40 Frequently Discussed Constitutional Law Cases in History

1. Marbury v. Madison (1803)

Confirmed the doctrine of judicial review whereby courts can nullify laws based on unconstitutionality.

2. McCulloch v. Maryland (1819)

Confirmed supremacy of federal law over state law and ratified use of implied powers under Necessary and Proper Clause.

3. Gibbons v. Ogden (1824)

Expanded Commerce Clause to grant Congress broad powers over interstate commerce.

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4. Dred Scott v. Sandford (1857)

Held that African Americans, whether slave or free, could not be American citizens and had no standing to sue in federal court-a decision later overridden by the Thirteenth and Fourteenth Amendments.

5. Plessy v. Ferguson (1896)

Voted to uphold the “separate but equal” doctrine under which racial segregation could be implemented and maintained (decision later reversed by Brown v. Board of Education).

6. Brown v. Board of Education (1954)

Overturned Plessy v. Ferguson declaring that racial segregation in public schools was unconstitutional, the court maintains that “separate is inherently unequal.”

7. Gideon v. Wainwright (1963)

Guaranteed a criminal defendant the right to counsel where financial means are not available, the right for a fair trial under the sixth amendment.

8. Miranda v. Arizona (1966)

Established the rule that police should let suspects know they have the right to remain silent and to be represented by counsel in questioning.

9. Tinker v. Des Moines Independent Community School District (1969)

Protected student rights under the First Amendment: Students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

10. Roe v. Wade (1973)

Established a woman’s constitutional right to an abortion, based on the right of privacy under the Fourteenth Amendment (overturned by Dobbs v. Jackson Women’s Health Organization in 2022).

11. United States v. Nixon (1974)

Restricted presidential immunity, holding that President Nixon had to produce tapes of his conversations related to the Watergate scandal, thereby reaffirming the doctrine that no one, not even the president, is above the law.

12. Regents of the University of California v. Bakke (1978)

Ruled that racial quotas in university admissions were unconstitutional but upheld affirmative action policies in higher education.

13. Texas v. Johnson (1989)

Protected the right to burn the American flag as a form of symbolic speech under the First Amendment.

14. Bush v. Gore (2000)

Resolved the disputed 2000 presidential election, ruling that the Florida recount process violated the Equal Protection Clause of the Fourteenth Amendment.

15. Obergefell v. Hodges (2015)

Legalized same-sex marriage nationwide, ruling that the Fourteenth Amendment guarantees the right to marry to same-sex couples.

16. Loving v. Virginia (1967)

Struck down laws banning interracial marriage, declaring them unconstitutional under the Equal Protection and Due Process Clauses of the Fourteenth Amendment.

17. Korematsu v. United States (1944)

Approved the Japanese American internment during World War II, though later denounced and considered one of the worst judicial mistakes ever.

18. Citizens United v. Federal Election Commission (2010)

Ruled that independent political broadcasts sponsored by corporations during candidate elections are protected under the First Amendment against limitations in campaign finance law.

19. Lemon v. Kurtzman (1971)

Established the Lemon test for determining whether a law violates the Establishment Clause of the First Amendment (focused on government involvement with religion).

20. Schenck v. United States (1919)

 Upheld the conviction of a man who distributed anti-draft pamphlets during World War I, establishing the “clear and present danger” test for limits on free speech.

21. New York Times Co. v. Sullivan (1964)

Established the “actual malice” standard for cases of defamation against public officials, further entrenching freedom of the press.

22. Baker v. Carr (1962)

Established the “one person, one vote” principle, which required redistricting to ensure that legislative districts had roughly equal numbers of voters.

23. Griswold v. Connecticut (1965)

Established a right to privacy, holding that a law criminalizing the use of contraceptives violated the right of marital privacy.

24. Loving v. Virginia (1967)

Invalidated laws banning interracial marriage, affirming the fundamental right to marry under the Constitution.

25. Mapp v. Ohio (1961)

Incorporated the exclusionary rule to the states, ruling that evidence obtained in violation of the Fourth Amendment could not be used in state criminal trials.

26. McDonald v. Chicago (2010)

Incorporated the Second Amendment right to bear arms to the states, extending federal gun rights protections to state and local laws.

27. Shelley v. Kraemer (1948)

Ruled that courts could not enforce racially restrictive covenants in property deeds, marking a significant step in civil rights law.

28. West Virginia State Board of Education v. Barnette (1943)

Protected the right of students not to salute the American flag or recite the Pledge of Allegiance in public schools, affirming the freedom of speech and religion.

29. Hernandez v. Texas (1954)

Extended protection against discrimination to Mexican Americans, ruling exclusion from juries based on ethnicity unconstitutional.

30. U.S. v. Windsor (2013)

Struck down the Defense of Marriage Act (DOMA), citing that federal government must recognize same-sex marriages

31. Grutter v. Bollinger (2003)

Upheld affirmative action in university admissions, ruling race could be considered for admissions as a way to achieve diversity but quotas based on color were unconstitutional.

32. Furman v. Georgia (1972)

Set aside the death penalty, held it was capriciously and arbitrarily applied, and discriminatorily.

33. United States v. Lopez (1995)

Confined the legislative power of Congress under the Commerce Clause, stating that the Gun-Free School Zones Act exceeded congressional constitutional authority

34. Chisholm v. Georgia (1793)

Held that states could be sued in federal court by citizens of other states, but was later effectively overturned by the Eleventh Amendment.

35. Gonzales v. Raich (2005)

Allowed the federal government to regulate the possession and use of marijuana, even in states where it was legalized for medical use.

36. Zorach v. Clauson (1952)

Held public schools could excuse students for religious instruction and determined the government could accommodate religion consistent with the Establishment Clause.

37. Walz v. Tax Commission of the City of New York (1970)

Voted to sustain tax exemptions for religious groups, solidifying the idea that the First Amendment gives government the power to accommodate religion.

38. Burlington Northern & Santa Fe Railway Co. v. White (2006)

Expanded on the definition of retaliation under Title VII of the Civil Rights Act, protecting employees from workplace retaliation for having made complaints

39. Roper v. Simmons (2005)

Declared a ban on executing minors as unconstitutional under the Eighth Amendment’s ban on cruel and unusual punishment

40. District of Columbia v. Heller (2008)

Affirmed an individual’s right to possess a firearm under the Second Amendment, striking down a D.C. law that banned handgun possession.

These are the cases that cover a wide range of constitutional issues, from civil rights and individual liberties to the balance of powers between the branches of government; they continue to shape American law and society.

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