Supreme Court Landmark Cases

  1. Marbury v Madison, 1803
  2. McCulloch v Maryland, 1819
  3. Gibbons v Ogden, 1824
  4. Dred Scott v Sandford, 1857
  5. Plessy v Ferguson, 1896
  6. Lochner, v New York, 1905
  7. Near v Minnesota, 1931
  8. West Coast Hotel, v Parrish, 1937
  9. Smith v Allwright, 1944
  10. Sweatt v Painter, 1950
  11. Brown v Board of Education, 1954
  12. Mapp v Ohio, 1961
  13. Baker v Carr, 1962
  14. Gideon v Wainwright, 1963
  15. New York Times Co. v Sullivan, 1964
  16. Griswold v Connecticut, 1965
  17. Miranda v Arizona, 1966
  18. San Antonio Independent School District v Rodrigues, 1973
  19. Roe v Wade, 1973
  20. United States v Nixon, 1974
  21. Texas v Johnson, 1989
  22. Cruzan v Missouri Dept. of Health, 1990
  23. U.S. Term Limits, Inc. v Thornton, 1995
  24. Clinton v Jones, 1997
  25. Engel v Vitale, 1962
  26. Cherokee Nation v Georgia, 1831
  27. Worcester v Georgia, 1832
  28. Regents of the California v Bakke, 1978
  29. Bob Jones University v United States, 1983
  30. Other topics: e.g. History of the Supreme Court; Marshall’s Court; Warren’s Court, specific areas: Native Americans’ rulings, civil rights, civil liberties,….

Amending the Constitution

Hawke v Smith, 1920

Coleman, v Miller, 1939

Judicial Review: Establishment

Marbury v Madison, 1803

Eakin v Raub, 1825

Cases and Controversies

Baker v Carr, 1962

Valley Forge Christian College v Americans United, 1982

Legislative Branch

McGrain v Daugherty, 1927

Barenblatt v United States, 1959

The Delegation of Legislative Power

Schechter Poultry Corporation v United States, 1935

Unites States v Curtiss-Wright Export Corporation, 1936

Constitutional Powers of the President

United States v Nixon, 1974

Nixon v Fitzgerald, 1982

Clinton v Jones, 1997

Political Control Over Administration

Buckley v Valeo, 1976

Immigration and Naturalization Service v Chadha, 1983

Morrison v Olson, 1988

Citizenship

Prigg v Pennsylvania, 1842

Dred Scoatt v Sandord, 1857

Kennedy v Mendoza-Maartinez, 1963

 

The Right to Vote

 

United States v Classic, 1941

Smith v Allwright, 1944

Right to Equal Representation

Reynolds v Sims, 1964

Shaw v Reno, 1993

Nature of National Power

McCulloch v Maryland, 1819

Martin v Hunter’s Lessee, 1816

The Nature of State Power

Unites States v Butler, 1936

Collector v Day, 1871

University of Illinois v United States, 1933

United States v California, 1936

Garcia v San Antonio Metro, 1985

Gregory v Ashcroft, 1991

Printz v United Sates, 1997

Federal Power to Tax and to Spend

Hylton v United States, 1796

Pollock v Farmers’ Loan & Trust Company, 1895

 

Federal Commerce Power

Gibbons v Ogden, 1824

Edwards v California, 1941

Hammer v Dagenhart, 1918

United States v Lopez, 1995

War and Treaty Powers

Woods v Miller, 1948

Missouri v Holland Ex Post Facto Laws, 1920

Calder v Bull, 1798

Bills of Attainder

United States v Brown, 1965

The Contract Clause

The Dartmouth College Case: The Trustees of Dartmouth,

College v Woodward, 1819

Early Efforts to Extend the Bill of Rights to the States

Barron v Baltimore, 1833

 

Substantive Due Process and the Police Power

Munn v Illinois, 1877

Nebbia v New York, 1934

Lochner v New York, 1905

Criminal Procedure and the bill of Rights

Hurtado v California, 1884

Powell v Alabama, 1932

Palko v Connecticut, 1937

Due Process as Fundamental Fairness

Betts v Brady, 1942

Gideon v Wainwrigh, 1963

Irvine v California, 1954

Substantive Due Process Revisited

Griswold v Connecticut, 1965

Roe v Wade, 1973

Washington v Glucksberg, 1997

The Bargaining Away of Constitutional Rights

Wyman v James, 1971

Bordenkircher v Haves, 1978

Free Speech and Security

Schenck v Unites States, 1919

Gitlow v New York, 1925

Dennis v United States, 1951

Tinker v Des Moines, 1971

Free Assembly and Public Order

Adderley v Florida, 1966

R.A.V. v St. Paul, 1992

Walker v Birmingham, 1967

Censorship and the Right to Public

Near v Minnesota, 1931

Kingsley Books v Brown, 1957

Miller v California, 1973

New York Times Co. v United States, 1971

Rust v Sullivan, 1991

 

