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.

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.

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.

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6 Cases

Required SCOTUS Cases In Addition to Scotus Unit

Term	Definition
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.

Created by: Lynn Pritt

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