Key Supreme Court Cases
Cases on Federalism
• Marbury v. Madison (1803): judicial review,
strong S.C.
• McCulloch v. Maryland (1819): court has implied
powers, necessary and proper clause, expands
power of fed gov’t
• Ableman v. Booth (1859): state courts can not
contradict fed courts
• US v. Nixon (1974): President is not above the law
Cases on Discrimination, Race
• Dred Scott v. Sandford (1857): Blacks, free or
slave, are not citizens; slavery can not be outlawed
in w territories
• Plessy v. Ferguson (1896): segregated facilities are
okayseparate but equal
• Korematsu v. US (1944): Americans of Japanese
descent can be interned
• Brown v. Board of Education (1954) segregated
schools violate 14th amend. Overturns Plessy
• Regents of UC v. Bakke (1978) race-based set
asides violate Equal Protection Clause. Some race
usage may be employed in admission decisions
Birth Control and Abortion
• Griswold c. Connecticut (1965) married couples
are entitled to contraception. Establishes right to
privacy
• Roe v. Wade (1973) abortion is a constitutional
right, thus prohibitions against it in the 1st tri are
prohibited
• Planned Parenthood v. Casey (1992) Restrictions
on abortion are allowed, though it affirms Roe
• Gonzales v. Carhart (2007) Congress can prohibit
a specific abortion procedure
Search and Seizure
• Mapp v. Ohio (1961) evidence gained by
search/seizure that violates Const, is
inadmissible in court
• Katz v. US (1967) evidence from the
wiretapping of a public phone w/o a warrant
is inadmissible
• Vemonia School District v. Acton (1995)
schools may implement random drug testing
Right to an Attorney
• Gideon v. Wainwright (1963) those charged w/ a
serious offense are entitled to an attorney and state
must pay
• Escobedo v. Illinois (1964) person in police
custody has a right to speak to an atty
• Miranda v. Arizona (1966) Police must advise
people of their right to remain silent, to have an
atty. Interrogation must stops if suspect wishes to
remain silence
• In re Gualt (1967) Juveniles charged w/ a crime
are protected by due process
Freedom of Speech
• Schenck v. US (1919) “Clear and Present Danger”
speech is not protected by the 1st amend
• Near v. Minnesota (1931) Rejects prior restraints
on publishing, censorships is unconstitutional
except in rare situations
• Chaplinsky v. NH (1942) established the ‘fighting
words doctrine: that some words are not protected
by 1st amendment
• Tinker v. Des Moines schools (1969) Wearing
armbands is a legitimate form of protest, even on
school grounds
Other Landmark Cases
• Fletcher v. Peck (1810) 1st time SC struck
down a state law as unconstitutional
• Dartmouth College v. Woodward (1819)
extended contract rights to corporations
• Gibbons v. Ogden (18240 Power to regulate
interstate commerce is granted to Congress