U.S. Constitution & Supreme Court Cases

Bethel School District v. Fraser (1986)

First Amendment (free speech). A student gave a school assembly speech full of sexual innuendo. The Court ruled schools may punish lewd or vulgar student speech. Memory trick: Fraser = filthy speech.

Texas v. Johnson (1989)

First Amendment (free speech). The Court ruled burning the American flag as political protest is protected expressive conduct. Memory trick: Flag burning can be political speech.

Mapp v. Ohio (1961)

Fourth Amendment, applied to states through the Fourteenth. Illegally obtained evidence generally cannot be used in state criminal trials. This is the exclusionary rule. Memory trick: Mapp = evidence must be properly obtained.

New Jersey v. T.L.O. (1985)

Fourth Amendment. A school searched a student's purse after suspecting a school-rule violation. School officials need reasonable suspicion, not the usual probable-cause standard required for police searches. Memory trick: T.L.O. = Teachers search on reasonable suspicion.

Tinker v. Des Moines (1969)

First Amendment (student speech). Students wore black armbands to protest the Vietnam War. Schools cannot suppress student expression just because they dislike it; they generally need evidence of substantial disruption or interference with others' rights. Memory trick: Tinker = silent protest protected.

West Virginia State Board of Education v. Barnette (1943)

First Amendment (free speech and religion). Public schools cannot force students to salute the flag or recite the Pledge of Allegiance. Memory trick: Barnette = you cannot be forced to pledge.

Marbury v. Madison (1803)

Judicial review. The Supreme Court established its authority to declare laws unconstitutional. Memory trick: Marbury = judges can check laws.

Miranda v. Arizona (1966)

Fifth Amendment (protection against compelled self-incrimination); Sixth Amendment rights are also relevant to the broader context. Before custodial interrogation, police must inform suspects of key rights, including the right to remain silent and the right to an attorney. Memory trick: Miranda = know your rights before questioning.

McCulloch v. Maryland (1819)

Necessary and Proper Clause and Supremacy Clause. Congress could create a national bank, and Maryland could not tax it. Federal law takes priority over conflicting state action. Memory trick: McCulloch = federal power wins over a state tax.

Vernonia School District v. Acton (1995)

Fourth Amendment. The Court upheld random drug testing of student athletes, considering the school's interest in student safety and the reduced privacy expectation in that context. Memory trick: Vernonia = athlete drug testing upheld.

Ingraham v. Wright (1977)

Eighth and Fourteenth Amendments. The Court ruled that the Eighth Amendment's Cruel and Unusual Punishments Clause does not apply to ordinary school corporal punishment; the due-process claim also failed under the circumstances. Memory trick: Ingraham = school paddling case, Eighth Amendment not applied.

Karr v. Schmidt (1972)

Primarily associated with the Fourteenth Amendment and student grooming rules. The Fifth Circuit rejected a student's constitutional challenge to a public school's hair-length rule. Memory trick: Karr = hair-length rules. Note: the case is often cited as Karr v. Schmidt, 460 F.2d 609.

Wisconsin v. Yoder (1972)

First Amendment (Free Exercise Clause). Amish parents could withdraw their children from formal schooling after eighth grade because compulsory attendance conflicted with their religious practices. Memory trick: Yoder = Amish religious freedom.

Lemon v. Kurtzman (1971)

First Amendment (Establishment Clause). The Court struck down certain state funding arrangements involving religious schools and created the Lemon test. The test historically examined secular purpose, primary effect, and excessive government entanglement with religion. Memory trick: Lemon = three-part test. Note: the Supreme Court later moved away from the Lemon test in its Establishment Clause analysis.

Goss v. Lopez (1975)

Fourteenth Amendment (Due Process Clause). Public school students facing suspensions of 10 days or less generally must receive notice of the charges and an opportunity to explain their side. Memory trick: Goss = short suspension, basic due process.

Schenck v. United States (1919)

First Amendment (free speech). The Court upheld punishment for anti-draft advocacy during World War I under the now-outdated clear-and-present-danger approach. The decision is historically important, but modern speech law uses later standards. Memory trick: Schenck = speech and wartime danger.

Hazelwood School District v. Kuhlmeier (1988)

First Amendment (student speech). Schools may exercise editorial control over school-sponsored student publications when their decisions are reasonably related to legitimate educational concerns. Memory trick: Hazelwood = school newspaper, school oversight.

Maryland v. King (2013)

Fourth Amendment. The Court upheld taking and analyzing DNA from people arrested for serious crimes, under the circumstances and procedures at issue. Memory trick: King = DNA collection at booking.

Gideon v. Wainwright (1963)

Sixth Amendment, applied to states through the Fourteenth. States must provide an attorney to defendants charged with serious crimes who cannot afford one. Memory trick: Gideon = if you cannot afford a lawyer, one must be provided in covered criminal cases.

