FCLE Supreme Court Cases

Marbury v. Madison (1803)

Established judicial review. Judicial review: the power of the courts to review actions of the legislative and executive branches

McCulloch v. Maryland (1819)

The Necessary and Proper Clause gives Congress the implied power to establish banks. States cannot tax said banks because the federal government is supreme

Dred Scott v. Sanford (1857)

African Americans were not citizens of the United States and could not expect any protection from the federal government or the courts. The decision also declared the Missouri Compromise unconstitutional

Plessy v. Ferguson (1896)

Racial segregation did not violate the 14th Amendment last Equal Protection Clause. This case established the “separate but equal” doctrine

Schenck v. U.S. (1919)

Schenck’s conviction under the Espionage Act for criticizing the draft did not violate his 1st Amendment right to freedom of speech. The was the first time the court articulated the “clear and present danger” test

Korematsu v. United States (1944)

The evacuation order for Americans of Japanese descent was valid. The court found that the order did not show racial prejudice but rather was based on national security concerns

Brown v. Board of Education (1954)

Separate but equal educational facilities for racial minorities are inherently unequal, violating the Equal Protection Clause of the 14th Amendment

Mapp v. Ohio (1961)

All evidence obtained by searches and seizures in violation of the 4th Amendment is inadmissible in a state court. This case incorporated the exclusionary rule

Baker v. Carr (1962)

Legislative apportionment is a justiciable issue. 14th Amendment equal protection issues in the redistricting process are subject to judicial evaluation

Engel v. Vitale (1962)

Prayers in public schools violate the “establishment of religion” clause of the 1st Amendment

Gideon v. Wainwright (1963)

The 6th Amendments right to counsel (attorney) in criminal cases extends to felony defendants in state courts

Miranda v. Arizona (1966)

The 5th Amendment requires that officials advise suspects of their rights during interrogations in police custody

Tinker v. Des Moines (1969)

A prohibition against wearing of armbands in public schools, as a form of symbolic protest, violated student’s freedom of speech protections guaranteed by the 1st Amendment

New York Times v. United States (1971)

The Nixon administrations efforts to prevent the publication of what it termed “classified information” violated the 1st Amendment

Wisconsin v. Yoder (1972)

Individual’s interests in the free exercise of religion under the 1st Amendment outweighed Wisconsin’s religious in compelling school attendance beyond the eighth grade

Roe v. Wade (1973)

A constitutional “right to privacy” protects a pregnant woman’s choice whether to have an abortion

United States v. Nixon (1974)

The president’s right to keep certain information confidential using his “executive privilege” power, does not mean the president is entirely immune from judicial review. By ruling that presidential power is not absolute, this decision shows a commitment to the rule of law

Regents of the University of California v. Bakke (1978)

States cannot use racial quotas in affirmative action programs for college admissions. Other types of affirmative action programs can be used since creating a diverse classroom environment is a compelling state interest under the 14th Amendment

Hazelwood v. Kuhlmeier (1988)

A principal’s decision to delete certain articles in a student newspaper did not violate the students’ rights under the 1st Amendment

Texas v. Johnson (1989)

The desecration of an American flag, by burning or otherwise, is a form of protected speech under the 1st Amendment

Shaw v. Reno (1993)

North Carolina’s creation of a racially gerrymandered district raised constitutional issues under the 14th Amendment’s Equal Protection Clause

U.S. v. Lopez (1995)

The Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in a school zone, was unconstitutional because it exceeded the power of Congress to legislate under the Commerce Clause

Bush v. Gore (2000)

Florida’s scheme for recounting ballots was unconstitutional because it violated the Equal Protection Clause of the 14th Amendment

District of Columbia v. Heller (2008)

Provisions of the DC code that restricted the licensing of handguns and required firearms kept in the home to be nonfunctional violated the 2nd Amendment

McDonald v. Chicago (2010)

The Second Amendment applies to the states because it is incorporated by the 14th Amendment

Citizens United v. FEC (2010)

Under the 1st Amendment, corporate funding of independent political broadcasts in candidate elections cannot be limited