SUPREME COURT CASES

This list of cases has the basic ones needed for the course but also has others included to help fill in gaps and questions on court action. It is also presented here to help provide a variety of cases as a list to help with any project or paper that may be assigned. Specifically are some cases dealing with court decisions regarding schools and students. Note case names are listed but not italicized for easier reading. Much information in the chart came from the website: OYEZ. (Dates usually reflect dated it was decided)

Case / Year / Issue/Topic
1 / Arizona v U. S. / 2012 / Supremacy Clause: State law conflicted with federal alien registration and enforcement provisions already in place. Created an obstacle in carrying out the objectives of federal immigration laws. UPHELD: ability of state law enforcement to communicate with federal agents during lawful arrests and checks (cannot base checks on race, color, national origin.)
2 / Baker v. Carr / 1962 / Federalism: State electoral district apportionment: Federal courts have jurisdiction to review constitutionality of state electoral district apportionment. Everyone's vote should be roughly equal. See also Wesberry v. Saunders
3 / Barron v. Mayor & City Council of Baltimore / 1833 / Federalism: Bill of Rights (5th A- Eminent Domain): Case holds that Bill of Rights ONLY applies to Federal Law. States are exempt.
4 / Bethel v. Fraser / 1986 / 1st A- Speech: Children in school are NOT allowed the same latitude in offensive forms of expression as adults are.
5 / Bob Jones U. v. US / 1983 / 14th A- Equal Prot. / 1st A-Free Exercise: Despite being a private/religious school free exercise does not protect denial of admission based on race. Government has overriding interest in eradicating racial discrimination in education.
6 / Boys Scouts of America v. Dale / 1992 / 1st A- Expressive Association: Law requiring Boy Scouts ( a private organization) to accept a gay troop leader violates BS right of expressive association since homosexual conduct is inconsistent with the values the BS seek to instill.
7 / Brandenburg v. Ohio / 1969 / 14th A- Equal Prot. / 1st A-Speech: Speech can be prohibited if "directed at inciting or producing imminent lawless action" and is "likely to incite or produce such action"
8 / Brown v. Board of Ed. / 1954 / 14th A- Equal Prot. (segregation & separate but equal unconstitutional): Segregation violates equal protection of laws.
9 / Buckley v. Valeo / 1976 / 1st A- Speech/ Campaign Finance: Restrictions of contributions okay, restrictions of expenditures not constitutional because expenditures are "free speech"
10 / Citizens United v Federal Election Commission / 2010 / First Amendment: Corporate funding on independent political broadcasts in candidate elections cannot be limited. Political speech is “indispensable” to a democracy, including that of a corporation. Also ruled that disclosure rules would be legal. See: Buckley v Valeo & McCutcheon v FEC
11 / Dennis v. US / 1951 / 1st A- Speech / Smith Act of 1940: Advocating the violent overthrow of the US govt. or distribute material that encourages the same IS NOT protected as free speech and the Smith Act is not unconstitutional.
12 / Dred Scott v. Sanford / 1857 / 5th A- Em.domain / Slaves as property: "Free soil" Federal laws cannot free slaves because it deprived master/owner of "property" without just compensation.
13 / Engel v. Vitale / 1962 / 1st A- Establishment Cl. (prayer in public school): Prayer in public school violate the Establishment Clause.
14 / Escobedo v. Illinois / 1964 / 6th A- Right to Counsel (during questioning): Suspects have the right to counsel during questioning by police.
15 / Everson v. Board of Ed. / 1947 / 1st A- Establishment Cl. (wall of separation betw. Church & state): NJ Bus Case- Using public funds to bus students to parochial school not supporting religion, not in violation of Est. Cl. And that the "wall of separation between church & state must be high and impregnable."
16 / Ex parte Milligan / 1866 / Article II- Executive powers (Military tribunals): Military courts only legal when civilian courts not functioning.
17 / Fletcher v. Peck / 1810 / Contract law: Contracts cannot be impaired by state laws and are binding. Early Marshall decision setting precedent for contract law.
18 / Furman v. Georgia / 1972 / 8th A- Capital Punishment: State capital punishment laws overturned because use of death penalty appeared arbitrary.
19 / Gibbons v. Ogden / 1824 / Federal Supremacy / Commerce Clause: Congress has the power to regulate interstate commerce.
