Supreme Court Cases

Question 1

Marbury v. Madison 1803

Answer 1

Established the power of judicial review (the ability of the Supreme Court to overturn federal law)
-relevant to any question about juridical activism or restraint or any nature about the political nature of the court

Question 2

Please v. Ferguson 1896

Answer 2

Upheld the constitutionality of racial segregation laws for public facilities as long as they are equal in quality
-relevant to judicial restraint, state laws

Question 3

Lochner v. New York 1905

Answer 3

Held that limits to working time violated the 14th amendment (since been overturned)
-judicial activism, living constitution, anti-cannon

Question 4

Korematsu v. United States 1944

Answer 4

Case concerning constitutionality of an executive order which ordered Japanese Americans into interment camps- found to be constitution
-judicial restraint, anti-canon

Question 5

Brown v. Board of education 1954

Answer 5

Supreme Court struck down state laws establishing separate public schools for black and white students as they violated the ‘equal protection’ clause (14th amendment)
-judicial activism, argument against originalism as not based on originalist approach

Question 6

Cooper v. Aron 1958

Answer 6

Supreme Court extended judicial review

Question 7

Griswold v. Connecticut 1956

Answer 7

Ruled that the constitution, through the bill of rights, implies a fundamental right to privacy

Question 8

Miranda v Arizona 1966

Answer 8

Police must advice criminal suspects of their rights under the constitution to remain silent, to consult a lawyer and to have one appointed to them if they are indigent
-protection of rights

Question 9

Roe v. Wade 1973

Answer 9

Supreme Court struck down laws that’s made abortion illegal

• judicial activism
• against originalism as the decision was on the basis of the liberal reading of the ‘right to privacy’

Question 10

Texas v. Johnson 1989

Answer 10

Invalidated prohibitions on desecrating the American flag enforced in 48/50 states
-judicial activism, originality reading, Scalia concurred with majority

Question 11

Lawrence v. Texas 2003

Answer 11

Supreme Court struck down sodomy laws in 14 states, making same sex sexual activity legal in all states

• judicial activism
• political nature of the court

Question 12

Gonzalez v. Raich 2005

Answer 12

Ruled under the commerce clause (constitution), congress may criminalise the production and use of homegrown cannabis even if states approve its use for medical purposes

• judicial restraint
• scope of commerce clause expanded
• justice Thomas dissented-consistent originalist stance

Question 13

District of Columbia v. Heller 2008

Answer 13

Protects individual rights to possess a firearm (upholding 2nd amendment)

• key example of originalism
• however shows originalism is inconsistent as Scalia and Stevens both reach different conclusions

Question 14

Citizens United v. FEC 2010

Answer 14

Supreme Court struck down a federal election law that restricted spending on election advertising by cooperations and other associations

• judicial activism
• conservative activism

Question 15

NFIB v. Sebelius 2012

Answer 15

Upheld most of the Patient protection and Affordable Care Act

• key example of judicial restraint
• Roberts voted to uphold

Question 16

Shelby County v. Holder

Answer 16

The requirement for federal pre clearance for certain states wishing to change their voter ID laws overturned as a violation of states rights

• conservative activism
• states rights

Question 17

Obergefell v. Hodges 2015

Answer 17

SCOTUS ruled that the fundamental right to marry is guaranteed to same sex couples by the Due Process clause and the Equal Protection clause of the 14th Amendment

• judicial activism
• living constitution
• Kennedy sided with liberals