Florida v. Jardines (2013)

Fourth Amendment. Police used a drug-sniffing dog on the front porch of a home without a warrant. The Court ruled this was a search because officers physically intruded on protected property to gather evidence. Memory trick: Jardines = dog on the porch needs a warrant.

Riley v. California (2014)

Fourth Amendment. Police generally need a warrant to search digital information on a cell phone seized during an arrest. Memory trick: Riley = phone data needs a warrant.

Mahanoy Area School District v. B.L. (2021)

First Amendment (student speech). A student was punished for an off-campus Snapchat post criticizing cheerleading and school. The Court ruled for the student, emphasizing schools' limited authority over off-campus speech. Memory trick: Mahanoy = weekend Snapchat.

Kennedy v. Bremerton School District (2022)

First Amendment (Free Exercise and Free Speech Clauses; Establishment Clause context). The Court ruled in favor of a football coach who prayed after games, treating his prayer as protected personal religious expression in the circumstances. Memory trick: Kennedy = coach's personal prayer.

District of Columbia v. Heller (2008)

Second Amendment. The Court recognized an individual's right to possess a firearm for lawful purposes such as self-defense in the home, while noting that the right is not unlimited. Memory trick: Heller = individual right.

McDonald v. Chicago (2010)

Second and Fourteenth Amendments. The Court applied the individual Second Amendment right recognized in Heller to state and local governments. Memory trick: McDonald = the Second Amendment applies to states and cities too.

What is the Bill of Rights?

The first 10 amendments to the U.S. Constitution, ratified in 1791.

First Amendment

Freedom of religion, speech, press, assembly, and petition. Memory trick: RAPPS — Religion, Assembly, Press, Petition, Speech.

Second Amendment

The right to keep and bear arms, subject to constitutional limits.

Third Amendment

Restricts quartering soldiers in private homes without the owner's consent in peacetime.

Fourth Amendment

Protects against unreasonable searches and seizures. Warrants generally require probable cause.

Fifth Amendment

Grand jury protections in applicable cases, double jeopardy protection, protection against compelled self-incrimination, due process, and just compensation for government takings.

Sixth Amendment

Rights of criminal defendants, including a speedy and public trial, an impartial jury, notice of charges, confronting witnesses, compulsory process, and assistance of counsel.

Seventh Amendment

Preserves jury trials in certain federal civil cases.

Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments.

Ninth Amendment

Listing certain rights does not mean people have no other rights.

Tenth Amendment

Powers not delegated to the federal government or prohibited to the states are reserved to the states or the people.

What is the Fourteenth Amendment?

Defines national and state citizenship, requires due process, and guarantees equal protection. It is central to applying many Bill of Rights protections to state and local governments.

What is judicial review?

The power of courts to determine whether government actions or laws violate the Constitution. Established in Marbury v. Madison.

What is federalism?

The division of power between the national government and state governments.

What is separation of powers?

The Constitution divides federal power among three branches: legislative, executive, and judicial.

What are checks and balances?

Each branch has ways to limit the power of the other branches, preventing one branch from becoming too powerful.

What does the Necessary and Proper Clause do?

Allows Congress to pass laws needed to carry out its enumerated powers. Also called the Elastic Clause.

What does the Supremacy Clause do?

Makes the Constitution and valid federal laws and treaties the supreme law of the land when they conflict with state law.

What is the Establishment Clause?

The First Amendment prohibits the government from establishing religion.

What is the Free Exercise Clause?

The First Amendment protects religious belief and religious exercise, subject to constitutional limits.

What is the exclusionary rule?

A rule generally preventing illegally obtained evidence from being used in criminal trials. Mapp v. Ohio applied it to the states.

What is due process?

Government must follow required fair procedures and respect applicable constitutional protections before depriving someone of life, liberty, or property.

What is equal protection?

The Fourteenth Amendment requires states to provide equal protection of the laws.

What is the difference between probable cause and reasonable suspicion?

Probable cause is a higher standard commonly required for warrants and arrests. Reasonable suspicion is a lower standard that can justify certain limited searches or stops.

What is the difference between the House and the Senate?

The House represents districts based on population and has two-year terms. The Senate has two senators per state, with six-year terms.

What are the three branches of government?

Legislative (Congress makes laws), executive (the president administers and enforces laws), and judicial (courts interpret laws and resolve cases).

How many amendments does the Constitution have?

27.

What are the first three articles of the Constitution about?

Article I: Legislative branch. Article II: Executive branch. Article III: Judicial branch.

How can the Constitution be amended?

Generally, an amendment must be proposed by two-thirds of both houses of Congress or by a convention called after applications from two-thirds of state legislatures, then ratified by three-fourths of the states.

What is the difference between civil and criminal cases?

Criminal cases involve prosecution for an alleged crime. Civil cases generally involve disputes over legal rights or responsibilities between parties.