20 / Gideon v. Wainwright / 1962 / 14th A- Incorp. / 6th A- Right to Counsel (even if can't afford): Applies 6th A to states and establishes right to consul in all cases even if you can't afford it.
21 / Gitlow v. NY / 1925 / 14th A- Incorp. / 1st A- speech: 1st A- protection of freedom of speech applies to state laws as well as federal.
22 / Gregg v. Georgia / 1976 / 8th A- Capital Punishment: Punishment of death does not invariably violate the Constitution. ("overturns" Furman v. Georgia.)
23 / Griswold v. Connecticut / 1965 / 9th A- Unenumerated rights: Law forbidding attempts to prevent conception illegal.
24 / In re Gault / 1967 / 14th A- Due Process (juveniles): States must provide/recognize juvenile rights to due process in court proceedings.
25 / Katz v. US / 1967 / 4th A- Protection from search/seizure (wiretapping): 4th A- protects people not places.
26 / Kelo v New London, Ct. / 2004 / 5th Amendment - Eminent Domain: City was within its rights to seize private property to sell to private developers in order to create jobs and increase tax revenues. The use qualifies as “public use” as it was following a economic development plan – a broader interpretation of the term “public use”.
27 / Korematsu v. US / 1944 / WWII- Japenese Interment: Pressing public necessity may sometimes justify the existence of restrictions which curtail the civil rights of a single racial group.
28 / Lee v. Weismann / 1992 / 1st A- Establishment Clause (school-clergy): Inclusion of clergy, who offer prayer, at official school ceremonies violates Establishment Cl.
29 / Lemon v. Kurtzman / 1971 / 1st A- Establishment Clause: Establishes 3 part test to determining violation of establishment Cl. Check if government is "excessively entangled with religion" Known as the “Lemon Test”
30 / Mapp v. Ohio / 1962 / 14th A- Incorp. / 4th A- exclusionary rule: Extends "Exclusionary rule" to States.
31 / Marbury v. Madison / 1803 / Judicial Review
32 / Massachusetts v. Sheppard / 1984 / 4th A- Exclusionary Rule (exception): Evidence from search based on warrant issued on improper form could still be used because police acting in "good faith" believing warrant was valid. See: US v. Leon
33 / McCulloch v. Maryland / 1819 / National Supremacy/Implied Powers (Nec. & Proper/Nat. Bank): Congress can create National Bank- Nec. & Prop. Clause- Federal institutions can not be taxed by State "power to tax, power to destroy" Supremacy of Federal Govt. established. Early Marshall Court
34 / McCutcheon v Federal Election Commission / 2014 / 1st Amendment: Aggregate limit of campaign contribution set by FEC did little to address concerns of the Bipartisan Campaign Reform Act meant to prevent corruption through campaign funding. See: Buckley v Valeo & Citizens United v FEC –“ money is speech”
35 / Miller v. California / 1973 / 1st A- Speech (Obscenity): Modified Roth v. US to establish a 3-part test for deterring what "obscenity" is.
36 / Miranda v. Arizona / 1966 / Criminal proceedings- Rights read: Suspect must be warned prior to questioning of constitutional right to remain silent and have an attorney, and any info. Gained prior to reading of rights is inadmissible.
37 / National Federation of Independent Businesses v Sebelius
(Affordable Care Act Cases) / 2012 / Commerce Clause/Federal Taxing Power: Individual mandate penalty is a permissible tax under federal power as it is not so high to be coercive.
The Affordable Care Act is NOT a valid use of the Commerce Clause as it compels individuals to participate in interstate commerce a new realm of Congressional authority.
38 / New Jersey v. TLO / 1985 / 4th A- Search & Seizure (school): Substitutes "reasonable suspicion" instead of "probable cause" to search. Schools have legitimate need to maintain an environment in which learning can take place, which requires some easing of restrictions placed on searches.
39 / NY Times v. Sullivan / 1904 / 1st A- Press (libel is w/ malice): Material must be written with malice and reckless disregard for truth to be considered libel and beyond 1st A protection.
40 / NY Times v. US / 1971 / 1st A- Press (Pentagon Papers): Limits "prior restraints" put on press, government must prove actual harm to nation's security. Ruled in favor of NY Times running the Pentagon Papers regarding LBJ Vietnam policy.
41 / Phillips v.Martin Morietta Corp. / 1971 / 14th A- Equal Prot. (Mothers/women): Women cannot be discriminated against because they have children.
