APGOV
Rosen
Landmark Supreme Court Cases: Civil Liberties
For the following cases, you will be responsible for preparing a case study (Questions and
example on the back of this sheet).
Religion
1. Epperson v. Arkansas
2. Edwards v. Aguillard
3. Engel v. Vitale
4. Lee v. Weisman
5. Zelman v. Simmons
6. Abington SD v. Schempp
7. Van Orden v. Perry
8. McCreary County (KY) v. ACLU
Speech and Press
9. Schenck v. U.S.
10. Texas v. Johnson
11. Miller v. California
12. Bradenburg v. Ohio
13. Tinker v. Des Moines
14. DeJonge v. Oregon
15. NY Times v. Sullivan
16. Hazelwood v. Kuhlmeier
Privacy
17. Katz v. U.S
18. Casey v. Planned Parenthood
19. Griswold v. Connecticut
20. Cruzan v. Missouri Dept. of Health
21. Gonzalez v. Carhart
22. Gonzalez v. Oregon
23. Georgia v. Randolph
24. Hudson v. Michigan
Criminal Procedure
25. Gideon v. Wainwright
26. Miranda v. Arizona
27. Escobedo v. Illinois
28. Atkins v. Virginia
29. Baze v. Rees
30. Mapp v. Ohio
31. Gregg v. Georgia
32. U.S. v. Leon
Civil Rights
33. McDonald v. Chicago
34. Korematsu v. U.S.
35. Dred Scott v. Sanford
36. Heart of Atlanta Motel v. U.S.
37. Swann v. Charlotte-Mecklenburg
38. Bakke v. California
39. Reed v. Reed
40. UAW v. Johnson Controls
41. Lawrence v. Texas
42. Gratz v. Bollinger/Grutter v. Bollinger
43. Romar v. Evans
44. Roskter v. Goldberg
Case Study Questions:
For each case, answer the following questions. Be sure to be specific, using the info provided in the case studies
and explain your answers in full.
1. What are the facts (background) of the case?
2. What are the constitutional issues being examined by the Supreme Court? What amendments/rights
are being examined?
3. What was the majority opinion of the court? Were there any significant concurring, or dissenting
opinions? Explain the reasoning in each.
4. Identify the Implications (lasting impact) of the case on the rights of citizens and government
authority.
Example:
1. McCulloch v. Maryland (1819)
A. McCulloch was branch manager of 2nd bank of the U.S. in Baltimore. The Maryland legislature, which was
opposed to the National Bank and hoped to nullify it, placed a tax on the branch and McCulloch refused to
pay. Maryland state courts ruled against McCulloch for breaking state law by not paying the tax; McCulloch
appealed the case to the USSC.
B. The case deals with implied powers (Elastic Clause); reserved powers (10th Amendment); and the
supremacy clause. The USSC examined whether the congress has the power to charter a corporation
(national bank)? Additionally, it examined whether a state can tax a federal institution?
C. The Court ruled in favor of McCulloch reasoning that the Constitution is a creation of the people of the
states, not the states themselves; therefore, states are obligated to respect the supremacy of the Constitution.
Power to charter a bank is an implied power of congress; necessary and proper to carry out the enumerated
powers. Maryland’s tax violates the supremacy clause; the power to tax is the power to destroy, and a state
cannot hinder the legitimate operations of federal power.
D. The case expanded federal power, affirming the doctrine of implied powers stemming from the elastic
clause. The case laid the legal framework for future legislation that expanded the role of the federal
government such as the New Deal, Great Society, and “Obamacare.”
Students should use case syllabi from the legal information institute (http://www.law.cornell.edu/supct/) and/or
UMKC “Exploring Constitutional Law” page (http://law2.umkc.edu/faculty/projects/ftrials/conlaw/home.html)
to assemble their case study. Be sure to properly cite all quotes and paraphrasing; however, students will be
assessed primarily on their own analysis of the case, as well as thoroughness, and thoughtfulness, of their work.
A thorough and thoughtful answer includes a detailed explanation including: description of relevant
articles/sections/ amendments of the constitution; detailed explanation of the court’s ruling, including relevant
precedents and their implications on the case, critical analysis of the implications of the case in terms of their
impact on the existing laws of the time as well as current law.