Landmark Supreme Court cases
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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 | Big Ideas/ Court Doctrine | Constitutional Issues | Issues / Background / Description / Opinion / Dissent | Related Cases |
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Baker v. Carr[edit | edit source] |
1961 | Warren | - "One person one vote" standard
- Political Question doctrine |
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Brown v. Board of Education[edit | edit source] |
1954 | Warren | equal protection | Equal protection clause (14th amendment) |
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Citizens United v. Federal Election Commission[edit | edit source] |
2010 | Roberts | campaign finance law | Free speech clause (1st amendment) |
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Engel v. Vitale[edit | edit source] |
1962 | Warren | - prayer in public school
- "separation of Church and State" doctrine |
Establishment clause (1st amendment) |
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Gideon v. Wainwright[edit | edit source] |
1963 | Warren | - public counsel
- incorporation case |
Right to counsel (6th amendment) |
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for similar cases regarding criminal protections:
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Marbury v. Madison[edit | edit source] |
1803 | Marshall | Judicial supremacy |
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McColluch v. Maryland[edit | edit source] |
1819 | Marshall | implied powers |
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McDonald v. Chicago[edit | edit source] |
2010 | Roberts | - right to "keep and bear arms
- incorporation case |
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New York Times v. United States[edit | edit source] |
1971 | Burger | - prior restraint
- freedom of the press |
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Roe v. Wade[edit | edit source] |
1973 | Burger | right to privacy |
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Schenck v. United States[edit | edit source] |
1919 | Hughes | "clear and present danger" | - right to speech (1st amendment)
- restriction on speech |
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Shaw v. Reno[edit | edit source] |
1993 | Rehnquist | - redistricting and gerrymandering | equal protection (14th amendment) |
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Tinker v. Des Moines Independent Community School District[edit | edit source] |
1969 | Warren | - protests in public schools
- public safety (protecting children) v. rights of minors - "substantial disruption" test |
- 1st amendment |
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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) |
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Wisconsin v. Yoder[edit | edit source] |
1972 | Burger | - parental rights
- freedom of religion |
Free exercise of religion clause (1st amendment)
- incorporation case (via the 14th Amendment's equal protection clause) |
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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 "s eparate 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 (Edward Douglass)[edit | edit source]
Taft (William Howard)[edit | edit source]
Hughes (Charles Evans)[edit | edit source]
Vinson[edit | edit source]
Warren (Earl)[edit | edit source]
Burger[edit | edit source]
Rehnquist[edit | edit source]
Roberts[edit | edit source]
List of 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
- one 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.)
14th Amendment "equal protection" clause[edit | edit source]
14th Amendment incorporation cases[edit | edit source]
- the 14th amendment explicitly applied itself to the states
- thus its "due process" and "equal protection" clauses also apply to the states
- "incorporation" ("putting into the body") means applying the Bill of Rights and other constitutional protections to state law via the 14th amendment
Selective Incorporation[edit | edit source]
- Duncan v. Louisiana (1968) created the
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
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, racial preferences)
- Bakke v. Regents of the University of California (1978)
- 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
- 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)
- 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)