Supreme Court Cases
In 1816, the Second Bank of the United States was chartered; soon after, in 1818, however, Maryland decided to pass a law that imposed taxes on the bank. James McCulloch, who served as a cashier at the Baltimore branch of the Second Bank, decided not to pay the tax.
Congress concluded based on the Necessary & Proper Clause that Congress is not limited by its expressed powers. It was decided that through Congress’ implied powers, they had the ability to create a bank. Congress also concluded based on the Supremacy Clause that because the national laws were superior to state laws, the states were not allowed to tax the federal government.
McCulloch v. Maryland (1819)
The 1800 election ended in a defeat for John Adams to Thomas Jefferson. Before Adams’ term ended, Congress passed the Judiciary Act of 1801 (creating new courts, adding new judges). It was an effort by John Adams to keep his own influence in federal courts even though he was leaving office (still occurs today.) His appointments to these courts, however, were not valid until the appointed judges were delivered their commissions by Jefferson’s Secretary of State. Marbury was one of the judges appointed; however, his commission was not delivered.
The design of the judicial branch protects the Supreme Court’s independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice. (Judicial Review)
Marbury v. Madison (1803)
Relating to the racial segregation of schools, African American students had been denied admittance to public schools because of these segregation laws, and many argued that this was in violation of the Constitution.
The Fourteenth Amendment’s equal protection clause as well as other constitutional provisions have often been used to support the advancement of equality. (Equal Protection Clause)
Brown v. Board of Education (1954)
The principal mission of this branch is to make laws. It is split into two different chambers – the House of Representatives and the Senate. Congress is a legislative body that holds the power to draft and pass legislation, borrow money for the nation, declare war, and raise a military. It also has the power to check and balance the other two federal branches.
Article I – The Legislative Branch
The power of the Supreme Court or any court to hold a law or other legal action as unconstitutional.
Judicial Review
Norma McCorvey (Jane Roe) wanted an abortion but could not legally have one in the state of Texas, because of a state law that prohibited abortions except in cases where the mother’s life was in danger. She questioned the legality of this law.
Protections of the Bill of Rights have been selectively incorporated by way of the Fourteenth Amendment’s due process clause to prevent state infringement of basic liberties. (Selective Incorporation)
Roe v. Wade (1973)
The Bipartisan Campaign Reform Act of 2002 had previously banned corporations from independent political spending and direct contributions to campaigns or political parties. In 2008, Citizens United was not allowed to show an anti-Hillary Clinton movie.
The impact of federal policies on campaigning and electoral rules continues to be contested by both sides of the political spectrum. (Federal Policy)
Citizens United v. Federal Election Commission (2010)
This case, also known as the Pentagon Papers case had to do with the First Amendment. The Nixon Administration tried to prevent the New York Times from publishing material that belonged to a Defense Department study about US intervention in Vietnam. President Nixon stated that it was necessary to national security to prohibit it before publication, also known as prior restraint.
Provisions of the US Constitution’s Bill of Rights are continually being interpreted to balance the power of the government and the civil liberties of individuals (First Amendment)
New York Times Co v. United States (1971)
This branch of the government manages the day-to-day operations of government through various federal departments and agencies, such as the Department of Treasury. At the head of this branch is the nationally elected president of the United States. The branch's powers includes making treaties with other nations, appointing federal judges, department heads, and ambassadors, and determining how to best run the country and military operations.
Article II – The Executive Branch
To stand on decided cases; the judicial policy of following precedents established by past decisions.
Stare Decisis
Alfonzo Lopez was a Texas high school senior who took a concealed weapon inside his school. Federal charges were soon imposed because of his violation of the Gun-Free School Zones Act of 1990. The act stated that individuals could not possess firearms within school zones based on the premise of the Commerce Clause.
In the ruling, the law was considered unconstitutional since having a gun in the school zone did not substantially affect interstate commerce, which is a clear provision in the commerce clause. This case also reaffirmed the Tenth Amendment, which protects states’ rights. It was clear through this case that the commerce clause did not grant Congress limitless power.
United States v. Lopez (1995)
Chicago passed a handgun ban law, and several suits were filed against the city challenging the ban after another case (District of Columbia v. Heller). In that case, the Court had held that a DC handgun ban violated the Second Amendment. There, since the law was enacted by the federal government, the Second Amendment was applicable.
In its decision, the Court stated that the handgun ban was unconstitutional in a 5-4 decision. Because the right to self-defense was fundamental, the 2nd Amendment was incorporated to the states through the Fourteenth Amendment’s due process clause.
