Landmark Supreme Court cases: Difference between revisions
No edit summary |
|||
Line 11: | Line 11: | ||
!Date | !Date | ||
!Court | !Court | ||
! | !Issues / Doctrine | ||
!Constitutional Issues | !Constitutional Issues | ||
!Issues / Background / Description / Opinion / Dissent | !Issues / Background / Description / Opinion / Dissent | ||
Line 23: | Line 23: | ||
- Political Question doctrine | - Political Question doctrine | ||
| | |Equal protection clause | ||
(14th amendment) | |||
Judicial review | |||
| | | | ||
* ruled that the state of Tennessee had ignored a 1901 state law that required redistricting to be adjusted according to census results | * ruled that the state of Tennessee had ignored a 1901 state law that required redistricting to be adjusted according to census results | ||
Line 62: | Line 63: | ||
|Roberts | |Roberts | ||
|campaign finance law | |campaign finance law | ||
|Free speech clause (1st amendment) | |Free speech clause | ||
(1st amendment) | |||
| | | | ||
* held that "political spending" by organizations is protected speech | * held that "political spending" by organizations is protected speech | ||
Line 76: | Line 78: | ||
|1962 | |1962 | ||
|Warren | |Warren | ||
| - prayer in public school | | ''Can public schools conduct prayer?'' | ||
- prayer in public school | |||
- "separation of Church and State" doctrine | - "separation of Church and State" doctrine | ||
|Establishment clause (1st amendment) | |Establishment clause (1st amendment) | ||
Line 84: | Line 87: | ||
<div class="mw-collapsible mw-collapsed"> | <div class="mw-collapsible mw-collapsed"> | ||
* the ruling affirmed the "wall of separation between Church and State," which is from a published letter by President Thomas Jefferson in 1802 | * the ruling affirmed the "wall of separation between Church and State," which is from a published letter by President Thomas Jefferson in 1802 | ||
* dissent: | * dissent: Justice Stewart argued that the Establishment clause prohibited creation of a state- (government) sponsored church and not the non-mandatory practice of religion within a public school | ||
</div> | </div> | ||
| | | | ||
*[[wikipedia:Abington_School_District_v._Schempp|Abington School District v. Schempp]] (1963: banned public school-sponsored Bible reading) | *[[wikipedia:Abington_School_District_v._Schempp|Abington School District v. Schempp]] (1963: banned public school-sponsored Bible reading) | ||
*[[wikipedia:Wallace_v._Jaffree|Wallace v. Jaffree]] (1985: banned school-sponsored prayer but allowed for school-sponsored moment of silence for individual meditation) | *[[wikipedia:Wallace_v._Jaffree|Wallace v. Jaffree]] (1985: banned school-sponsored prayer but allowed for school-sponsored moment of silence for individual meditation) | ||
|- | |||
| | |||
=== Ex parte Milligan === | |||
|1866 | |||
| | |||
|''Can a military court try a citizen?'' | |||
| | |||
| | |||
| | |||
|- | |- | ||
| | | | ||
Line 95: | Line 106: | ||
|1963 | |1963 | ||
|Warren | |Warren | ||
| | | - public counsel | ||
- incorporation case | - incorporation case | ||
|Right to counsel (6th amendment) | |Right to counsel (6th amendment) | ||
Line 102: | Line 113: | ||
click EXPAND for more: | click EXPAND for more: | ||
<div class="mw-collapsible mw-collapsed"> | <div class="mw-collapsible mw-collapsed"> | ||
* the unanimous decision held that a state must provide counsel for criminal defendants who can not afford an attorney or who are otherwise incapable of representing themselves (incompetency or illiteracy) | * the unanimous decision held that a state must provide counsel for criminal defendants who can not afford an attorney or who are otherwise incapable of representing themselves (incompetency or illiteracy) | ||
* ''Gideon'' is an incorporation case, as the 6th amendment right to counsel was applied state law via the 14th amendment's Due Process clause | * ''Gideon'' is an incorporation case, as the 6th amendment right to counsel was applied state law via the 14th amendment's Due Process clause | ||
</div> | </div> | ||
Line 113: | Line 124: | ||
