Court Cases that Strengthened
the Constitution
2.05 Analyze court cases that illustrate
that the United States Constitution is
the supreme law of the land.
Court cases are titled by listing the name of the
plaintiff versus (abbreviated using the letter v)
the name of the defendant. Example:
Marbury (plaintiff) v. Madison (defendant).
A. Marbury v. Madison (1803)
1. Constitutional Question: When does the Supreme
Court have original jurisdiction?
2. Plaintiff John Marbury believed he was entitled to his
commission (judge) from previous president John
Adams.
3. Defendant James Madison was ordered not to deliver
the commissions that Adams had issued.
4. Supreme Court Decision: Part of Judiciary act
declared unconstitutional because Supreme Court did
not have original jurisdiction in this case.
5. Outcome: established the Supreme Court’s power of
judicial review making the judicial branch equal to
the legislative and executive branches.
B. McCulloch v. Maryland (1819)
1. Constitutional Question: Can States tax federal
institutions?
2. Plaintiff James McCulloch believed that the state of
Maryland could not tax the US Bank.
3. Defendant: Maryland state officials believed the bank
was unconstitutional and the state could tax the bank
to regulate it.
4. Supreme Court Decision: Necessary & Proper clause
gives Congress power to create bank and since the
bank is part of the federal government, the State
cannot tax.
5. Outcome: strengthened the federal government’s
power over state’s power. And upheld implied
powers.
C. Gibbons v. Ogden (1824)
1. Constitutional Question: To what extent can
Congress regulate interstate trade?
2. Plaintiff Thomas Gibbons was given a federal
steamboat license for use in New York and New
Jersey.
3. Defendant Aaron Ogden was given an exclusive
steamboat license by the state of New York.
4. Supreme Court Decision: The court ruled in favor of
Gibbons stating that the federal government is
supreme in all interstate commerce matters.
5. Outcome: strengthened the federal government’s
power over states power.
D. Dred Scott v. Sandford (1857)
1. Constitutional Question: Can Congress place limits on
where slave owners can take their slaves?
2. Plaintiff Dred Scott was taken to a free state and
therefore believed he should be free.
3. Defendant refused to give up slave even though late
husband had set Scott free.
4. Supreme Court Decision: Court found that Scott had no
standing in the Court and therefore could not sue and
declared portions of the Missouri Compromise
unconstitutional.
5. Outcome: strengthened states rights, Congress could
not outlaw slavery in territories.
E. Plessy v. Ferguson (1896)
1. Constitutional Question: Can the races be separated?
2. Plaintiff Homer Plessy (1/8th African American)
challenged Louisiana law which separated the races
on trains
3. Defendant believed it was okay to provide separate
accommodations for the different races
4. Supreme Court Decision: The Supreme Court upheld
the Louisiana law as Constitutional, which created the
“Separate but Equal” doctrine
5. Outcome: Strengthened states’ rights and ushered in
the era of Segregation in public facilities.
Meet Homer Plessy
F. Korematsu v. United States (1944)
1. Constitutional Question: Was sending Japanese
American’s to internment camps a constitutional
exercise of the president and Congress’s war powers?
2. Plaintiff Korematsu refused to leave his home and go to
a relocation camp
3. Defendant: President as Commander in Chief and
Congress who declares war are within war powers and
can remove suspected war “enemies”
4. Supreme Court Decision: Found that Congress and
President within powers during war
5. Outcome: Would this issue stand up in the Supreme
Court today?
G. Brown v. Board of Education,
Topeka Kansas (1954)
1. Constitutional Question: Is Separation of the races in
public schools constitutional?
2. Plaintiff: Brown’s daughter passed an all white school
on way to black school.
3. Defendant: Separate but equal is law and has been
upheld by the Supreme Court on several occasions.
4. Supreme Court Decision: “Separate but equal” is
inherently unequal; causes harm to African American
students.
5. Outcome: Supreme Court broke with precedent, which
was the beginning of the end of segregation
H. Heart of Atlanta Motel, Inc. v.
United States (1964)
1. Constitutional Question: Can Congress end discrimination
in privately owned facilities?
2. Plaintiff believes that the Civil Rights Act of 1964
unconstitutional and deprives private business owners their
constitutional rights to choose their clientele.
3. Defendant United States government’s job is to end
discrimination and enforce the Civil Rights Act and regulate
interstate commerce.
4. Supreme Court Decision: Commerce Clause and 14th
Amendment allowed Congress to pass the Civil Rights Act
5. Outcome: Civil Rights Act of 1964 ended segregation in
privately owned facilities.
I. Swann v. Charlotte-Mecklenburg
School System (1971)
1. Constitutional Question: How can schools be
integrated per the Brown v. Board Decision?
2. Plaintiff’s Son was denied access to a neighboring
white school due to overcrowding.
3. Defendant Charlotte-Mecklenburg schools rezoned the
county and offered a free transfer provision and used
bussing to support new plan.
4. Supreme Court Decision: Ruled that local governments
must create active plans to end segregation; bussing
was a constitutional option.
5. Outcome: led to the widespread use of busing to end
segregation by federal judges in the South, but bussing
as an option was later overturned.