Supreme Court Cases
What happened in McCulloch v. Maryland?
The state of Maryland attempted to tax a national bank , but a cashier at the bank named McCulloch refused to pay the tax. It was decided they had the ability to create a bank. But becasue of the supremacy clause, the states were not allowed to tax the federal government.
What happened in Tinker v. Des Moines
Students wore black armbands to protest the vietnam war.The students refused to take them off and were sent home. The Supreme Court held that students still have free speech rights at school.
What happend in McDonald v. Chicago?
Chicago passed a handgun ban law, and several suits were filed against the city challenging the ban. The Court ruled the handgun ban as unconstitutional because it violated the 2nd amendments right to bear arms/self-defense.
Article I – The Legislative Branch
Main job of legistlative 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.
Judicial review
the power of a court to review a statute, treaty or administrative regulation for constitutionality or consistency with a a superior law
What happened in US. v. Lopez?
A student brought a weapon to school. His actions were ruled unconstitutional because it violated the Gun-Free School Zones Act of 1990.
What happened in New York Times Co v. United States
The Nixon Administration tried to prevent the New York Times from publishing material that belonged to a Defense Department and Nixon stated that he had to restrain the publishing for national security. Even though it was for national security, the NY Times had the freedom of press to publish it, even if it would breach national security.
What happened in Brown v. Board of Education?
Relating to the racial segregation of schools, African American students had been denied admittance to public schools because of these segregation laws. The supreme court ruled racial segregation of public schools is unconstitutional.
Article II – The Executive Branch
Executive Branch of the government manages the day-to-day operations of government through various federal departments and agencies. At the head of this branch is the nationally elected president of the United States. The executive branch powers include making treaties with other nations, appointing federal judges, department heads, and ambassadors, and determining how to best run the country and military operations.
Implied powers
Certain powers are given to Congress even though they are not specifically stated in the Constitution. The source of these powers is Article I, Section 8, Clause 18. This clause says that Congress has the power to do whatever is "necessary and proper" to carry out its expressed powers. The powers that Congress has because of Clause 18 are called implied powers. This means they are not stated directly in the Constitution but can be understood to be granted.
What happened in Engel v. Vitale?
New York Board of Regents had authorized that at the beginning of each day, a short but voluntary prayer would be recited. This was ruled unconstitutional, since this was a public school, funded by the government, making it seem as if the government is establishing a religion. It is also because voluntary prayer is a religious activity and this violated the first amendment on freedom of religion.
What happened in Schenck v. United States?
In WW1, leaflets were distributed that stated the draft violated the 13th Amendment. The leaflet wanted people to disobey the draft. Schenck was charged with violating the Espionage Act of 1917. The Supreme Court held that the Espionage Act did not violate the First Amendment and that the free speech clause does not allow for unlawful behavior.
What happened in Citizens United v. Federal Election Commission?
The Bipartisan Campaign Reform Act of 2002 had previously banned corporations from independent political spending and direct contributions to campaigns or political parties. The court ruled that corporations should be considered people and therefore their funding of “independent political expenditures cannot be limited.” This is considered a form of political speech, which is protected by the free speech portion of the First Amendment.
Article III – The Judicial Branch
Article III 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.
Establishment Clause
the First Amendment guarantee that the government will not create and support an official state church
What happened in Marbury v. Madison?
Marbury was one a judge that was appointed; however, his commission was not delivered by Madison. The Court ruled the commission should have been delivered. By declaring a law made by Congress unconstitutional, the practice of judicial review was established.
What happened in Gideon v. Wainwright
During his trial, Gideon requested that he receive a court-appointed lawyer but was not provided with one by the state of Florida. The court ruled in favor of Gideon and that the Sixth Amendment’s right to counsel applies to state court defendants via the Fourteenth Amendment.
What happened in Baker v. Carr?
Charles Baker stated that an old law that detailed the apportionment had been ignored, and stated that reapportionment did not take into account the significant change that the state had gone through. The issue at hand was that whether or not the Supreme Court had the authority to hear cases that related to legislative apportionment. The court ruled that the 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.
Article IV – The States
This 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.
Free Exercise Clause
the First Amendment guarantee that citizens may freely engage in the religious activities of their choice
What happened in Wisconsin v. Yoder
Parents in Wisconsin didn't want to send their kids to 8th grade due to religion. But Wisconsin had a law requiring students to go to school until they were 16. The SCOTUS ruled that as unconstitiuional as the 1st amemendment rules over the state law.
What happened in Roe v. Wade?
A woman 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. SCOTUS ruled that a woman’s right to an abortion fell within the right of privacy and this ruling expanded the definition of privacy.
What happened in Shawn v. Reno?
Residents challenged a unusually shaped district. They believed that the only purpose of the district was that it would definitely elect African-American representatives. The Supreme Court ruled 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.
Article VI – Debts, Supremacy, Oaths
Article VI 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.
Judicial activism
Judges can interpret the Constitution for the times, adapting it to modern situations