United States Constitution

Case Law

Review & Notes

Marbury v. Madison (1803)

Constitutional Issue Can federal laws or

actions be declared unconstitutional?

Supreme Court Ruling YES JUCIDIAL REVIEW –

the Supreme Court has the authority to review all laws and government actions

McCulloch v. Maryland (1819)

Constitutional Issue Can states tax federal

agencies?

Supreme Court Ruling NO SUPREMACY CLAUSE

- makes federal institutions higher than state institutions

ELASTIC CLAUSE – Bank of United States is constitutional

Gibbons v. Ogden (1824)

Constitutional Issue Who regulates trade?

Supreme Court Ruling INTERSTATE COMMERCE

– trade between states controlled by the federal government

INTRASTATE COMMERCE – trade inside a state controlled by the state government

Worcester v. Georgia (1832)

Constitutional Issue Can states force Native

Americans to move to western reservations?

Supreme Court Ruling SUPREMACY CLAUSE

– only the federal government can negotiate treaties

Dred Scott v. Sanford (1857)

Constitutional Issue Was Dred Scott (a

slave) a citizen of the United States?

Supreme Court Ruling Slaves were not

citizens Slaves were property Slaves had no legal

standing Slaves cannot be taken

from owners without due process of law

Civil Rights Cases (1883)

Constitutional Issue Can the United States

Congress pass laws barring discrimination under the 13th & 14th Amendments?

Supreme Court Ruling Congress cannot

regulate discrimination by individuals in the private sector

Wabash, St. Louis & Pacific Railroad v. Illinois (1886)

Constitutional Issue Can a state

government regulate railroad prices on tracks within its’ border?

Supreme Court Ruling Railroads are a form of

INTERSTATE COMMERCE and can only be regulated by the United States Congress

United States v. E.C. Knight Co. (1895)

Constitutional Issue Does the Sherman Anti-

Trust Act outlaw manufacturing monopolies?

Supreme Court Ruling No In this case the manufacture

of sugar by the E.C Knight Co. was INTRASTATE COMMERCE and thus regulated by the state government – the federal government had no authority

In Re Debs (1895)

Constitutional Issue Does the Federal

government have the authority to stop railroad workers from striking?

Supreme Court Ruling Yes Railroads are

INTERSTATE COMMERCE and thus are regulated by the federal government

Plessy v. Ferguson (1896)

Constitutional Issue Are laws segregating

the races allowed and legal?

Supreme Court Ruling Establishes the

principle of SEPARATE BUT EQUAL

Northern Securities Co. v. United States (1904)

Constitutional Issue Can the United States

Congress regulate a holding companies’ efforts to eliminate competition?

Supreme Court Ruling Yes A holding company

designed to eliminate competition was an illegal monopoly or trust

Lochner v. New York (1905)

Constitutional Issue Who can make laws

regulating hours of work?

Supreme Court Ruling States have the power

to regulate working conditions in the area of health and safety

Muller v. Oregon (1908)

Constitutional Issue Should there be

differences in regulated work hours between men and women?

Supreme Court Ruling Yes There are differences

between the genders and states regulate work hours for women in order to protect them

Schenck v. United States (1919)

Constitutional Issue What are the limits and/or

restrictions on free speech and the 1st Amendment?

Supreme Court Ruling Free speech and the 1st

Amendment are not unlimited

Speech was not constitutionally protected if it presented a CLEAR AND PRESENT DANGER

i.e.- you cannot yell fire in a crowded theater

Schechter Poultry Corporation v. United States (1935)

Constitutional Issue Does the President

have the authority to regulate commerce during the Great Depression under the National Industrial Recovery Act?

Supreme Court Ruling No The United States

Congress has the power to regulate INTERSTATE COMMERCE not the President

Korematsu v. United States (1944)

Constitutional Issue Did Executive order #9066

(Japanese Internment Camps) violate the 14th Amendment (EQUAL PROTECTION) and the 5th Amendment (RIGHT TO LIFE, LIBERTY& PROPRETY)? Does World War II create a special circumstance that allows these rights to be suspended?

Supreme Court Ruling An entire race could be

labeled a “suspect classification” and their rights could be denied or suspended because of military considerations.

Brown v. Board of Education of Topeka Kansas (1954)

Constitutional Issue Is SEPARATE BUT

EQUAL from Plessy v. Ferguson constitutional?