*[[wikipedia:Miranda_v._Arizona|Miranda v. Arizona]] (1966: self-incrimination protections; incorporation of 5th amendment; see also [[wikipedia:Berghuis_v._Thompkins|Berghuis v. Thompkins]] 2010) | *[[wikipedia:Miranda_v._Arizona|Miranda v. Arizona]] (1966: self-incrimination protections; incorporation of 5th amendment; see also [[wikipedia:Berghuis_v._Thompkins|Berghuis v. Thompkins]] 2010) | ||
|- | |||
| | |||
=== Heart of Atlanta Motel v. US === | |||
|1964 | |||
|Warren | |||
| | |||
|Commerce clause | |||
equal protection | |||
|(1964: court ruled that the Commerce Clause gave Congress the power to prohibit racial discrimination in "public accommodations", i.e. businesses open to the public) | |||
| | |||
|- | |||
| | |||
=== Lemon v. Kurtzman === | |||
|1971 | |||
|Burger | |||
|''Can a state fund teach pay for religious schools?'' | |||
- government entanglement with religion | |||
- "Lemon Test": to assess secular (non-religious) purpose | |||
|Establishment clause | |||
(1st amendment) | |||
|<< to do | |||
| | |||
|- | |- | ||
| | | | ||
Line 119: | Line 152: | ||
|Marshall | |Marshall | ||
|Judicial supremacy | |Judicial supremacy | ||
| | | | ||
* Judicial review | * Judicial review | ||
* Original jurisdiction (Article III, Section 2) | * Original jurisdiction (Article III, Section 2) | ||
Line 147: | Line 180: | ||
click EXPAND for more: | click EXPAND for more: | ||
<div class="mw-collapsible mw-collapsed"> | <div class="mw-collapsible mw-collapsed"> | ||
* the Court ruled that the National Bank was legitimate and superseded (was over) state law, thus Maryland could not tax it | * the Court ruled that the National Bank was legitimate and superseded (was over) state law, thus Maryland could not tax it | ||
* the Court ruled that if the National Bank was legal (constitutional) measures to implement it were also Constitutional via the "necessary and proper clause" | * the Court ruled that if the National Bank was legal (constitutional) measures to implement it were also Constitutional via the "necessary and proper clause" | ||
* additionally, if a federal law was legal it is also "supreme" (Article VI) over state law | * additionally, if a federal law was legal it is also "supreme" (Article VI) over state law | ||
* Marshall's ruling denied 10th amendment reservations of unexpressed powers | * Marshall's ruling denied 10th amendment reservations of unexpressed powers | ||
</div> | </div> | ||
| | | | ||
Line 158: | Line 191: | ||
|2010 | |2010 | ||
|Roberts | |Roberts | ||
| | | - right to "keep and bear arms | ||
<nowiki>- incorporation case</nowiki> | <nowiki>- incorporation case</nowiki> | ||
| | | | ||
Line 238: | Line 271: | ||
|Rehnquist | |Rehnquist | ||
|<nowiki>- redistricting and gerrymandering</nowiki> | |<nowiki>- redistricting and gerrymandering</nowiki> | ||
|equal protection (14th amendment) | |equal protection | ||
(14th amendment) | |||
| | | | ||
* ruled that redistricting based on race (i.e. creating voting districts based on the race of the inhabitants) must meet the "strict scrutiny" standard (be carefully examined and measured for purpose and effect) | * ruled that redistricting based on race (i.e. creating voting districts based on the race of the inhabitants) must meet the "strict scrutiny" standard (be carefully examined and measured for purpose and effect) | ||
Line 255: | Line 289: | ||
|1969 | |1969 | ||
|Warren | |Warren | ||
|<nowiki>- protests in public schools</nowiki> | |''Can public schools regulate student speech?''<nowiki>- protests in public schools</nowiki> | ||
- public safety (protecting children) v. rights of minors | - public safety (protecting children) v. rights of minors | ||
- "substantial disruption" test | - "substantial disruption" test | ||
| | |Free speech clause | ||
(1st amendment) | |||
| | | | ||
* students who wore armbands to protest the Vietnam War were suspended by the school for violating a rule that was created specifically for this protest | * students who wore armbands to protest the Vietnam War were suspended by the school for violating a rule that was created specifically for this protest | ||
click EXPAND for more: | click EXPAND for more: | ||
<div class="mw-collapsible mw-collapsed"> | <div class="mw-collapsible mw-collapsed"> | ||
