McCulloch v. Maryland (1819)

This case significantly expanded the power of the federal government by broadly interpreting the Necessary and Proper Clause of the Constitution. The dispute centered around Maryland's attempt to tax the Second Bank of the United States.

Vocabulary: The Necessary and Proper Clause, also known as the Elastic Clause, gives Congress the power to make laws that are necessary and proper for carrying out its enumerated powers.

Chief Justice John Marshall's opinion established two important principles:

1. The Constitution grants to Congress implied powers for implementing the Constitution's express powers.
2. State action may not impede valid constitutional exercises of power by the federal government.

Quote: Marshall famously wrote, "Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional."

This decision affirmed the supremacy of federal law over state law and provided a broad interpretation of federal power that has shaped the balance between state and federal authority ever since.

Example: The ruling in McCulloch v. Maryland has been used to justify many expansions of federal power, such as the creation of federal agencies not explicitly authorized in the Constitution.

Schenck v. United States (1919)

This case addressed the limits of free speech during wartime and established the "clear and present danger" test for determining when speech is not protected by the First Amendment.

Charles Schenck, a Socialist Party member, was charged with violating the Espionage Act of 1917 for distributing leaflets urging resistance to the draft during World War I. The Supreme Court unanimously upheld his conviction.

Definition: The clear and present danger test states that the government can limit speech if it creates a clear and present danger of a significant evil that Congress has the power to prevent.

Justice Oliver Wendell Holmes Jr. wrote the opinion, which included the famous analogy:

Quote: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."

This case set a precedent for limiting free speech when it poses a threat to public safety or national security. However, the "clear and present danger" test has since been replaced by more speech-protective standards.

Highlight: Schenck v. United States demonstrates how civil liberties can be curtailed during times of national crisis, a recurring theme in American history.

Brown v. Board of Education (1954)

This landmark civil rights case overturned the "separate but equal" doctrine established by Plessy v. Ferguson $1896$ and declared state-mandated segregation of public schools unconstitutional.

The case combined several similar cases from different states, all challenging racial segregation in public schools. The NAACP Legal Defense and Educational Fund, led by Thurgood Marshall, argued that segregation violated the Equal Protection Clause of the Fourteenth Amendment.

Quote: Chief Justice Earl Warren delivered the unanimous opinion, stating, "We conclude that, in the field of public education, the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal."

The Court's decision was based on sociological and psychological evidence showing the detrimental effects of segregation on African American children.

Highlight: Brown v. Board of Education was a crucial victory for the civil rights movement and paved the way for desegregation in other areas of American society.

The implementation of the ruling, however, was met with significant resistance in many parts of the country, leading to further legal battles and social unrest in the following years.

Example: In the years following Brown, many school districts implemented "busing" programs to integrate schools, often leading to controversy and opposition.

Engel v. Vitale (1962)

This case addressed the issue of prayer in public schools and helped establish the modern interpretation of the Establishment Clause of the First Amendment.

The case arose when a group of families challenged a New York State law that required public schools to begin each day with a nondenominational prayer. The prayer, composed by the New York Board of Regents, read: "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country."

Definition: The Establishment Clause of the First Amendment prohibits the government from making any law "respecting an establishment of religion."

The Supreme Court, in a 6-1 decision, ruled that the state-sponsored prayer in public schools violated the Establishment Clause.

Quote: Justice Hugo Black wrote in the majority opinion, "It is no part of the business of government to compose official prayers for any group of the American people to recite as a part of a religious program carried on by government."

This decision was controversial and met with significant public opposition. It set a precedent for subsequent rulings that further limited religious activities in public schools.

Highlight: Engel v. Vitale marked a significant shift in the interpretation of the Establishment Clause, moving towards a stricter separation of church and state in public education.

The case remains a touchstone in debates about the role of religion in public life and the extent of religious freedom protections under the First Amendment.

Example: Following Engel v. Vitale, subsequent cases have addressed issues such as Bible reading in schools $Abington School District v. Schempp, 1963$ and prayer at school-sponsored events $Santa Fe Independent School District v. Doe, 2000$.

Baker v. Carr (1962)

This case addressed the issue of legislative apportionment and established the principle that federal courts could intervene in and decide legislative apportionment cases.

The case originated in Tennessee, where the state legislature had not redrawn district lines since 1901, despite significant population shifts. As a result, urban areas were severely underrepresented compared to rural areas.

Definition: Legislative apportionment refers to the process of dividing a state into districts for the purpose of electing representatives to the legislature.

The Supreme Court, in a 6-2 decision, ruled that federal courts had jurisdiction to consider challenges to state legislative apportionment schemes under the Equal Protection Clause of the Fourteenth Amendment.

Quote: Justice William Brennan wrote in the majority opinion, "The question here is the consistency of state action with the Federal Constitution. We have no question decided, or to be decided, by a political branch of government coequal with this Court."

This decision overturned the Court's previous stance that apportionment issues were "political questions" beyond the scope of judicial review.

Highlight: Baker v. Carr paved the way for a series of "one person, one vote" decisions that dramatically reshaped the political landscape in the United States.

The case had far-reaching consequences, leading to the redistricting of state legislatures and congressional districts across the country to ensure more equal representation based on population.

Example: Following Baker v. Carr, the Supreme Court decided Reynolds v. Sims $1964$, which established the principle that state legislative districts must be roughly equal in population.