42 / Planned Parenthood of SE PA. v. Casey / 1992 / 9th A- Right to Privacy (abortion): Narrowing of Roe v. Wade, allows states to place reasonable limits on women's right to have abortion as long as restrictions don't impose an "undue burden" on women. [unmarried-under 18-must have parent consent]
43 / Plessy v. Ferguson / 1896 / 14th A- Equal Prot. (segregation & separate but equal constitutional): Separate facilities, if equal, does not violate equal protection. Overturned by Brown v. Board.
44 / Powell v. Alabama / 1932 / 14th A- Incorporation/ 6th A- Right to Counsel (Scottsboro boys): Counsel must be provided in capital punishment cases in states as well as federal courts.
45 / Printz v. US / 1987 / Federalism- Nec. & Proper/Commerce Cl.: Congress can not compel state law enforcement officers to perform background checks on applicants for hand gun purchase, claiming regulation of commerce.
46 / Regents of UC v. Bakke / 1978 / 14th A- Equal Prot. (affirmative action): Achieving a diverse student body is a sufficiently compelling reason to justify consideration of race in admission decisions, however it cannot be the deciding factor and future cases are subject to case-by-case examination.
47 / Reynolds v. US / 1978 / 1st A- Free Exercise: Federal law outlawing the practice of bigamy does not violate constitution since law doesn't outlaw belief, and is for the good of the community.
48 / Roe v. Wade / 1973 / 9th A- Right to Privacy (abortion): Establishes women's right to have an abortion during the 1st trimester as an extension of the right to privacy as recognized in Griswold case.
49 / Roth v. US / 1957 / 1st A- Speech (Obscenity): First definition of "obscenity" -something that, when considered as a whole, offends the average person applying the "prevailing community standards". Communities may determine obscenity within some reason.
50 / Schenck v. US / 1919 / 1st A- Speech (war): Establishes that free speech protection IS NOT absolute. Limits free speech in time of war if it presents a "clear and present danger"
51 / Shelby County v Holder
(Alabama) / 2013 / Tenth Amendment/Voting Rights Act, 1965 (Sec 5): The law imposed burdens that were no longer responsive to the current conditions in the voting districts in question. The constraints made sense when passed but now represent unconstitutional violation of state power to regulate elections.
52 / Smith v. Collin / 1978 / 1st A- Assembly (Skokie, IL v. National Socialist): Nazi's right to march in Skokie Il, (community with large numbers of Jewish population) upheld.
53 / Texas v. Johnson / 1989 / 1st A- Speech (Symbolic/Expressive- flag burning): Flag burning is constitutionally protected as "expressive speech" See also US v. Eichman.
54 / Thompson v. Oklahoma / 1988 / 8th A- Capital Punishment: Capital punishment is cruel and unusual punishment for defendants who were under the age of 16 at time of offense.
55 / Tinker v. Des Moines / 1969 / 1st A- Speech (School / symbolic): Students do not shed the constitutional rights at the school house gate, and armbands in protest of war protected as "symbolic speech". Burden is on school to demonstrate substantial disruption before limiting student free speech.
56 / US v. Eichman / 1990 / 1st A- Speech (Symbolic- flag burning): In response to Texas v. Johnson, Congress passes Flag Protection Act which is overturned in this case.
57 / US v. Leon / 1984 / 4th A- Exclusionary Rule (exception): Establishes "good faith" exception to exclusionary rule. Evidence obtained by officers acting in good faith, believing their warrant to be valid, shall not be invalid. See also Massachusetts v. Sheppard
58 / US v. Lopez / 1995 / Federalism- Commerce Clause: Overturns a Federal law limiting the carrying of guns near schools exceeds "commerce" power of Congress. Recognizes this as a reserved power for states.
59 / US v. Morrison / 2000 / Federalism- Commerce Clause: Federal law (Violence Against Women Act of 1984) allowing victims of gender motivated violence to sue in federal court unconstitutional because attacks against women do not substantially affect interstate commerce.
60 / US v. Nixon / 1974 / Executive Privilege: Executive privilege is not absolute and subordinate to fundamental demands of Due Process of law in fair administration of criminal justice.
61 / US v. O'Brien / 1968 / 1st A- Speech (Symbolic): Burning draft cards is not protected symbolic speech because the government has the constitutional right to institute a draft and intent is not to squelch dissent.