* the court held that the "silent symbol" of the armbands was not disruptive and the conduct of the students did not "materially and substantially interfere" with school operations or discipline | * the court held that the "silent symbol" of the armbands was not disruptive | ||
* and the conduct of the students did not "materially and substantially interfere" with school operations or discipline | |||
* and that even if they caused "discomfort and unpleasantness" in those who disagreed with them, the rights of the students | * and that even if they caused "discomfort and unpleasantness" in those who disagreed with them, the rights of the students | ||
* the court allowed for circumstances in which student speech might cause disruptions | * the court allowed for circumstances in which student speech might cause disruptions | ||
* the court created a "substantial disruption" test | * the court created a "substantial disruption" test | ||
* two justices dissented, including Justice Black who stated that "symbolic speech" was not a protected 1st amendment right and that people do not have a particular right to speak any "where" and "when" they please | * two justices dissented, including Justice Black who stated that "symbolic speech" was not a protected 1st amendment right and that people do not have a particular right to speak any "where" and "when" they please | ||
</div> | </div> | ||
Line 300: | Line 336: | ||
|1972 | |1972 | ||
|Burger | |Burger | ||
|<nowiki>- parental rights </nowiki> | |''Can a state force parents who object on religious grounds to send their children to school?'' | ||
<nowiki>- parental rights </nowiki> | |||
- freedom of religion | - freedom of religion | ||
Line 306: | Line 343: | ||
- incorporation case (via the 14th Amendment's equal protection clause) | - incorporation case (via the 14th Amendment's equal protection clause) | ||
| | | | ||
* the Court ruled that the First Amendments protection of the "free exercise" of religion supersedes (is more important than) the public interest in laws that create compulsory (required) school attendance | * the Court ruled that the First Amendments protection of the "free exercise" of religion supersedes (is more important than) the public interest in laws that create compulsory (required) school attendance | ||
click EXPAND for more: | click EXPAND for more: | ||
<div class="mw-collapsible mw-collapsed"> | <div class="mw-collapsible mw-collapsed"> |
Revision as of 03:37, 15 December 2022
** page under construction **
AP Gov list of required Landmark Supreme Court cases[edit | edit source]
- cases as generally recommended for core study for the AP Gov exam
- review of additional cases will yield greater student comprehension and analysis
Case | Date | Court | Issues / Doctrine | Constitutional Issues | Issues / Background / Description / Opinion / Dissent | Related Cases |
---|---|---|---|---|---|---|
Baker v. Carr[edit | edit source] |
1961 | Warren | - "One person one vote" standard
- Political Question doctrine |
Equal protection clause
(14th amendment) Judicial review |
click EXPAND for more:
|
|
Brown v. Board of Education[edit | edit source] |
1954 | Warren | equal protection | Equal protection clause (14th amendment) |
|
|
Citizens United v. Federal Election Commission[edit | edit source] |
2010 | Roberts | campaign finance law | Free speech clause
(1st amendment) |
click EXPAND for more:
|
|
Engel v. Vitale[edit | edit source] |
1962 | Warren | Can public schools conduct prayer?
- prayer in public school - "separation of Church and State" doctrine |
Establishment clause (1st amendment) |
click EXPAND for more:
|
|
Ex parte Milligan[edit | edit source] |
1866 | Can a military court try a citizen? | ||||
Gideon v. Wainwright[edit | edit source] |
1963 | Warren | - public counsel
- incorporation case |
Right to counsel (6th amendment) |
click EXPAND for more:
|
for similar cases regarding criminal protections:
|
Heart of Atlanta Motel v. US[edit | edit source] |
1964 | Warren | Commerce clause
equal protection |
(1964: court ruled that the Commerce Clause gave Congress the power to prohibit racial discrimination in "public accommodations", i.e. businesses open to the public) | ||
Lemon v. Kurtzman[edit | edit source] |
1971 | Burger | Can a state fund teach pay for religious schools?