McDonald v. Chicago (2010)
Charles Baker stated that an old law (1901) that detailed the apportionment for Tennessee’s General Assembly had been ignored, and stated that reapportionment did not take into account the significant change that the state had gone through.
The chief justice and the Court concluded that because of the Fourteenth Amendment issues (through equal protection) that the case seemed to address, the Supreme Court did have the authority to hear this case.
Baker v. Carr (1962)
This article outlines the powers of the federal court system. The article states that the court of last resort is the U.S. Supreme Court and that the U.S. Congress has the power to determine the size and scope of those courts below it. All judges are appointed for life unless they resign or are charged with bad behavior. Those facing charges are to be tried and judged by a jury of their peers.
Article III - The Judicial Branch
Those that are "necessary and proper" to carry out congress' enumerated powers, and are granted to congress through the elastic clause
Implied Powers
The New York Board of Regents had authorized that at the beginning of each day, a short but voluntary prayer would be recited. Several organizations filed suit against the Board of Regents, claiming that the prayer violated the Constitution. The New York Court of Appeals dismissed their arguments.
The court held that states could not hold prayers in public school EVEN IF it was voluntary and EVEN IF the prayer did not adhere to a specific religion. Because the act of prayer was considered a religious activity, having it occur in a public school (which is funded by the government) would go against the establishment clause of the first amendment.
Engel v. Vitale (1962)
Jonas Yoder, as well as other Amish parents, refused to send their children to school after the 8th grade. In accordance with their religion, they did not agree with high school attendance. They were later charged under a Wisconsin law that required students to attend school until age 16.
The court held that the requirement to send children to school beyond the eighth grade was unconstitutional. It stated that an individual’s interest in the free exercise of religion was more powerful than a federal interest in sending children to school beyond the eighth grade.
Wisconsin v. Yoder (1972)
A group of students decided to wear black armbands in order to protest the Vietnam War. Mary Beth Tinker and Christopher Eckhardt decided that they would wear their armbands to school despite warnings from school administration. After wearing the armbands to school, they were sent home. The students decided to sue their school district for violating the freedom of expression.
The Supreme Court held that students still have free speech rights at school, and in order to justify the suppression of speech, the speech must substantially interfere with school operations. As referenced earlier, this case relates directly to the First Amendment, and the ruling confirmed that students’ right of symbolic speech was more powerful than the potential disorder that it could cause.
Tinker v. Des Moines Independent Community School District (1969)
This article determines that the U.S. Constitution, and all laws made from it, are the "supreme Law of the Land," and all officials, whether members of the state legislatures, Congress, judiciary, or the executive branch, have to swear an oath to the Constitution.
Article VI – Debts, Supremacy, Oaths.
An order issues by a higher court to a lower court to send up the record of a case for review.
Writ of Certiorari
During World War I, a pair of socialists, including Charles Schenck distributed leaflets that stated the draft violated the 13th Amendment - which prohibits involuntary servitude. The leaflet wanted people to disobey the draft. Schenck was charged with violating the Espionage Act of 1917. They appealed on the grounds of the First Amendment.
The Supreme Court held that the Espionage Act did not violate the First Amendment and it was an appropriate exercise of Congress’ wartime authority. This was a key limitation on the First Amendment as the free speech clause does not allow for advocacy of unlawful behavior.
Schenck v. United States (1919)
Several North Carolina residents challenged a proposed, unusually shaped district. They believed that the only purpose of the district was that it would definitely elect African-American representatives.
The Supreme Court held, in a majority opinion authored by Sandra Day O’Connor, that because the district was shaped in such a clearly odd way, it was enough to prove that there was a very apparent effort to separate voters racially.
Shaw v. Reno (1993)
Clarence Earl Gideon was charged in Florida state court on a felony - breaking and entering charge. During his trial, Gideon requested that he receive a court-appointed lawyer; however, in accordance with Florida State law, an indigent defendant could only have an attorney be appointed in capital crimes/cases. Gideon then filed a habeas corpus suit, stating that the court’s decision violated his rights to be represented.
The constitutional issue in this case involved the Sixth Amendment and whether the right to counsel guaranteed in this amendment also applied to felony defendants in state court.
Gideon v. Wainwright (1963)
his article defines the relationship between the states and the federal government. The federal government guarantees a republican form of government in each state, protects the nation and the people from foreign or domestic violence, and determines how new states can join the Union. It also suggests that all the states are equal to each other and should respect each other’s laws and the judicial decisions made by other state court systems.
Article IV – The States
To stand on decided cases; the judicial policy of following precedents established by past decisions.
Stare Decisis