Supreme Court Cases and Tests

Marbury v Madison (1803)

Supreme court claimed the power of judicial review (constitutional validity of a legislative act)

McCulloch v Maryland (1819)

necessary and proper clause of Article I, §8 embraces all means that are appropriate to carry out the legitimate ends of the Constitution

Gibbons v Ogden (1824)

the power to regulate interstate commerce in Article I, § 8, is an exclusive national power (Commerce clause)

Cherokee Nation v Georgia (1831)

decision that ruled against southern states engaged in Indigenous removal activities, but states failed to follow through because there was no way to enforce

Dred Scott v Sanford (1857)

Court provided its support for the institution of slavery

Plessy v Ferguson (1896)

the doctrine of "separate but equal" was advanced by the Court

Gitlow v New York (1925)

Incorporation Theory held that state governments must comply with national laws and Amendments with 14 Amendment

Near v Minnesota (1931)

prior restraint on publication was found to violate the freedom of the press under the 1st Amendment

Powell v Alabama (1932)

the Court held that counsel was required in all state capital (death penalty) proceedings

US v Curtiss-Wright Exp. Corp (1936)

recognized some of the emergency powers of the president in times of crisis

DeJonge v Oregon (1937)

Peaceful assembly cannot be criminalized

US v Miller (1939)

Court ruled that the federal government and the states could limit any weapon types not having a "reasonable relationship to the preservation or efficiency of a well-regulated militia"

Betts v Brady (1942)

required the appointment of counsel in serious felony cases where the defendant, because of "ignorance, feeblemindedness, illiteracy, or the like" is unable to adequately represent themself

Smith v Allwright (1944)

The white primary (primary election where only White people could vote) was ruled unconstitutional

Brown v Board of Education of Topeka (1954)

determined that public school segregation violated the equal protection clause of the 14th Amendment

Engel v Vitale (1962)

the court ruled that school-sponsored prayer was in violation of the Establishment clause

Gideon v Wainwright (1963)

The Court unanimously held that a poor person accused of a crime was entitled to a lawyer at state expense

NYT v Sullivan (1964)

to win a libel case (written defamation), it must be shown that the false statements were made knowingly

Griswold v Connecticut (1965)

The Court ruled that the right to privacy stems from the "penumbras" of the 1,3,4,5,9 Amendments

Miranda v Arizona (1966)

decided that a suspect must be notified of their right to refuse to answer questions when in custody

US v OBrien (1968)

Supreme Court determined the government wasnt suppressing speech but was asserting authority to administer the draft

Brandenburg v Ohio (1969)

Court used the "imminent lawless action" test on a challenge to a state criminal syndicalism law

Tinker v Des Moines (1969)

The Supreme Court defined first amendment rights for students, in which they have them

Lemon v Kurtzman (1971)

direct state aid could not be used to subsidize religious instruction

Agostini v Felton (1971)

Court used Lemon Test to determine that the use of federal funds for disadvantaged students attending religious schools did not violate the establishment clause

New York Times v US (1971)

the Supreme Court ruled that the NYT had the right to publish a secret history of the Vietnam War prepared by the Department of Defense because prior restraint, aka censorship, is unconstitutional

Coates v City of Cincinnati (1971)

Court ruled that vague or overbraod laws were unconstitutional

Reed v Reed (1971)

held that the administrators of estates cannot be named in a way that discriminates between sexes

Roe v Wade (1973)

Court accepted the argument that laws against abortion violate a womans right to privacy, however, it was overturned in 2022 with Dobbs v Jackson Women's Health Organization

Buckley v Valeo (1976)

laws attempted to limit spending by campaigns, but this provision was overturned as a violation of the 1st Amendment

University of California v Bakke (1978)

argued that the affirmative action plan that used a racial quota acted as reverse discrimination against those who do not have minority status, Court agreed

Gannet Company v De Pasquale (1979)

the Court ruled that a judge could issue a gag order to protect a defendants right to a fair trial

Plyler v Doe (1982)

decision that the state of Texas could not demonstrate a compelling state interest in denying education funding to districts that educated illegal immigrants using Strict Scrutiny Standard

New York v Quarles (1984)

Police dont have to give Miranda warnings when they ask you general questions and you're not a suspect (dont have to answer but you have to be truthful bc that's obstruction of justice)