- government entanglement with religion - "Lemon Test": to assess secular (non-religious) purpose |
Establishment clause
(1st amendment) |
<< to do | |
Marbury v. Madison[edit | edit source] |
1803 | Marshall | Judicial supremacy |
|
click EXPAND for more:
|
|
McColluch v. Maryland[edit | edit source] |
1819 | Marshall | implied powers |
|
click EXPAND for more:
|
|
McDonald v. Chicago[edit | edit source] |
2010 | Roberts | - right to "keep and bear arms
- incorporation case |
|
|
|
New York Times v. United States[edit | edit source] |
1971 | Burger | - prior restraint
- freedom of the press |
|
click EXPAND for more:
|
|
Roe v. Wade[edit | edit source] |
1973 | Burger | right to privacy |
|
click EXPAND for more:
|
|
Schenck v. United States[edit | edit source] |
1919 | Hughes | "clear and present danger" | - right to speech (1st amendment)
- restriction on speech |
click EXPAND for more:
|
|
Shaw v. Reno[edit | edit source] |
1993 | Rehnquist | - redistricting and gerrymandering | equal protection
(14th amendment) |
click EXPAND for more:
|
|
Tinker v. Des Moines Independent Community School District[edit | edit source] |
1969 | Warren | Can public schools regulate student speech?- protests in public schools
- public safety (protecting children) v. rights of minors - "substantial disruption" test |
Free speech clause
(1st amendment) |
click EXPAND for more:
|
|
United States v. Lopez[edit | edit source] |
1995 | Rehnquist | validity of Commerce clause based on substantial effect on interstate commerce | Commerce clause (Article I, section 8) |
click EXPAND for more:
|
|
Wisconsin v. Yoder[edit | edit source] |
1972 | Burger | Can a state force parents who object on religious grounds to send their children to school?
- parental rights - freedom of religion |
Free exercise of religion clause (1st amendment)
- incorporation case (via the 14th Amendment's equal protection clause) |
click EXPAND for more:
|
|
Fourteenth Amendment "Incorporation Cases"[edit | edit source]
- "Incorporation" refers to application of the rights and protections of the Bill of Rights to state law
- in- = into + corp = body + -tion (makes a noun)
- = "put into the body"
- the anti-Federalists (viz. Brutus) argued that the Constitution did not protect the rights of the citizens
- thus the agreement was made that upon adoption of the Constitution it would be amended to include certain protections
- the Bill of Rights (BOR) added these protections by limiting or prohibiting certain actions by the new federal government
- thus the language of the BOR, "Congress shall make no law..." or "...shall not be violated"
- it was understood by all the Founders that, except for where explicitly stated in the Constitution regarding the states, the Constitution and its amendments applied to the federal and not to the state governments
- following the Civil War, the Constitution was amended three times in order to
- abolish slavery (13th Amendment)
- provide to the former slaves citizenship and equal protection under the laws (14th Amendment)
- and also to make arrangements for re-entry of rebellious states back into the Union
- secure the vote of former male slaves (15th Amendment)
- the Fourteenth amendment, then, explicitly applied to the federal and all state governments
- given this national aspect, any case reviewed by the Courts regarding the 13-15th amendments was applicable to the states
- it was through the 14th amendment's "due process" and "equal protection" clauses that, over time, the Courts applied other rights and protections from the BOR to the states, such as
- 1st amendment protections of speech
- 4th amendment protection of the rights of the accused (esp. search and seizure)
- 5th amendment due process protections (especially self-incrimination and due process)
- note that the 14th amendment "due process" clause explicitly repeats the 5th amendment language
- thus Court cases that apply the BOR protections to state laws are called "incorporation cases"
14th Amendment "privileges or immunities," "due process" & "equal protection" clauses[edit | edit source]
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
privileges or immunities[edit | edit source]
- = protects the rights and protections of citizens
- was intended to protect BOR protections (Amendments 1-8) from state law
- however, the 1873 Slaughter-House Cases limited "privileges or immunities" to measures regarding U.S. (national) and not state citizenship
- the case upheld a New Orleans law that took control of the city's slaughterhouse (meat packing) industry
