Landmark Supreme Court Cases

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    Jay, Rutledge, and Ellsworth Courts

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    Marshall Court

  • Marbury v. Madison

    Established judicial review.
  • McCulloch v. Maryland

    States cannot levy taxes on a federal bank; courts upheld supremacy clause.
  • Gibbons v. Ogden

    Courts upheld commerce clause; national government has exclusive power to regulate interstate commerce.
  • Barron v. Baltimore

    Federal court cannot stop enforcement of state law that restricts rights enumerated in the Bill of Rights. (has since been overturned)
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    Taney Court

  • Scott v. Sanford

    Congress cannot ban slavery, and slaves are property.
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    Chase, Waite, and Fuller Courts

  • Plessy v. Ferguson

    Established the precedent of "separate but equal". Has since been overturned.
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    White and Taft Courts

  • Schenck v. United States

    Speech can be punished if there is a clear and present danger.
  • Pierce v. Society of Sisters

    States cannot require students to only attend public schools.
  • Pierce v. Society of Sisters

    States cannot require students to only attend public schools.
  • Pierce v. Society of Sisters

    States cannot require students to attend only public schools.
  • Gitlow v. New York

    Used the due process clause of the Fourteenth Amendment to apply the Bill of Rights to the states.
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    Hughes, Stone, and Vinson Courts

  • Palko v. Connecticut

    States must observe all "fundamental" liberties.
  • Chaplinsky v. New Hampshire

    "Fighting words" are not protected by the First Amendment.
  • Smith v. Allwright

    Abolished white primaries.
  • Korematsu v. United States

    The government's needs outweighs that of a citizen under circumstance of war. Not a precedent, but was never overturned.
  • Everson v. Board of Education

    Applied the establishment clause of the Bill of Rights to states and enforced the wall of separation.
  • Zorach v. Clauson

    States may allow students to be released from public schools to attend religious institutions.
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    Warren Court

  • Brown v. Board of Education

    Separate public schools are inherently unequal; began racial desegregation in public schools.
  • Mapp v. Ohio

    Illegally gathered evidence cannot be used in a court case; a use of the exclusionary rule.
  • Gideon v. Wainwright

    States are required to provide counsel for defendants who can't afford attorneys.
  • Engel v. Vitale

    No prayer in public schools, due to the establishment clause.
  • New York Times v. Sullivan

    To libel a public figure, there must be "actual malice".
  • Griswold v. Connecticut

    Found a "right to privacy" in the Constitution that would ban any state law against selling contraceptives.
  • Miranda v. Arizona

    "Miranda Rights", which must be read to any arrested persons before their statements can be used as court evidence.
  • Grren v. County School Board of New Kent

    Suggested integration should be mandated by the government instead of letting students pick where to go.
  • Tinker v. Des Moines

    Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes; over the First Amendment freedom of speech.
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    Burger Court

  • Swann v. Charlotte-Mecklenburg Board of Education

    Approved redrawing of district lines and busing to force integration.
  • Lemon v. Kurtzman

    Established the Lemon Test, three guidelines for deciding whether the government is improperly involved with religion. Asks if the program has: a strictly secular purpose; primary effect that advances or inhibits religion; or fosters an excessive government entanglement with religion.
  • Miller v. California

    Obscenity defined as appealing to prurient interests of an average person with materials that lack literacy, artistic, political, or scientific value.
  • Roe v. Wade

    State laws against abortion are unconstitutional.
  • United States v. Nixon

    President can get confidential advice, but can be required to reveal material related to a criminal prosecution.
  • Buckley v. Valeo

    A law limiting contributions to political campaigns is constitutional, but limiting a candidate's expenditures of their own money is not.
  • Regents of University of California v. Bakke

    Quotas for admission of minorities are not allowed, but race can be a consideration. Upheld affirmative action.
  • Rostker v. Goldberg

    Men can be drafted into the military, but women cannot.
  • Nixon v. Fitzgerald

    The president cannot be sued in office.
  • United States v. Leon

    Created the good faith exception to the exclusionary rule.
  • Bowers v. Hardwick

    States can ban sodomy. (Overturned by Lawrence v. Texas, 2003)
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    Rehnquist Court

  • Texas v. Johnson

    There may not be a law to ban flag-burning.
  • Planned Parenthood v. Casey

    Reaffirmed Roe but added some limits,
  • Lee v. Weisman

    There can be no clergy lead prayers at (public school) graduation.
  • United States v. Lopez

    Limited Congress' power under the commerce clause.
  • Reno v. ACLU

    A law that bans sending "indecent" material to minors over the internet is unconstitutional because "indecent" is too vague and broad a term.
  • Clinton v. Jones

    The president can be sued for things that happened before he took office.
  • Santa Fe Independent School District v. Doe

    No student-lead prayers before (public school) football games.
  • Boy Scouts of America v. Dale

    It is unconstitutional for the Boy Scouts to exclude people based on their sexual orientation because it is a private organization.
  • Bush v. Gore

    Stopped the recount of the vote in Florida; thought to be a partisan decision.
  • McConnell v. Federal Election Commission

    Upheld the 2002 Bipartisan Campaign Reform Act, which prohibits corporations and labor unions from running ads that mention candidates and their positions for 60 days before a federal general election.
  • Zelman v. Simmons-Harris

    Upheld a state voucher plan, despite concerns over the establishment clause.
  • Lawrence v. Texas

    States cannot ban sodomy. (Overturned Bowers v. Hardwick)
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    Roberts Court

  • Morse v. Fredrick

    Better known as BONG HITS 4 JESUS. Over free speech. Controversial because it includes reference to illegal drugs.
  • Federal Election Commission v. Wisconsin Right to Life Inc.

    Issue ads may not be prohibited before a primary/general election; prohibits campaign finance reform law from banning political advocacy.
  • District of Columbia v. Heller

    Government can't ban private possession of firearms.
  • McDonald v. Chicago

    District of Columbia v. Heller decision applies to states.
  • Citizens United v. Federal Election Commission

    Overturned part of 2002 McCain-Feingold campaign finance reform law that prohibited corporate and union funding of campaign ads.
  • Obergefell v. Hodges

    Legalized same-sex marriage nationally, requiring all states to recognize and issue same-sex marriage licenses.