Wallace v Jaffree (1985)

struck down a minute of silent prayer in Alabama

Bethel School District v Fraser (1986)

student speech can be limited in some cases

Bowers v Hardwick (1986)

Court found that there was no constitutional protection for acts of sodomy and that states could outlaw those practices

Edwards v Aguillard (1987)

teaching the Judeo-Christian story of creation in a publicly funded, secular biology course was unconstitutional

Hustler Magazine v Falwell (1988)

public figures cannot avoid defamation ruled by suing for intentional infliction of emotional distress (suck it up and take it)

Texas v Johnson (1989)

flag burning was given protection as symbolic speech, a 2003 ruling did not, however, afford the same protection to the burning of a cross as a symbol of racist terror

Oregon v Smith (1990)

two Indigenous American drug rehab counselors were fired for using peyote in their religious ceremonies

Cruzan v Director of Missouri Department of Health (1990)

led to the creation of living wills and other documents to provide safeguards for the right to die

Lee v Weisman (1992)

Prayer outside the classroom was limited, specifically at a graduation ceremony

United States v Lopez (1995)

Congress had overreached its authority under the commerce clause when it passed the Gun-Free School Zone Act in 1990

Rosenberger v University of Virginia (1995)

the court ruled that the university must fund a Christian newsletter if its funding other campus groups newsletters

Hopwood v Texas (1996)

ruling that any use of race in making admissions decisions violated the 14th Amendment

Printz v United States (1997)

held that states couldn't be compelled to enforce or administer federal regulatory programs under the 10th Amendment

City of Boerne v Flores (1997)

ruled that the Religious Freedom Restoration Act was unconstitutional for granting religious authorities too much power

Faragher v City of Boca Raton (1998)

established that employers were liable for sexual harassment if they did not exercise reasonable care to prevent and promptly correct any sexually harassing behavior

Alden v Maine (1999)

exempts the states from lawsuits brought against them for violating federal employment laws

Sutton v United Airlines Inc (1999)

removed protections for correctable afflictions and

Ashcroft v Free Speech Coalition (2002)

 Pornography involving minors is not protected because it is obscene

Nevada v Hibbs (2003)

the court held the state requirements of the federal Family and Medical Leave Act, pulling away somewhat from its previous interpretation of the 11 Amendment

Lawrence v Texas (2003)

overruled the Bowers case when the Court ruled that consensual sexual activity between adults was a liberty protected by the 14th Amendment

Roper v Simmons (2005)

forbade the death penalty to be used on minors

Garcetti v Ceballos (2006)

supported the punishment of an assistant district attorney for attempting to expose a lie

Morse v Frederick (2007)

defendants speech was not fully protected because the school deemed it inappropriate at a school event

DC v Heller (2008)

the 2nd Amendment protects an individual right to possess a firearm unconnected with service in a militia and to use that arm for traditionally lawful purposes

McDonald v Chicago (2010)

reversed the Seventh Circuit, holding that the 14th Amendment makes the 2nd Amendment right applicable to states

Obergefell v Hodges (2015)

held that laws making same-sex marriage illegal violated both the Due Process Clause and the Equal Protection Clause of the 14th Amendment

Caetano v Massachusetts (2016)

Court reversed the state conviction of a crime victim for the possession of a stun gun (taser) that she had acquired to protect herself from a violent ex-bf

Jones v Mississippi (2021)

the court relieved judges of having to find incorrigibility as a precondition for life without parole

Kennedy v Bremerton School District (2022)

ruled in favor of a high school coach who had a practice of praying on the field at the end of the games

New York State Rifle & Pistol Association, Inc v Bruen (2022)

Court ruled that the "good cause" provision of the NY firearms licensing law was unconstitutional as it unduly burdened the right to bear arms

Lemon Test

Law has a clear secular purpose; It neither promotes nor inhibits religion/ religious practice; It avoids excessive government entanglement with religion

Smith Standard

the law is neutral on religion and of general applicability; and is related to an important governmental objective

Strict Scrutiny Standard

Fundamental constitutional rights; Compelling state interest, least restrictive means possible

Intermediate Analysis

the policy or law advances an important state interest (different than compelling); based on objective differences; has to be reasonable

Rational Basis

the case doesnt involve a protected class (race, religion, national origin, ethnicity) federally; if the law has a rational foundation, and doesn't involve a protected class/activity, then its constitutional