- the Court upheld the power of the city to enforce the public safety at the expense of the "privileges or immunities" of the litigants regarding their right to contract and property
- Courts have subsequently relied on the "Due Process" and "Equal Protection" instead of "Privileges or Immunities" clauses
- Justice Thomas' concurring opinion (with the majority) in McDonald v. Chicago (2010; regarding gun rights) invoked the 14th amendment Privileges or Immunities clause
- Judge Thomas argued that "substantive due process" is an invalid doctrine and that the Privileges or Immunities clause directly applies the Bill of Rights to state law
- thus the Court need not rely on "process" in the Due Process clause and instead apply Amendments 1-8 directly
- Judge Thomas argued that "substantive due process" is an invalid doctrine and that the Privileges or Immunities clause directly applies the Bill of Rights to state law
- Justice Thomas' concurring opinion (with the majority) in McDonald v. Chicago (2010; regarding gun rights) invoked the 14th amendment Privileges or Immunities clause
due process[edit | edit source]
- = the rules, procedures and processes required of the government when enforcing a law upon a citizen
- these rules and processes include other BOR protections and are understood to apply to all government actions
- due process violations occur when
- property is searched without a warrant
- a criminal is held without charges
- a court fails to adequately notify someone of a proceeding
- "due process" is also called "procedural law"
substantive due process[edit | edit source]
- in Lochner era cases, the Courts developed a concept called "substantive due process"
- whereas 5th and 14th Amendment "due process" regards "procedure" and "rules"
- substantive due process:
- regards actual rights, generally those "unenumerated," or not listed in the BOR
- applies to any right or protection that is understood to be an inherent or fundamental right even if not specifically protected in law, such as
- an individual's right to movement
- economic liberties, such as the right to work or rights of contract
- (note that near the end of the Great Depression, the Court accepted more limits on economic liberties)
- substantive due process:
- Warren era cases (1950s-1960s) employed "substantive due process" in creating "privacy" protections such as express in Roe v Wade (1973)
equal protection[edit | edit source]
- = the laws shall be applied or enforced upon all people equally
- i.e. without undue burdens (going hard on) or leniencies (going easy on) different classes of people (race, religion, location, etc.)
- the clause deliberately applied Federal law over state law
- the phrase "equal justice under law" is derived from Fourteenth Amendment language in the Equal Protection clause
- both Brown v Board of Education (1954) ruling explicitly invoked the Equal Protection Clause
- other important cases include:
- Strauder v. West Virginia (1880), which ruled that exclusion of blacks from a jury violated the Equal Protection clause
- Plessy v. Ferguson (1896), which allowed racial discrimination in public facilities so long as they were "separate but equal"
- in other words, even though Plessy legalized de jure segregation, the Court had to make that decision in terms of the 14th Amendment
- Judge Harlan's lone dissent affirmed strict Equal Protection by stating that the Constitution "is color-blind, and neither knows nor tolerates classes among citizens"
- Brown v. Board of Education (1954) applied the Equal Protection clause to eliminate racial segregation in public schools
- for list of cases decided under the Equal Protection Clause, see List of 14th Amendment cases (wikipedia)
List of Court Doctrines & Tests[edit | edit source]
- a "doctrine" is a judicial ruling that services as precedent for other cases
- "legal test" is a standard that a court may develop in a ruling that is used to decide if a case or action fits in or not to a certain legal category or type of case
Court Doctrines[edit | edit source]
- "One person one vote" standard (Baker v. Carr, 1961)
- Political Question doctrine
- Strict scrutiny
- the idea that any limitation on "equal protection of the laws" (14th amendment) must be strictly scrutinized (carefully examined)
- or that a law must carefully examined and measured for its purpose and effects
Legal Tests & Rules[edit | edit source]
- clear and present danger (Schenck v. US , 1919)
- speech that creates a "clear and present danger" may be prohibited by law
- "grave and irreparable danger rule "(NY Times v. US, 1971)
