Supreme Court Landmark Cases
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
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Abortion |
Affirmative Action |
Aliens |
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Armed Services |
Attainder |
Attorney |
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Bankruptcy |
Bill of Rights |
Birth Control |
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Borders |
Capital Punishment |
Censorship |
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Children |
Choice of Law |
Citizenship |
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Civil Rights |
Commander in Chief |
Commerce Clause |
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Commercial Speech |
Communications |
Conflict of Laws |
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Congress |
Contact Clause |
Courts |
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Criminal Law |
Criminal Procedure |
Cruel & Unusual Punishment |
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Damages |
Discrimination |
Discrim/based/Natinonality |
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Double Jeopardy |
Due Process |
Education |
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Eighth Amendment |
Elections |
Eleventh Amendment |
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Eminent Domain |
Employment |
Environment |
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Equal Protection |
Establishment of Religion |
Evidence |
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Executive Power |
Executive Privilege |
Extradition |
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Federal Courts |
Federalism |
Fifth Amendment |
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Fighting Words |
First Amendment |
Flag Desecration |
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Foreign Affairs |
Forum |
Fourteenth Amendment |
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Fourth Amendment |
Freedom of Assembly |
Freedom of Association |
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Freedom of Religion |
Freedom of Speech |
Freedom of the Press |
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Full Faith & Credit |
Gender |
Government Employment |
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Habeas Corpus |
Handicapped |
Housing |
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Immunity |
Implied Powers |
Imported Tariffs |
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Incorporation |
Indians |
Insanity |
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International Law |
International Relations |
Internet |
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Investigations |
Involuntary Servitude |
Judicial Review |
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Jurisdiction |
Jury |
Justiciability |
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Juveniles |
Labor |
Legislative Policy |
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Libel |
Marriage |
Mental Health |
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Mental Retardation |
Minimum Contacts |
Monopoly |
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National Power |
National Security |
Necessary & Proper |
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New Deal |
Ninth Amendment |
Obscenity |
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Pardon |
Pensions |
Pledge of Loyalty |
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Police Power |
Political Questions |
Political Speech |
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Power to Tax & Spend |
Precedent |
Presidency |
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Prisons |
Privacy |
Privileges & Immunities |
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Property |
Race |
Racial Discrimination |
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Reapportionment |
Regulation |
Removal Power |
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Reproduction |
Res Judicata |
Right to a Hearing |
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Right to Bear Arms |
Right to Confront Witnesses |
Right to Counsel |
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Right to Travel |
Searches & Seizures |
Second Amendment |
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Sedition |
Segregation |
Self-Incrimination |
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Separation of Power |
Sex Discrimination |
Sexuality |
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Sixth Amendment |
Slavery |
Social Security |
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Standing |
State Action |
States |
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Sterilization |
Supremacy Clause |
Symbolic Speech |
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Takings Clause |
Taxation |
Tenth Amendment |
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Testimony |
Thirteenth Amendment |
Trial by Jury |
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Veto |
Voting |
War Powers |
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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.