SCOTUS Top 15 Cases Flashcards
Marbury v. Madison
What was the outcome of the case?
Facts?
Established the prinicple of judicial review, meaning the supreme court can declare an act of congress or the president unconstitutional.
It ultimatly made the supreme court an equal player with the other branches. A dude wanted his judgeship and Madison wouldn’t give it to him.
McCulloch v. Maryland
How did this case affect congress?
Facts?
Article 1, section 8, clause 1, The nessecary and proper clause. Congress can stretch their powers beyond their expressed powers, and it affirms the supremacy clause (National government > state government). Congress has implied powers.
Congress can establish a national bank, and the states have to accept the national bank like any other bank and can’t ice it out.
Scheck v. US
Are there limits to the right to free speech given in the first amendment?
Facts of the case?
Yes. Freedom of speech is not absolute, and it can be limited in times of war if the security of the nation is at risk. The pamphlets handed out could cause significant disruption to the war effort, and therefore it was okay his free speech was limited.
This case has since been overturned. First Amendment
A guy was sending pamphlets telling draftees to resist the draft, and to not go into their mandatory army service during World War 1. He was charged for violating the Espionage Act.
Brown v. Board of Education
What was the result of the case?
Facts?
“Seperate but equal” is inherently unequal, and is a violation of the equal protection clause of the 14th Amendment.
Overturned plessy v. furgeson
A family wanted to send their young, black daughter to a white public school because not only was it closer but it was also better quality. Seperate but equal was not actually working out to be equal.
Baker v. Carr
Does the court have jurisduction over questions of legislative apportionment?
as in how states draw congressional districts
facts?
Sometimes. Voters can challange apportionment schemes in Federal courts. Established the “one person, one vote”.
14th Amendment, Equal protection clause.
Tenessee hadn’t reappointed state legislature lines in almost sixty years, even though the constitution called for one every 10. A dude went to court over it, and here we are.
Engel v. Vitale
Can schools have a short, non-denomonational prayer at the begining of the day, even if it’s not mandatory?
Facts?
Nope. This case affirms a wall of seperation, meaning the church and state are totally seperated. If they overlap at all, it will always cause an imbalance of power.
First Amendment, Establishment clause.
NY schools began saying a short, optional, nondenomonational prayer at the ebginning of the day. Five families who had their children in these schools spoke out, saying it violated the establishment clause of the first amendment and made their kids uncomfortable in school.
Gideon v. Wainwright
Does the 6th amendment apply to the states?
Facts?
Yes. In state cases, the defendant has the right to a speedy and public trial, with a jury and have a lawyer. This also means the court has to provide a lawyer to the defendant if they don’t have the means to pay for one themselves.
6th Amendment, Right to Council.
This was an incorporation case that created public defenders.
Tinker v. Des Moines
How far do free speech rights go for students in schools?
Facts?
As long as there’s no noticable disruption that the expression is causing, it is a protected speech and cannot be violated by the school. Political speech is protected.
First amendment, free speech clause.
A few schoolchildren wore armbands to school in protest of the vietnam war. As a result, they were suspended from school. This suspension was unconstitutional, seeing as the students were using their right to free speech.
New York Times v. US
Does the publishing of leaked national secrets limit the NYT freedom of press?
Facts?
Nope. The NYT was allowed to publish their article, and if the government restricted this publication, it would violate their freedomm of press under the first amendment. The term “security” is too loose to justify the cencorship of the newspaper on the basis of “national security”.
First amendment, freedom of press
The New York times was going to publish an article including information that was illegally leaked from the national government. The president and his administration tried to censor the publication in the name of “national security”.
Wisconsin v. Yoder
Is the school district allowed to create a law saying children have to stay in school until their 16?
Facts?
Nope. This indrectly targeted the Amish children, who were pulled out of school at age 14-15 for religious reasons, and even though the laws didn’t directly name the Amish, that where the policy was targeted.
First Amendment, Free Exercise clause
A few amish kids left school after they finished eighth grade because its their religious tradition to do so. The school then made a policy saying kids had to stay in school until they were 16, and fined the families of the children. They went to court.
Roe v. Wade
Does the Constitution recognize a womans right to terminate her pregnancy by abortion?
Facts?
Yes. The court extended the “right to privacy” in the constitution to abortion. It established a womans right to an abortion, which is not an absolute right.
9th Amendment, unenumerated rights. Has since been overturned
A woman challanged her states rights regarding abortions, claiming they were intentionally vauge and broke her right to personal privacy as stated in the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.
Shaw v. reno
Is there a compelling need for the courts to intervine in unfair racial redistricting?
Facts?
Yep. Race cannot be the predomenant factor in factor in drawing the district lines, but it can be a factor.
14th Amendment Equal Protection Clause
Using strit scrutiny, which is a long process, to redistrict by race. Lines for redistricting were drawn so oddly that it had to be based on race, which isn’t okay.
US v. Lopez
Through the commerce clause, does Congress have the power to regulate gun control laws in schools?
Facts?
No. Congress doesn’t have the power to regulate it because it’s not actually an economic activity, and therefore doesn’t fall under congresses power to regulate commerce.
Federalism and the commerce clause.
A kid was charged for bringing concealed weapon into his high school, and under the gun free school zone act, was arrested. The result reinstated some states rights and the limits of congresses power.
McDonald v. City of Chicago
Does the second amendment’s right to bear arms apply to the states?
Facts?
Yes. The right to self defence is a “fundemental to ordered liberty”, and Chicagos ban on handguns was unconstitutional.
Incorporation case of the Second amendment through the 14th.
An older man living in a declining neighborhood in chicago wanted to buy a handgun to protect himself. He wasn’t able to, because the City of Chicago had a handgun ban. He went to court.
Citizens United v. FEC
Can corporate funding of independant political broadcasts in elections be limited?
Facts?
No, they cannot. Corporations can spend an unlimited amount of money on electioneering that’s spent independantly from a candidates campaign.
First amendment, freedom of speech
This guy wanted to spend more than the legal amount of money to suport a candidate seperate from their campaign, and he claimed that restriction also restricted his freedom of speech and expression. He went to court.
