Key Supreme Court Cases: Judicial Review, Civil Rights, and First Amendment

MARBURY V. MADISON (1803)

SCOTUS struck down part of the Judiciary Act of 1789, establishing for the first time the principle of judicial review, empowering the Supreme Court to declare an act of the legislative or executive branch unconstitutional.

MCCULLOCH V. MARYLAND (1819)

In deciding this case about a national bank and state taxes, the court established the concept of implied powers based on the Necessary and Proper Clause (Article I, Section 8) and established supremacy of the U.S. Constitution and federal laws over state laws.

SCHENCK V. UNITED STATES (1919)

Speech creating a 'clear and present danger' (advocating burning draft cards) was not protected by the First Amendment and could be limited.

BROWN V. BOARD OF EDUCATION (1954)

Race-based school segregation violates the Equal Protection Clause of the Fourteenth Amendment.

BAKER V. CARR (1962)

Redistricting was not a 'political question' to be avoided, opened the door for federal courts to hear other cases that challenge redistricting plans that may violate the Equal Protection Clause of the Fourteenth Amendment (Malapportionment - Unequal population districts).

ENGEL V. VITALE (1962)

School sponsorship of religious activities (NY state law requiring a prayer to be read at the beginning of the day) violates the Establishment Clause of the First Amendment.

GIDEON V. WAINWRIGHT (1963)

In this case, the Sixth Amendment's right to an attorney extends procedural 14th amendment due process protections to felony defendants in state courts (Selective Incorporation).

TINKER V. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT (1969)

A prohibition against public school students wearing black armbands in school to protest the Vietnam War violated the students' freedom of speech protections in the First Amendment (symbolic speech).

NEW YORK TIMES CO. V. UNITED STATES (1971)

Nixon tried to prevent NYT from printing part of Pentagon Papers that were embarrassing to gov't - SCOTUS strengthened the freedom of the press protections of the First Amendment, establishing a 'heavy presumption against prior restraint' even in cases involving national security.

WISCONSIN V. YODER (1972)

Compelling Amish students to attend school past the eighth grade violates the Free Exercise Clause of the First Amendment.

ROE V. WADE (1973)

The application of substantive due process (14th amendment) extended the privacy right (from Griswold) to abortion in the first trimester.

DOBBS V. JACKSON WOMEN'S HEALTH ORGANIZATION (2022)

Overturned Roe v. Wade, holding that the Constitution does not confer a right to abortion through the 14th amendment due process clause, returning decisions about the regulation of abortion to legislatures.

SHAW V. RENO (1993)

Under the Fourteenth Amendment's Equal Protection Clause, majority-minority districts, created under the Voting Rights Act of 1965, may be constitutionally challenged by voters if race is the predominant factor used in creating the district.

UNITED STATES V. LOPEZ (1995)

Congress exceeded its power under the Commerce Clause when it made possession of a gun in a school zone a federal crime.

MCDONALD V. CHICAGO (2010)

The Second Amendment right to keep and bear arms for self-defense is applicable to the states (selectively incorporates DC v. Heller decision).

CITIZENS UNITED V. FEDERAL ELECTION COMMISSION (2010)

Political spending by corporations, associations, and labor unions is a form of protected speech under the First Amendment - Super-PACs/independent expenditure groups can collect and spend unlimited amounts in support of candidates, as long as they do not donate directly to or coordinate with candidates.

MARBURY V. MADISON

1803)

MCCULLOCH V. MARYLAND

(1819)

SCHENCK V. UNITED STATES

(1919)

BROWN V. BOARD OF EDUCATION

(1954)

BAKER V. CARR

(1962)

ENGEL V. VITALE

(1962)

GIDEON V. WAINWRIGHT

(1963)

TINKER V. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT

(1969)

NEW YORK TIMES CO. V. UNITED STATES

(1971)

WISCONSIN V. YODER

(1972)

ROE V. WADE

(1973)

DOBBS V. JACKSON WOMEN'S HEALTH ORGANIZATION

(2022)

SHAW V. RENO

(1993)

UNITED STATES V. LOPEZ

(1995)

MCDONALD V. CHICAGO

(2010)

CITIZENS UNITED V. FEDERAL ELECTION COMMISSION

(2010)

Mapp v ohio (1961)

Established the Exclusionary Rule (the "fruit of the poisonous tree" doctrine) for all states. 14th Amendment (Due Process Clause used for "incorporation")

Miranda v madison

5th Amendment (Protection against self-incrimination).Created the "Miranda Rights" (e.g., "You have the right to remain silent"). If police don't read these, the confession usually can't be used in court.

Near v. Minnesota (1931)

1st Amendment (Freedom of the Press). 14th Amendment (Due Process Clause used to apply free press rights to the states).stablished the doctrine against Prior Restraint (government action that prohibits speech or other expression before it can take place)

Griswold v. Connecticut (1965)

Established the Right to Privacy in marital relations. This case set the legal precedent used later in Roe v. Wade and Obergefell v. Hodges. 14th Amendment (Due Process Clause).

Gregg v. Georgia (1976)

Whether the death penalty is "cruel and unusual punishment. 8th Amendment (Protection against Cruel and Unusual Punishment). 14th Amendment (Due Process). The death penalty is constitutional as long as the trial and sentencing are conducted under a fair, standardized process.