Consolidated Constitutional Law Case Notes

Marbury v. Madison (1803)

Established judicial review; courts can strike down unconstitutional laws. Key concepts: Judicial review as a check on the legislative branch; strengthened Supreme Court's role in constitutional interpretation.

McCulloch v. Maryland (1819)

Upheld federal power to create a national bank; states cannot tax federal instruments. Key concepts: Implied powers of Congress via the Necessary and Proper Clause; supremacy of federal law over state action (Supremacy Clause).

Gibbons v. Ogden (1824)

Strengthened federal power over interstate commerce. Key concepts: Commerce Clause grants Congress broad authority to regulate interstate commerce; broad interpretation to include navigation.

Dred Scott v. Sandford (1857)

African Americans were not U.S. citizens; Congress could not prohibit slavery in U.S. territories. Key concepts: Citizenship and status of African Americans; slavery and territorial governance.

Plessy v. Ferguson (1896)

Upheld racial segregation under the “separate but equal” doctrine. Key concepts: State power to regulate social separation in public facilities.

Lochner v. New York (1905)

Struck down a state law limiting working hours, citing freedom of contract. Key concepts: Due process clause used to protect economic liberties (freedom of contract); initiated the Lochner era.

Schenck v. United States (1919)

Established the “clear and present danger” test for limiting free speech. Key concepts: Speech limitations during wartime and public order concerns.

United States v. Carolene Products Co. (1938)

Strengthened government’s ability to regulate economic matters; introduced considerations for heightened scrutiny (Footnote Four). Key concepts: Economic regulation preservation and heightened scrutiny for discrete minorities and fundamental rights.

Brown v. Board of Education (1954)

Overturned Plessy v. Ferguson; segregation in schools unconstitutional. Key concepts: Equal protection applied to education; rejection of Separate but Equal in public schools.

Gideon v. Wainwright (1963)

Guaranteed the right to an attorney for criminal defendants. Key concepts: Right to counsel under the 6th Amendment applied to states via 14th Amendment.

Miranda v. Arizona (1966)

Established the “Miranda rights,” requiring police to inform suspects of their rights. Key concepts: Right to remain silent; right to an attorney during interrogations.

Tinker v. Des Moines (1969)

Protected student free speech rights in schools. Key concepts: First Amendment rights extend to students; speech rights persist in school settings unless disruptive.

Roe v. Wade (1973)

Legalized abortion nationwide by recognizing a right to privacy. Key concepts: Privacy rights and the state’s interest in protecting potential life across trimesters.

Texas v. Johnson (1989)

Flag burning is protected free speech. Key concepts: Symbolic speech protected under the First Amendment.

Engel v. Vitale (1962)

Banned official school prayer in public schools. Key concepts: Establishment Clause and government endorsement of religion.

Bush v. Gore (2000)

Resolved the disputed 2000 presidential election in favor of George W. Bush. Key concepts: Equal Protection considerations in state-level election procedures.

Obergefell v. Hodges (2015)

Legalized same-sex marriage nationwide. Key concepts: Equal protection and due process in the marriage context; expanded civil rights and nationwide recognition of marriage equality.

Bush v. Gore (2000)

Resolved the disputed 2000 presidential election in favor of George W. Bush. Key concepts: Equal Protection considerations in state-level election procedures.