Free Press—Fair Trial

Richmond Newspapers Inc v Virginia, 1980

Freedom of Religion

Murdock v Pennsylvania, 1943

West Virginia State Board of Education v Barnette, 1943

Employment Division v Smith, 1990

Church of the Lukumi Babalu Aye v City of Hialeah, 1993

Establishment of Religion

Zorach v Clauson, 1952

Mueller v Allen, 1983

Rosenberger v University of Virginia, 1995

Edwards v Aguillard, 1987

Lynch v Donnelly, 1984

How Equal is Equal: The Traditional Test

Goesaert v Cleary, 1948

Strict Scrutiny

Korematsu v United States, 1944

Kramer v Union Free School District, 1969

Intermediate Test

San Antonio v Rodriguez, 1973

Plyler v Doe, 1982

Race Discrimination

Batson v Kentucky, 1986

Shelley v Kraemer, 1948

Plessey v Ferguson, 1896

Sweatt v Painter, 1950

Brown v Board of Education of Topeka, 1954

Swann v Charlotte-Mecklenburg Board of Education, 1971---update please-2001

Milliken v Bradley, 1974

Richmond v Croson, 1989

Discrimination Against Women

Geduldig v Aiello, 1974

Mississippi University for Women v Hogan, 1982

United States v Virginia, 1996

Discrimination Against the Poor

Maher v Roe, 1977

 

Discrimination Against Non suspect Groups

Romer v Evans,1996

Civil Rights Cases

United States v Guest, 1966

South Carolina v Katzenbach, 1966

Boerne v Flores, 1997

Jones v Alfred H. Mayer Co, 1968

 

Supreme Court Cases

 

 

Abortion

Affirmative Action

Aliens

Armed Services

Attainder

Attorney

Bankruptcy

Bill of Rights

Birth Control

Borders

Capital Punishment

Censorship

Children

Choice of Law

Citizenship

Civil Rights

Commander in Chief

Commerce Clause

Commercial Speech

Communications

Conflict of Laws

Congress

Contact Clause

Courts

Criminal Law

Criminal Procedure

Cruel & Unusual Punishment

Damages

Discrimination

Discrim/based/Natinonality

Double Jeopardy

Due Process

Education

Eighth Amendment

Elections

Eleventh Amendment

Eminent Domain

Employment

Environment

Equal Protection

Establishment of Religion

Evidence

Executive Power

Executive Privilege

Extradition

Federal Courts

Federalism

Fifth Amendment

Fighting Words

First Amendment

Flag Desecration

Foreign Affairs

Forum

Fourteenth Amendment

Fourth Amendment

Freedom of Assembly

Freedom of Association

Freedom of Religion

Freedom of Speech

Freedom of the Press

Full Faith & Credit

Gender

Government Employment

Habeas Corpus

Handicapped

Housing

Immunity

Implied Powers

Imported Tariffs

Incorporation

Indians

Insanity

International Law

International Relations

Internet

Investigations

Involuntary Servitude

Judicial Review

Jurisdiction

Jury

Justiciability

Juveniles

Labor

Legislative Policy

Libel

Marriage

Mental Health

Mental Retardation

Minimum Contacts

Monopoly

National Power

National Security

Necessary & Proper

New Deal

Ninth Amendment

Obscenity

Pardon

Pensions

Pledge of Loyalty

Police Power

Political Questions

Political Speech

Power to Tax & Spend

Precedent

Presidency

Prisons

Privacy

Privileges & Immunities

Property

Race

Racial Discrimination

Reapportionment

Regulation

Removal Power

Reproduction

Res Judicata

Right to a Hearing

Right to Bear Arms

Right to Confront Witnesses

Right to Counsel

Right to Travel

Searches & Seizures

Second Amendment

Sedition

Segregation

Self-Incrimination

Separation of Power

Sex Discrimination

Sexuality

Sixth Amendment

Slavery

Social Security

Standing

State Action

States

Sterilization

Supremacy Clause

Symbolic Speech

Takings Clause

Taxation

Tenth Amendment

Testimony

Thirteenth Amendment

Trial by Jury

Veto

Voting

War Powers

Welfare Benefits

Wiretapping

Witnesses

 

Sample (short version) be creative!

 

Plessy v. Ferguson

Historical Perspective: After the American Civil War, 1861-1865, and with the passing of the Reconstruction Era Amendments (13th, 14th & 15th), we then had the return of the "white man’s government" to Southern states. State laws re-invented the "Black Codes," which had been passed right after the Civil War to keep the African American people in their place. These laws established and enforced by criminal penalties a system of racial segregation under which members of the black and white races were required to be separated in the enjoyment of public and semipublic facilities. Plessy v. Ferguson is the case in which the Supreme Court upheld state laws segregating people by their race. Many believe these "Jim Crow" laws were passed in large part to stop poor whites from a political and economic alliance with blacks to threaten the established order in the South.

