Barron v. Baltimore
the 1833 Supreme Court decision holding that the bill of rights restrained only the national government, not the states and cities.
Gitlow v. New York
established selective incorporation of the Bill of rights;
states cannot deny freedom of speech protected through due process clause of Amendment 14
Reynolds v. United States
banned polygamy; distinguished between religious beliefs that are protected by the Free Exercise Clause and religious practices that may be restricted; religious practices cannot make an act legal that would otherwise be illegal
Lemon v. Kurtzman
The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.
Everson v. The Board of Education
(1946) New Jersey statute allowed reimbursements of money to parents who sent their children to school on buses operated by the public transportation system and who attended Catholic schools. Did not violate the Establishment Clause of the First Amendment as made applicable to the states through the Fourteenth Amendment because"separate and so indisputably marked off from the religious function"
Epperson v. Arkansas
1968 Prohibited states from banning the teaching of evolution.
Oregon v. Smith
1990 case that denied a man access to unemployment benefits after being fired for being "on drugs" (peyote). The case maintains that only laws that stifle religion should be struck down, and that the burden is on the religion to proof the necessity of a ceremony.
Gideon v. Wainwright
Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys in criminal proceedings. Warren Court's judicial activism in criminal rights.
Miranda v. Arizona
1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.
Baker v. Carr
"one man, one vote," prohibited racial gerrymandering; ordered state legislative districs to be near equal in population as possible
Dred Scott v. Sanford
Supreme Court case that decided US Congress did not have the power to prohibit slavery in federal territories and slaves, as private property, could not be taken away without due process - basically slaves would remain slaves in non-slave states and slaves could not sue because they were not citizens
Schenck v. United States
A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils. ex "fire" in a crowded theater; limits on speech, esp. in wartime.
New York Times v. Sullivan
1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth
Griswold v. Connecticut
1965, Established right of privacy through 4 and 9 Amendments for married couples and allows them to buy and use contraceptives. Set a precedent for Roe v. Wade.
Roe v. Wade
established national abortion guidelines; trimester guidelines; no state interference in 1st; state may regulate to protect health of mother in 2nd; state may regulate to protect health or unborn child in 3rd. inferred from right of privacy established in griswald v. connecticut
Bowers v. Hardwick
Court ruled that the constitution did not protect the practice of sodomy between homosexuals, and that the states could ban sodomy.
Miller v. California
A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.
Marbury v. Madison
(1803) Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court.
McCulloch v. Maryland
(1819) Established national supremacy; established implied powers; use of elastic clause; state unable to tax fed. Institution; John Marshall; "the power to tax Involves the power to destroy."
Gibbons v. Ogden
(1824) Only Congress can regulate interstate commerce. The term commerce includes buying and selling but also the navigation necessary to bring about such transactions.
Dred Scott v. Sanford
(1857) Slaves are not citizens and therefore have no legal standing. Declared the Missori Compromise unconstitutional.
Plessy v. Ferguson
(1896) legalized state ordered segregation so long as the facilities for blacks and whites were equal
Palko v. Connecticut
(1937) Provided test for determining which parts of Bill of Rights should be federalized — those which are implicitly or explicitly necessary for liberty to exist.
Korematsu v. United States
(1944) Upheld Executive Order 9066 (Japanese Internment)
Brown v. Board, 1
(1954) overruled Plessy v. Ferguson (separate but equal), declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated and school segregation unconstitutional; segregation psychological damaging to blacks; use of 14 Amendment; judicial activism of Warren Court; unanimous decision.
Brown v. Board, 2
(1955) Ordered schools to desegregate "with all due and deliberate speed."
Mapp v. Ohio
(1961) Ruled that the Fourth Amendment's protection against unreasonable searches and seizures must be extended to the states as well as to the federal government. Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism.
Engel v. Vitale
(1962) Prohibited state-sponsored recitation of prayer in public schools by virtue of Amendment One's establishment clause and the14 Amendments due process clause; Warren Court's judicial activism.
Baker v. Carr
(1962) "One man, one vote." Ordered state legislative districts t as near equal as possible in population; Warren Court's political judicial activism.
Abbington v. Schempp
(1963) Prohibited devotional Bible reading in public schools by virtue of establishment clause and due process clause. Warren Court's judicial activism.
Wesberry v. Sanders
(1963) Ordered House districts to be as near equal in population as possible.
Miranda v. Arizona
(1966) Established the Miranda warnings of counsel and silence. Must be given before questioning. Warren Court's judicial activism in criminal rights.
Epperson v. Arkansas
(1968) Prohibited states from banning the teaching of evolution.
U.S. v. Nixon
(1974) Allowed for executive privilege, but not in criminal cases; "Even the President is not above the law;" Watergate.
Buckley v. Valeo
(1976) 1 Amendment protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns.
U.C. Regents v. Bakke
(1978) Held that a state university could not admit less qualified individuals solely because of their race. Alan Bakke and UC Davis Medical School; strict quotas unconstitutional, but states may allow race to be taken into account as ONE factor in admissions decisions. Bakke admitted.
Webster v. Reproductive Health Services
(1987) More leeway for states in regulating abortion, though no overturning of Roe v. Wade.
Planned Parenthood v. Casey
(1992) States can regulate abortion, but not with regulations that impose "undue burden" upon women; did not overturn Roe v. Wade, but gave states more leeway in regulating abortion (e.g., 24-hour waiting period, parental consent for minors)
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.
Clinton v. NY
(1998) Banned presidential use of line item veto
Bush v. Gore
(2000) Use of l4 Amendment equal protection clause to stop the Florida recount in the election of 2000.
Atkins v. Virginia
(2002) Banned use of death penalty for mentally retarded.
Zelman v. Simmons-Harris
(2002) Public money can be used to send disadvantaged children to religious schools in tuition voucher programs.
Board v. Pottawatomie
(2002) School districts can impose random drug tests on students involved in extracurricular activities.
Ashcroft v. ACLU
(2002) Struck down a federal ban on "virtual child pornography
Gonzales v. Oregon
(2006) Upheld the Death with Dignity Act
Citizens United v. Federal Election Committee
(2008) Under the First Amendment, corporate funding of independent political broadcasts in candidate elections cannot be limited.