- updated from the "grave and probable danger" rule (Dennis v. US, 1951)
- the government must show "irreparable" (unfixable) danger in order to justify "prior restraint"
- "prior restraint" = stopping an action or behavior before it happens, usually referring to halting the publication of something that might pose a harm to national security
- imminent lawless action standard (Brandenburg v. Ohio, 1969)
- in order to restrict speech, the government must demonstrate that the speech will produce "imminent lawless action," i.e., an illegal act that will be the direct result of the speech
- Miller Test (Miller v. California, 1973)
- modified a previous test for obscenity, "utterly without socially redeeming value"
- to lacking "serious literary, artistic, political, or scientific value"
- modified a previous test for obscenity, "utterly without socially redeeming value"
- substantial disruption test (Tinker v. Des Moines, 1969)
- a standard for school prohibitions of student speech that may be considered lewd, offensive or disruptive
- Undue burden standard
- a law must not create an "undue" (unnecessary) or overly burdensome or that is overly restrictive of fundamental rights
Major "Courts" (Chief Justices)[edit | edit source]
Marshall Court, 1801-1835[edit | edit source]
- under Chief Justice John Marshall
- early Republic period
- established judicial review and federal supremacy
- protected contract and property rights from state encroachment
Taney (Roger)[edit | edit source]
- prior to the Civil War, Taney defended slave states
- most important decision: Dred Scott v. Sandford (1857)
- which invalidated the Compromise of 1850
Chase, Waite & Fuller Courts, 1864-1910[edit | edit source]
- Chief Justices Salmon P. Chase (1864-1873), Morrison Waite (1874-1888) and Melven Weston Fuller (1888-1910)
- the Chase court oversaw Reconstruction Era civil rights laws and cases
- Waite Courts
- Fuller Courts were marked by
- anti- federal regulations
- pro-freedom of contract
- legalized segregation (Plessy v. Furgeson, 1894) and created the "separate but equal" doctrine
Lochner era[edit | edit source]
- named for the case "Lochner v. New York (1905)
- in which the Court invalidated a maximum hours law under the theory that they violated private contract
- the state of New York enacted a law that limited work hours
- a baker, Joseph Lochner, was arrested for violating the law
- the Court ruled that the law violated "due process" protections of individual rights to contract
- i.e., that Lochner and his employees had a right to contract work hours without state interference
- the Lochner era Courts generally invalidated state and federal laws that regulated the workplace (hours, wages, etc.)
- the Lochner case created the idea of "substantive due process" (see "Incorporation cases")
- the Lochner era ended when, following President Franklin Roosevelt's "court packing scheme", the Court adjusted its attitude towards New Deal programs
- West Coast Hotel Co. v. Parrish, (1937) upheld a minimum wage law, and thus allowed for state restrictions on private contract
White, Taft & Hughes & Vinson Courts[edit | edit source]
- Edward Douglass White,
- William Howard Taft
- Charles Evans Hughes
- Vinso
Warren Court[edit | edit source]
- Chief Justice Earl Warren,
Burger Court[edit | edit source]
Rehnquist Court[edit | edit source]
Roberts Court[edit | edit source]
Full list of Landmark Supreme Court cases[edit | edit source]
Landmark Supreme Court cases: alphabetical[edit | edit source]
- Abington School District v. Schempp (1963: religion in schools)
- Baker v. Carr (1962, redistricting; "One person one vote" standard)
- Bakke v. Regents of the University of California (1978: limited affirmative action / racial preferences in college admissions)
- Bob Jones University v. US (1983)
- Boy Scouts of America v. Dale (2000: freedom of association; banned laws forcing inclusion in a private group; homosexuality)
- Bowers v. Hardwick (1986: privacy, homosexuality)
- Brown v. Board of Education (1954, equal protection, overturned Plessy)
- Buckley v. Valeo (1976)
- Bush v. Gore (2000: presidential election)
- Charles River Bridge v. Warren Bridge (1837)
- Cherokee Nation v. Georgia (1831)
- Citizens United v. Federal Election Commission (2010: campaign finance)
- Civil Rights Cases of 1883 (five cases; the Court ruled that the 13th and 14th Amendments did not outlaw racial discrimination by private individuals)
- Clinton v. City of New York (1998)
- Clinton v. Jones (1997)
- Commonwealth v. Hunt (1842)
- Cooper v. Aaron (1958, states cannot nullify federal Court rulings)
