freedom of Speech
SCOTUS ruled that students do not “shed their constitutional rights”
to freedom of speech or expression at the schoolhouse gate.
Wearing armbands to protest the Vietnam War was not a disruption
to learning thus schools could not ban students.
The court protected some forms of symbolic speech.
New York Times v U.S. (1971)
1st Amendment – Freedom of Press
Government cannot use prior restraint. The ruling
made it possible for newspapers to publish the
then-classified Pentagon Papers without risk of
government censorship or punishment. SCOTUS held
that efforts to prevent the publication violated the 1st
Amendment.
Engel v Vitale (1962)
1st Amendment - Establishment Clause
SCOTUS struck down state-sponsored
prayer in public school. Ruled that this
was an unconstitutional violation of the
Establishment Clause.
Wisconsin v Yoder (1972)
1st Amendment - Free Exercise Clause
The case dealt with the Amish community’s desire to pull their children
from public school before the age of 16 (which was required by law )so
that they could help with farm and domestic work, and learn trade skills.
SCOTUS sided with the Amish and held that the parents' fundamental
right to freedom of religion was determined to outweigh the state's
interest in educating its children. Thus compelling Amish students to
attend school past 8th grade is illegal.
McDonald v Chicago (2010)
2nd Amendment
14th Amendment due process clause
SCOTUS held that the right of an individual
to “keep and bear arms” is protected by the 2nd Amendment.
The 2nd Amendment is incorporated by the Due Process
Clause of the 14th Amendment and thus applies to the states.
The decision cleared the uncertainty left after DC v Heller.
Gideon v Wainwright (1963)
6th Amendment - Right to Counsel
14th Amendment - due process clause
Ruled that the Sixth Amendment
right-to-counsel provision applies to those
accused of major crimes under state laws
as well as federal laws. This is another
example of selective incorporation.
Roe v Wade (1973)
14th Amendment Due Process Clause
SCOTUS ruled that the decision to obtain an abortion is
protected by the right to privacy implied by the Bill of Rights and
the due process clause of the 14th Amendment.
Brown v Board of Ed. (1954)
14th Amendment - Equal Protection Clause
SCOTUS ruled that racially segregated schools violated the
Equal Protection Clause of the Fourteenth Amendment. This
decision reversed the principle of “separate but equal”
established in Plessy v. Ferguson.
Citizens United v F.E.C. (2010)
1st Amendment - Free Speech
SCOTUS struck down the restrictions on political spending by
corporations, associations and labor unions enacted by the
McCain Feingold/Bipartisan Campaign Reform Act of 2002. The
restrictions were considered a violation of the 1st Amendment.
Led to record spending in the 2010 election cycle by corporations
and special interests.