1st
– Freedoms of speech, press, religion, assembly, and right to
petition the government.
2nd
– Right to bear arms.
4th
– Freedom from unreasonable searches and seizures.
5th
– Due process rights (right to fair justice, and freedoms from
self incrimination). Also, one cannot be tried twice for the
same crime. This is a freedom from “double-jeopardy.”
6th
– Right to a fair trial and attorney.
10th
– Division of powers between the states and federal government
(called federalism).
**McCulloch v. Maryland,
1819 - Maryland could not tax the Bank of the United States
because of federal supremacy, and the right of the national
government to charter a bank.
Gibbons v. Ogden,
1824 – The federal government is superior to the states and
controls interstate commerce.
**US
v. Lopez,
1995
– Possession of a gun in a school zone does not violate the Commerce
Clause.
Civil Rights
Dred Scott v. Sandford,
1857 - Chief Justice Roger B. Taney said that slaves were
property, and owners could not be deprived of them.
Plessy v. Ferguson,
1896 - Justified Jim Crow laws. “Separate but equal” was
constitutional.
First Amendment (School Cases Listed in Own Category)
Reynolds v. United States,
1879 - The Court ruled that religion could not be used as a
defense against polygamy, as the free exercise clause is not
absolute.
**Schenck v. US,
1919 - Said that free speech was not absolute. One can’t utter
something that creates a “clear and present danger,” as
someone can’t shout “FIRE!” in a crowded theater.
Dennis v. US,
1951 - Upheld the Smith Act during the Cold War making it
illegal to speak about overthrowing the government. Due
process was limited because of a fear of communism. This was
similar to “clear and present danger” of the Schenck case.
New York Times Co. v. Sullivan,
1964
- Protected freedom of the press. Libel, or printing false
statements against public officials, was only punishable if there
was knowledge of the mistakes written, and intent to harm. Without
such malice, damages could not be awarded.
Roe v. Wade,
1973 - Legalized abortion, but not in all cases. A woman’s
privacy was protected.
However, in the 2022 case of
Dobbs
v.
Jackson Women’s Health Organization,
a 6-3 court held that the states, and not the federal government,
had the power to dictate abortion law. This decision led to
different state laws being created which either protected or limited
the right to an abortion.
Obergefellv.
Hodges,
2015 - The Fourteenth
Amendment prevents states from refusing to license and recognize
same-sex marriages.
Other Constitutional Issues
**Baker v. Carr,
1962 – The Supreme Court ruled that the federal courts could
hear cases and force states to redraw where the districts are.
Wesberry v. Sanders, 1964 -
Districts had to be of similar populations, adhering to the
principle of “one person, one vote.”
**Shaw
v. Reno,
1993 - Districts can’t
be shaped to benefit a particular race.
Buckley v. Valeo,
1976 – Campaign contributions are a form of free speech
protected by the First Amendment.
Gregg v. Georgia,
1976 - Chief Justice
Warren Burger’s Court decided that the death penalty does not
automatically violate the Eighth (freedom from cruel and unusual
punishment) and Fourteenth Amendments.
**McDonald v.
Chicago,
2010
- The Second Amendment’s right to bear arms applies to the states.
Griswold v. Connecticut,
1965 - A Connecticut law making it illegal for married people
to obtain contraceptives (birth control) was declared
unconstitutional. The right to a married couple’s privacy was
protected.
United States v. Nixon,
1974 - President Richard Nixon was not protected by executive
privilege, and had to hand over tape-recordings. Nixon remains
the only President to resign the office.
Bush v. Gore,
2000 - Ended Al Gore’s Campaign’s sponsoring of hand-counting
ballots in Florida’s Presidential Election.
Cases Involving a School
(for Brown v.
Board, see above)
**Tinker
v. Des Moines , 1969 - A student
wanted to protest the Vietnam War, so he and some friends wore
a black armband. They were suspended for making such a
political statement. The Supreme Court ruled that clothing is
an extension of free speech (First Amendment), and the
students should not have been suspended.
**Engel v. Vitale, 1962 - The Supreme Court ruled
that official school-sponsored prayer is a violation of the
free exercise clause of the First Amendment.
**Wisconsinv.Yoder,
1972 – Children cannot be forced to attend schools
if it violates their religious practices.
Lemon v. Kurtzman, 1971 –The decision created the
“Lemon Test” where a government’s laws had to be secular,
can’t have the primary effect of advancing or inhibiting
religion, and can’t have entanglements with religion.
Everson v. Board of Education, 1947 – The Supreme Court decided that the
busing was constitutional, as the benefits to the students was
the main purpose of the law, and not the helping of a
religious institution.