- Dartmouth College v. Woodward (1819: no state shall make laws that impair (violate) contract)
- District of Columbia v. Heller (2008: gun rights upheld)
- Dred Scott v. Sandford (1857)
- Engel v. Vitale (1962: religion; banned school prayer)
- Escobeda v. Illinois (1964)
- Ex parte Endo (1944)
- Ex parte Milligan (1866)
- Fletcher v. Peck (1810: 1st ruling to invalidate a state law; regarded contracts & property rights)
- Furman v. Georgia (1972)
- Gibbons v. Ogden (1824: upheld federal interstate commerce / Commerce clause powers)
- Gideon v. Wainwright (1963: right to state-funded attorney)
- Gitlow v. New York (1925)
- Gratz v. Bollinger (2003)
- Griswald v. Connecticut (1965: "right to privacy; birth control)
- Grutter v. Bollinger (2003: upheld university diversity policies)
- Hamdi v. Rumsfield (2004)
- Hazelwood v. Kuhlmeier (1983: speech; upheld limits on student publications)
- Heart of Atlanta v. US (1964: court ruled that the Commerce Clause gave Congress the power to prohibit racial discrimination in "public accommodations", i.e. businesses open to the public)
- Jones v. Alfred H. Mayer Co. (1968: prohibited racial discrimination in land sales or rental based on the 13th Amendment)
- Kelo v. City of New London (2005)
- Korematsu v. United States (1944)
- Lau v. Nichols (1974)
- Lawrence v. Texas (2003: right to privacy; banned anti-sodomy law; homosexuality)
- Lemon v. Kurtzman (1971)
- Lochner v. New York (1905)
- Loving v. Virginia (1967: equal protection; banned miscegenation laws)
- Mapp v. Ohio (1961: probable cause, due process; evidence obtained illegally cannot be used in criminal court)
- Marbury v. Madison (1803: judicial review)
- Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018: free exercise of religion, right to discriminate based on religious belief)
- McCulloch v. Maryland (1819: Supremacy clause, upheld implied powers)
- McDonald v. City of Chicago (2010: gun rights; applied Heller decision to states)
- McGirt v. Oklahoma (2020, tribal reservation rights)
- Miller v. California (1973)
- Miranda v. Arizona (1966: due process; informed rights before questioning)
- Muller v. Oregon (1908)
- Munn v. Illinois (1876)
- Murray v. Curlett (MD) (1963
- National Federation of Independent Business v. Sebelius (2012: updheld Obamacare by deciding that the requirement to purchase health care was a tax and not a governmental edict)
- NRLB v. Jones & Laughlin Steel Corp (1937)
- New Jersey v. T.L.O. (1985: public safety over rights of minors)
- New York Times v. Sullivan (1964: rights of press; "actual malice" requirement in libel)
- New York Times v. U.S. (1971)
- Northern Securities Co. v. U. S. (1904)
- Obergefell v. Hodges (2015: same-sex marriage)
- Planned Parenthood v. Casey (1992)
- Plessy v. Ferguson (1896: legalized segregation under "separate but equal" doctrine)
- Pollock v. The Farmers' Loan and Trust Co. (1895)
- Roe v. Wade (1973: right to privacy; abortion)
- Roper v. Simmons (2005: execution is cruel & unusual punishment for minors)
- Schenck v. US (1919: )
- Schechter v. U. S. (1936)
- Scott v. Sanford (1857)
- Shaw v. Reno (1993)
- Shelby County v. Holder (2013: voting rights)
- Terry v. Ohio (1969: probably clause/ reasonable search justified without warrant in certain circumstances)
- Texas v. Johnson (1989: symbolic speech protection in burning of flag)
- Tinker v. Des Moines (1969: rights of minors; search & seizure)
- U.S. v. American Library Association (2003)
- U. S. v. E. C. Knight Co. (1895)
- U.S. v. Nixon (1974: executive privilege)
- United States v. Windsor (2013: same-sex marriage)
- Van Order v. Perry (2005)
- Wabash, St. Louis, and Pacific Railway Co. v. Illinois (1886)
- West Virginia State Board of Education v. Barnette (1943)
- West Coast Hotel v. Parrish (1937: legalized minimum wage laws)
- Zelma v. Simmons-Harris (2002, religion, school vouchers)
Landmark Supreme Court cases: by date & historical era[edit | edit source]
Landmark Supreme Court cases: by topic[edit | edit source]
- ↑ Marshall invoked (referenced) the ancient Roman legal maxim ubi jus, ibi remedium for "where there is a legal right, there is a legal remedy"
- ↑ Note that Hamilton did not envision Judicial review, instead arguing that the Congress must avoid unconstitutional unto itself.
- ↑ In this case the Court upheld a challenge to a law's constitutionality, in that a tax on carriages did not violate the Constitution. Marbury was not decided on this precedent, however, Chief Justice Roberts cited Hylton in National Federation of Independent Business v. Sebelius (2012)