Separate schools, parks, waiting rooms, and bus or railroad accommodations were required by law; when completely separate facilities later on proved not to be feasible, as in a railroad dining cars, where curtained partitions served to separate the races.

When racial segregation was effected by private actions, as in the case of stores or clubs, no Constitutional Issue could be raised after the decision in the Civil Rights case in 1883. When segregation was required by law, however, the question arose of whether it violated the rights guaranteed to newly freed African Americans by the 14th Amendment. This problem came to the Court for the first time in the case of Plessy v. Ferguson, some twenty-eight years after the Amendment had been adopted.

Background: The Legislature of Louisiana had passed in 1890 a statute providing  "...that all railway companies carrying passengers in their coaches in this state shall provide equal but separate accommodations for the white and colored races, by providing two or more passenger coaches for each passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodations..." A fine of $25 or 20 days in jail was the penalty for sitting in the wrong compartment.

 

Plaintiff: Mr. Plessy, a person who was one eighth African American refused to vacate a seat in the white compartment of a railway car and was arrested for violating the statute. On June 7, 1892, a 30-year-old African American shoemaker named Homer Plessy was jailed for sitting in the "White" car of the East Louisiana Railroad. Plessy was only one eighth black and seven eighth white, but under Louisiana Law, he was considered black and therefore required to sit in the "Colored" car. Plessy went to court and argued, in Homer Adolph Plessy v. The State of Louisiana, that the Separate Car Act violated the 13th & 14th Amendments to the Constitution. The judge at the trial was John Howard Ferguson, a lawyer from Massachusetts who had previously declared the Separate Care Act "unconstitutional on trains that traveled through several states."   In Plessy’s case, however, he decided that the state could choose to regulate railroad companies that operated only within Louisiana. He found Plessy guilty of refusing to leave the white car. Plessy appealed to the Supreme Court of Louisiana, which upheld Ferguson’s decision. In 1896, the Supreme Court of the United States heard Plessy’s case and found him guilty once again.

Defendant: Mr. Ferguson, representing the State of Louisiana.

U.S. Supreme Court’s Ruling: ruled in favor of Ferguson/State of Louisiana, the case in which the Supreme Court upheld state laws segregating people by their race.

Ramifications: The Plessy case made lawful for nearly 60 years the doctrine that African Americans are not denied the equal protection of the laws by compelling them to accept "separate but equal" accommodations. The case endorsed and condoned separateness in all social and governmental institutions: public schools, higher education, the justice system, employment, recreation, transportation, etc. Such were the ramifications of the Court’s ruling;  these artificial and unequal conditions lasted until the 1950s-1960s.  The damage of this decision made an impact on several generations of African Americans, especially to their self esteem, self worth, and what their proper place was in the United States. The African American man could not only fight for this nation and its ideals, but he also could die for them too. He could be on the front line in war, but he was required by statute to sit only in the back of the bus and, he was kept from voting by artificial means. Based on the limited research, the conclusion might be drawn that the U.S. Supreme Court caved in to social pressure with this ruling. A point of interest would be that it is the only time in American history that later on the Supreme Court would overrule itself some 58 years later with the Brown v. The Board of Education of Topeka, 1954.  The Court held that separate educational facilities were inherently unequal because they irreparably damage the self-esteem of African American children-- "To separate African American children from others of similar age and qualifications solely based on their race generates a feeling of inferiority...that may affect their hearts and minds in a way unlikely ever to be undone."  

Oddity: There is a bit of irony in the fact that the majority opinion in the Plessy case was written by Justice Brown, a Yale man from the state of Michigan and the eloquent PROTEST against racial discrimination is found in the dissenting opinion of Justice Harlan, a Southerner from Kentucky.

Question: Does it raise an equal protection question that the Court accepted the state’s determination that Plessy, who was seven eighth white, was black? What would have been the impact of a ruling that permitted segregation but held that a person was to be considered white if he were more than 50% white and black if more than 50% black? Incidentally a Haitian perspective on racial matters is illustrated by a humorous story about "Papa Doc" Duvalier’s reply to a journalist who asked him what percentage of the Haitian population was white:

Ninety-eight percent. The startled American journalists, sure he had either misheard or been misunderstood, put his question again. Duvalier assured him that he had heard and understood the question perfectly well, and had given the correct answer. Struggling to make sense of this incredible piece of information, the American finally asked Duvalier: "How do you define white?" Duvalier answered the question with a question: "How do you define black in your country?" Receiving the explanation that in the U.S. anyone with any black blood was considered black, Duvalier nodded and said, "Well, that the way we define white in my country. Feagin: 1999:285.