Supreme Court Ruling Rejects SEPARATE

BUT EQUAL RULING in Plessy v. Ferguson

Schools must be INTEGRATED

Watkins v. United States (1957)

Constitutional Issue Does an individual have the

right to refuse to answer questions from a Congressional Committee under the 5th Amendment?

Supreme Court Ruling Congressional Committees

are required to uphold the Bill of Rights and must grant citizens freedom of speech.

Congressional Committees are restricted to the areas of investigation delegated to the committees

No witness can be made to testify on matters outside those areas.

Mapp v. Ohio (1961)

Constitutional Issue Can the police forcible

search a home?

Supreme Court Ruling This is a violation of the 4th

Amendment protection from SEARCH & SEIZURE

The 4th (SEARCH & SEIZURE) & 14th (EQUAL PROTECTION) Amendments protect individuals from unwarranted federal and state intrusion of their private property

Baker v. Carr (1962)

Constitutional Issue Do legislative districts

have to be equal in population?

Supreme Court Ruling Yes Unequal districts

based on population violate the 14th Amendment right to EQUAL PROTECTION

Engle v. Vitale (1962)

Constitutional Issue Does school prayer

violate the 1st Amendment?

Supreme Court Ruling YES School prayer violates

the 1st Amendment guarantee of SEPARATAION OF CHURCH AND STATE

Gideon v. Wainwright (1963)

Constitutional Issue Do individuals accused

of state crimes have the right to defense counsel?

Supreme Court Ruling Yes Individuals accused of

both state and federal crimes have the right to counsel under the 14th Amendment

Heart of Atlanta Motel v. United States (1964)

Constitutional Issue Can the US Congress

require private businesses within a state to comply with the Civil Rights Act of 1964?

Supreme Court Ruling Yes The commerce clause

of the Constitution empowers Congress to regulate both commercial and non-commercial INTERSTATE travel

Miranda v. Arizona (1964)

Constitutional Issue Do accused criminals have

to be advised of their constitutional right to remain silent?

Supreme Court Ruling The Court held that the

police must inform suspects that they have the right to remain silent, that anything they say may be used against them, and that they have the right to counsel before the police may begin to question those held in custody

Tinker v. Des Moines (1969)

Constitutional Issue Do students have a 1st

Amendment right to free speech and protest in school?

Supreme Court Ruling Yes The wearing of

armbands is the exercise of students’ right to free, silent, symbolic speech protected under the 1st Amendment

New York Times Co. v. United States (1971)

Constitutional Issue Does the President

have the power to stop the publication of historical news that might have an impact on the Vietnam War?

Supreme Court Ruling Noted the Supreme

Court was often wrong on this issue in the past

The Government’s attempt at censorship was unconstitutional

Roe v. Wade (1973)

Constitutional Issue Do state laws banning

or regulating abortion violate a women’s right to privacy or personal choice in matters of family decisions or marriage?

Supreme Court Ruling States could regulate

abortions only in certain circumstances

Women did have a right to privacy and reproductive autonomy

United States v. Nixon (1974)

Constitutional Issue What are the limits of

executive privilege and immunity from any court demands for information and evidence?

Supreme Court Ruling Presidential power is

not above the law Presidential power

cannot be used to protect evidence that may be used in a criminal trial

New Jersey v. TLO (1985)

Constitutional Issue Can a school search a

student and/or their possessions?

Supreme Court Ruling School officials who

have “reasonable suspicion” that a student has done something wrong may conduct a reasonable search of the suspicious student

Cruzan v. Director, Missouri Department of Health (1990)

Constitutional Issue Can the state intervene to

stop the termination of a life support system in a patient in a “persistent vegetative state”?

Supreme Court Ruling The termination of life

support systems could only take place if there was “clear and convincing” evidence that the patient was competent at the time of decision that the individual did not want artificial support to keep them alive

Planned Parenthood of Southeastern Pennsylvania et. al. v. Casey (1992)

Constitutional Issue Do parents of minors or

husbands of wives have to be notified of a women’s choice to have an abortion?

Supreme Court Ruling Reaffirmed the ruling of Roe

v. Wade that women have a right to privacy in choosing an abortion

Specifically, most of the provisions of the Pennsylvania law were determined not to be an “undue burden” preventing access to abortion

Vernonia School District v. Acton (1995)

Constitutional Issue Does drug testing of

student athletes violate their protection against unreasonable search and seizure provided in the 4th Amendment?

Supreme Court Ruling Yes Student rights were

lessened at school if it was necessary to maintain student safety and to fulfill the educational mission of the school