Landmark Court Cases

Dred Scott V Sanford 1857

Outlawed Missouri Compromise. Denial of slavery was a 5th amendment property violation. Blacks were NOT citizens. Took away Congress's power to ban slavery in the territories.

Plessy V Ferguson 1896

Separate but equal doctrine created. Race-based segregation is constitutional

Brown V Board 1954

Segregation in SCHOOLS is a violation of the 14th amendment. Overturned separate-but-equal doctrine created in Plessy V Ferguson.

Mapp V Ohio 1961

Applied the exclusionary rule to the states (evidence seized illegally cannot be used in court). Incorporated the 4th amendment. Hint: When searching for something, it helps to use a map (and a search warrant)!

Engel V Vitale 1962

Mandatory prayer in schools is a violation of the establishment clause of the 1st amendment. Incorporated (part of) the 1st amendment. Hint: Engel sounds like Angel, and this is a religion case.

Gideon V Wainwright 1963

If a defendant cannot afford an attorney the state must provide one. Incorporated the 6th amendment.

Griswold V Connecticut 1965

Identified an implied right to privacy in the U.S. Constitution using the 1st, 3rd, 4th, 5th, and 9th amendment. Hint: This case involved birth control and married couples... relate this somehow to the Griswald family vacation movies?

Miranda V Arizona 1966

The accused must be notified of their rights before being questioned by the police, or the confession will be inadmissible at trial. Hint: Remember creepy Ernesto Miranda?

Tinker V Des Moines 1969

Defined the concept of symbolic speech. Students have a right to symbolic speech as long as it is not disruptive.

Lemon V Kurtzman 1971

Created a 3-part "Lemon Test." Laws which aid religion must 1) have a "secular purpose", 2) neither advance nor inhibit religion, 3) avoid "excessive government entanglement with religion"

Roe V Wade 1973

Used the right to privacy established by Griswold V Connecticut to create national abortion guidelines. 1st trimester: No restrictions allowed; 2nd trimester: abortion may be restricted or prohibited. Hint: this is a case that was so controversial that the petitioner used a fake name, Jane Roe.

Gregg V Georgia 1976

Death penalty is not "cruel and unusual punishment" if it is applied fairly and uniformly (no racial bias).

Regents of California V Bakke 1978

Racial quotas violate the equal protection clause of the 14th amendment, and race can not be the only factor in college admissions.

Texas V Johnson 1984

Flag burning is symbolic speech and is protected by the 1st amendment. Hint: The case involves Texas, but it's not the one you think! ;-)

Reno V ACLU 1996

Federal law designed to prohibit "indecency" on the internet was unconstitutional.

Wesberry V Sanders 1964

Createed the one man, one vote principle. Congressional districts must have approximately the same number of people, so that everyone's vote counts as much as any other.

New York Times V Sullivan 1964

Established the actual malice standard. In cases of libel or slander, public figures must prove that the author had "knowledge of falsity and reckless disregard for the truth." In other words, the reporter intended to use false info to harm the reputation of another.

Miller v California

Created the "Miller Test." A work is obscene and may be regulated/restricted if it (1) appeals to prurient interests in sex, (2) portrays sexual conduct in a patently offensive way, and (3) lacks literary, artistic, political or scientific value. Hint: Case deals with pornography... which, like Miller beer, is vice.

Gitlow V New York 1925

Began the process of selective incorporation by using the 14th amendment to require states to recognize 1st amendment guarantee of freedom of speech. Ironically, Gitlow's speech was so dangerous that New York was allowed to imprison him anyway.

Lawrence V Texas 2003

Overturned Bowers V Hardwick and declared a Texas law banning sodomy to be unconstitutional. A victory for both gay rights and privacy rights. Hint: The other case involving Texas... yep, it's the one you think! ;-)

Oregon V Smith 1990

Drug use in religious ceremonies is NOT protected by the free exercise clause of the 1st amendment because the purpose of the law (banning drugs) is to protect society, not limit religious practices.

Smith V Allwright 1944

Banned White Primaries. (Although the Democratic Party is a private organization, it is performing a government function, and cannot exclude members based on race.) Hint: All-white is NOT all-(w)right!

Marbury V Madison 1803

Established the power of judicial review.

McCulloch V Maryland 1819

Shaped the meaning of 'implied powers' by ruling that Congress was within its constitutional authority to establish a national bank. Also strengthened the supremacy clause, which forbids state actions from violating federal laws, treaties, or the Constitution.

Gibbons V Ogden 1824

The power of the federal govt was expanded by broad interpretation of the commerce clause. In this case, steamship travel was included in Congress's power to regulate interstate commerce.

Reynolds V United States 1878

Upheld the ban on polygamy, because George Reynolds's religious beliefs did not justify breaking the law

Schenk V United States 1919

Created the Clear and Present Danger Test which bans speech that will lead to harm (such as "shouting 'fire!' in a crowded theater."

McDonald V Chicago 2010

Incorporated the 2nd Amendment to the states, and does not allow states to infringe on a person's right to bear arms.

Barron v. Baltimore (1833)

the Constitution's Bill of Rights restricts only the powers of the federal government and not those of the state governments

Ex parte Milligan

the use of military tribunals to try civilians when civil courts are operating is unconstitutional

United States v. Nixon

A case in which the Court held that the President does not have executive privilege in immunity from subpoenas or other civil court actions

Bush v. Gore

The court ruled that the state of Florida's court-ordered manual recount of vote ballots in the 2000 presidential election was unconstitutional under the "Equal Protection Clause" of the 14th Amendment.

District of Columbia v Heller

established the individual right to possess firearms for self-defense in the home

Near v. Minnesota

the Supreme Court held that prior restraint, the banning of speech in advance, is unconstitutional. Except for rare exceptions, such as national security concerns, no state or federal government can prohibit the publication of material before it is published.

West Virginia v. Barnette

Students may not be required to salute the American flag or recite the Pledge of Allegiance at public schools if it is contrary to their religious beliefs

Hazelwood v. Kuhlmeier

The Court reversed the appellate court, and said that public schools do not have to allow student speech if it is inconsistent with the schools' educational mission.

Citizens United v. Federal Election Commission

the First Amendment prohibits limits on corporate funding of independent broadcasts in candidate elections

In re Gault

juvenile criminal defendants are entitled to Due Process protection under the Fourteenth Amendment of the U.S. Constitution

Obergefell v. Hodges

all same-sex couples are guaranteed the right to marry

Cooper v. Aaron

state attempts to nullify federal law are ineffective