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Require SCOTUS Cases
Required SCOTUS Cases
| Term | Definition |
|---|---|
| Engel v Vitale 1962 | First Amendment/Establishment Clause - Government-directed prayer in public schools violates the Establishment Clause of the First Amendment, even if the prayer is denominationally neutral and students may remain silent or be excused from the classroom during its recitation. |
| Schenck v. U.S. 1919 | First Amendment/Freedom of Speech/non-protected - Circulars urged "Do not submit to intimidation" but advised only peaceful action such as petitioning to repeal the Conscription Act. Did conviction under the Espionage Act for criticizing the draft violate First Amendment right to freedom of speech? Utterances tolerable in peacetime can be punished during wartime. Clear and present danger test. |
| Tinker v. Des Moines 1969 | Students' wearing of armbands in support of Vietnam truce did not interrupt school activities. Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment? The armbands represented Pure Speech. The Court held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property. |
| Roe v. Wade 1973 | Does the Constitution embrace a woman's right to terminate her pregnancy by abortion? The Court held that a woman's right to an abortion fell within the right to privacy protected by the Ninth & Fourteenth Amendments. The decision gave a woman total autonomy over the pregnancy during the first trimester |
| Brown v. Board of Education 1954 | Does the segregation of public education based solely on race violate the Equal Protection Clause of the Fourteenth Amendment? Separate but equal educational facilities for racial minorities is inherently unequal, violating the Equal Protection Clause of the Fourteenth Amendment |
| Gideon v. Wainwright 1963 | Does the Sixth Amendment's right to counsel in criminal cases extend to felony defendants in state courts?A landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys. An example of Selective Incorporation. |
| Wisconsin v. Yoder 1972 | Did a state requirement that all parents send their children to school at least until age 16 violate the First Amendment by criminalizing the conduct of parents who refused to send their children to school for religious reasons? Holding: Compelling Amish students to attend school past the 8th grade violates the free exercise clause of Amendment I. |
| McDonald v. Chicago 2010 | Does the Second Amendment apply to the states because it is incorporated by the Fourteenth Amendment's Privileges and Immunities (The Privileges and Immunities Clause prevents a state from treating citizens of other states in a discriminatory manner) or Due Process clauses and thereby made applicable to the states?Holding that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states. |
| New York Times Co v. United States 1971 | When the Nixon administration attempted to prevent publication of the Pentagon Papers belong to a classified defense department study, it was ruled that the government could not have Prior Restraint (government action that prohibits speech or other expression before the speech happens) over the press in this case. Bolstered the freedom of the press, establishing a "heavy presumption against prior restraint" even in cases involving national security. |
| Baker v Carr 1962 | Tennessee's reapportionment efforts ignored significant economic growth and population shifts within the state. Did the Supreme Court have jurisdiction over questions of legislative apportionment? The federal government has the ability to intervene in a state's redistricting to ensure fairness because redistricting is not just a political question. |
| Marbury v Madison 1803 | Petitioned the Supreme Court to compel the new Secretary of State to deliver the documents with a writ of mandamus. The provision of the Judiciary Act of 1789 enabling the plaintiff to bring his claim to the Supreme Court was itself unconstitutional. Marshall expanded that a writ of mandamus was the proper way to seek a remedy, but concluded the Court could not issue it. Marshall established the principle of judicial review, i.e., the power to declare a law unconstitutional. |
| McCulloch v Maryland 1819 | Did Congress have the authority to establish the bank? Did state law unconstitutionally interfere with congressional powers? Creation of the bank was implied based upon the enumerated power of Congress to tax- (Implied powers under the Necessary and Proper Clause) A state could not tax federal bank due to Supremacy Clause. |
| Shaw v Reno 1993 | A case in NC with majority-minority districts, court ruled it was an example of racial gerrymandering and thus these districts were unconstitutional. Did the North Carolina residents' claim, that the State created a racially gerrymandered district, raise a valid constitutional issue under the Fourteenth Amendment's Equal Protection Clause?The case was a problem of reverse discrimination. (Redistricting cannot be based on race!) The residents' claim did give rise to an equal protection challenge. |
| Citizens United v FEC 2010 | Political spending by corporations and unions is a form of Constitutionally-protected free speech. The First Amendment protects the right to free speech, despite the speaker's corporate identity. The majority held that under the First Amendment corporate funding of independent political broadcasts in candidate elections cannot be limited. |
| US v Lopez 1995 | Is the 1990 Gun-Free School Zones Act unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause? The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity. In regard to federalism, this ruling supports state authority over the federal government. |
| Griswold v Connecticut 1965 | The Court ruled that the Constitution did protects the right of marital PRIVACY against state restrictions ocontraception. |
Created by:
Lynn Pritt
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