Key Cases To Know

Marbury v Madison (1803)

Established judicial review; involved "midnight judges" and John Marshall; emphasized the power of the Supreme Court.

McCulloch v Maryland (1819)

Established national supremacy and implied powers; highlighted the use of the elastic clause; prevented states from taxing federal institutions; John Marshall, "the power to tax involves the power to destroy."

Gibbons v Ogden (1824)

Showed the broad interpretation of the Commerce Clause (all commercial activity) striking down a New York steamboat monopoly.

Plessy v Ferguson (1896)

Established the separate but equal doctrine.

Schenck v US (1919)

Introduced the clear and present danger test by Oliver Wendell Holmes; set limits on speech, especially during wartime.

Gitlow v NY (1925)

Federalized the Bill of Rights (applying them to States), ensured States cannot deny freedom of speech through the due process clause of 14th Amendment

Palko v Conneticut (1937)

Provided a test for determining which parts of the Bill of Rights should be federalized based on their necessity for liberty.

Brown v Board of Education 1st (1954)

Declared school segregation unconstitutional, overturning separate but equal, showcased the judicial activism of the Warren Court

Brown v Board 2nd (1955)

Ordered schools to desegregate promptly.

Mapp v Ohio (1961)

Established the exclusionary rule, prohibiting the use of illegally obtained evidence in court; part of the Warren Court's judicial activism.

Engel v Vitale (1962)

Prohibited state sponsored prayer in public schools based on the 1st and 14th Amendments, part of the Warren Courts judicial activism

Baker v Carr (1962)

Introduced "One man, one vote" principle, requiring equal state legislative districts in population.

Abington v Schempp (1963)

Prohibited devotional Bible reading in public schools based on the establishment and due process clauses; part of the Warren Court's judicial activism.

Gideon v Wainwright (1963)

Ordered states to provide lawyers for those unable to afford them in criminal proceedings; part of the Warren Court's judicial activism in criminal rights.

Wesberry v Sanders (1963)

Required Congressional districts to be as equal in population as possible, extending the principle from Baker v. Carr.

Escobedo v Illinois (1964)

Established the right of the accused to have counsel present during police questioning, invoking the 6th amendment

Griswold v conneticut (1965)

Established the right to privacy implied in the 4th and 9th Amendments, setting precedent for Roe v Wade

Miranda v Arizona (1966)

Established the Miranda warnings of counsel and silence before questioning.

Epperson v Arkansas (1968)

Prohibited states from banning the teaching of evolution

Tinker v. Des Moines  (1969)

Guaranteed a student’s right to protest (wearing armbands)

Lemon v Kurtzman (1971)

Established 3 part lemon test to determine if establishment clause is violated: non secular purpose, advances/inhibits religion, excessive gov involvement

Furman v Georgia (1972)

State death penalties (as then applied) are arbitrary and violate equal protection of the 14th Amendment.

Roe v Wade (1973)

Established national abortion guidelines; Inferred from the right of privacy established in Griswold v. Connecticut.

Miller v. California (1973)

Creates Miller test for obscenity; community standards, illegal sexual conduct in patently offensive way, lacks artistic value

U.S. v. Nixon (1974)

Allowed for executive privilege, but not in criminal cases; “Even the President is not above the law;” Watergate scandal.

Gregg v Georgia (1976)

Upheld new Georgia death penalty laws requiring dual-phase trial and special circumstances; capital punishment does not constitute cruel & unusual punishment of 8^th Amendment. 

Buckley v Valeo (1976)

1^st Amendment protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns.

Bakke v UC Regents (1978)

strict quotas unconstitutional, but states may allow race to be taken into account as one factor in admissions decisions

Webster v Reproductive Health Services (1987)

More leeway for states in regulation of abortion, though no overturning of Roe v Wade, prohibits abortion in public hospitals

Texas v. Johnson (1989)

Flag-burning is symbolic speech with a political purpose and is protected by the 1st Amendment.

Shaw v Reno (1993)

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

U.S. v. Lopez (1995)

Gun Free School Zones Act exceeded Congress’ authority to regulate interstate commerce.

Bush v. Gore (2000)

Use of 14th Amendment’s equal protection clause to stop the Florida recount in the election of 2000.

McDonald v Chicago (2010)

 that the right of an individual to "keep and bear arms," as protected under the 2nd  Amendment, is incorporated by the Due Process Clause of the 14th.