Gideon v. Wainwright (1963)

This landmark case established the right of criminal defendants in state courts to have legal counsel provided by the state if they cannot afford their own attorney.

Clarence Earl Gideon was charged with breaking and entering in Florida. When he requested a court-appointed lawyer, the judge denied his request, stating that Florida law only required the appointment of counsel in capital cases.

Definition: The Sixth Amendment to the U.S. Constitution guarantees the right to legal counsel in federal criminal prosecutions, but before Gideon, this right was not uniformly applied to state cases.

The Supreme Court unanimously ruled that the Sixth Amendment's guarantee of counsel is a fundamental right essential to a fair trial and is made obligatory upon the states by the Fourteenth Amendment.

Quote: Justice Hugo Black wrote in the opinion, "reason and reflection require us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him."

This decision overturned Betts v. Brady $1942$, which had held that states were not required to provide counsel in non-capital cases unless there were special circumstances.

Highlight: Gideon v. Wainwright significantly expanded access to legal representation and is considered a major milestone in the development of due process rights in the United States.

The case led to the establishment of public defender systems across the country and has had a profound impact on the criminal justice system.

Example: Following the Gideon decision, many states created public defender offices to provide legal representation to indigent defendants. For instance, Florida, where the case originated, established its statewide public defender system in 1963.

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

This case addressed the issue of students' free speech rights in public schools and established that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

The case arose when three students in Des Moines, Iowa, were suspended for wearing black armbands to school to protest the Vietnam War. The school district had adopted a policy prohibiting the wearing of armbands after learning of the students' plan.

Definition: Symbolic speech refers to non-verbal expressions that convey a particular message, such as wearing armbands or burning flags.

The Supreme Court, in a 7-2 decision, ruled in favor of the students, holding that their wearing of armbands was a form of symbolic speech protected by the First Amendment.

Quote: Justice Abe Fortas wrote in the majority opinion, "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

The Court established that school officials cannot censor student expression unless they can reasonably forecast that the speech will cause a material and substantial disruption of school activities or invade the rights of others.

Highlight: Tinker v. Des Moines set a high standard for justifying the suppression of student speech, requiring schools to show that the speech would cause a substantial disruption.

This case has been influential in shaping the boundaries of student free speech rights in public schools, although subsequent cases have carved out exceptions to the Tinker standard.

Example: The Tinker standard has been applied in numerous cases involving student expression, such as Bethel School District v. Fraser $1986$, which addressed lewd speech at a school assembly, and Morse v. Frederick $2007$, which dealt with a banner promoting illegal drug use at a school event.

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

This case, also known as the "Pentagon Papers" case, addressed the issue of prior restraint on the press and reaffirmed the importance of freedom of the press in the face of national security concerns.

The case arose when the New York Times and Washington Post began publishing excerpts from a classified Department of Defense study on U.S. involvement in Vietnam, known as the Pentagon Papers. The Nixon administration sought to prevent further publication, citing national security concerns.

Definition: Prior restraint refers to government action that prohibits speech or other expression before it can take place.

The Supreme Court, in a 6-3 decision, ruled against the government, holding that its attempts to prevent publication of the Pentagon Papers were unconstitutional prior restraints and violated the First Amendment.

Quote: Justice Hugo Black wrote in a concurring opinion, "The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government."

The Court's per curiam opinion emphasized that any system of prior restraints comes to the Court bearing a heavy presumption against its constitutional validity.

Highlight: New York Times Co. v. United States reaffirmed the principle that the government bears a heavy burden in justifying prior restraints on publication, even in matters of national security.

This case is considered a landmark victory for freedom of the press and has had lasting implications for the relationship between the media and the government.

Example: The Pentagon Papers case has influenced subsequent debates about government secrecy and press freedom, such as the publication of classified information by WikiLeaks and Edward Snowden's disclosures about NSA surveillance programs.

Wisconsin v. Yoder (1972)

This case addressed the balance between the state's interest in universal education and the religious freedom rights of parents to direct their children's upbringing.

The case arose when members of the Old Order Amish religion and the Conservative Amish Mennonite Church were convicted of violating Wisconsin's compulsory school attendance law, which required children to attend school until age 16. The Amish parents argued that sending their children to high school was contrary to their religious beliefs and way of life.

Definition: The Free Exercise Clause of the First Amendment protects the right to practice one's religion without government interference.

The Supreme Court, in a unanimous decision, ruled in favor of the Amish parents, holding that the state's interest in universal education was not sufficient to override the Amish parents' First Amendment right to free exercise of religion.

Quote: Chief Justice Warren Burger wrote in the majority opinion, "A way of life that is odd or even erratic but interferes with no rights or interests of others is not to be condemned because it is different."

The Court established a balancing test, weighing the state's interest in education against the parents' interest in religious liberty and their right to direct the religious upbringing of their children.

Highlight: Wisconsin v. Yoder set an important precedent for religious exemptions from generally applicable laws, particularly in the context of education.

This case has had significant implications for debates about religious freedom, parental rights, and the limits of state authority in education.

Example: The Yoder decision has been cited in subsequent cases involving religious exemptions, such as debates over vaccination requirements and religious schools' compliance with anti-discrimination laws.

Roe v. Wade (1973)

This landmark case addressed the issue of abortion rights and established a constitutional right to privacy that encompasses a woman's decision to terminate a pregnancy.

The case originated when Norma McCorvey, under the alias "Jane Roe," challenged Texas's abortion laws, which prohibited abortion except when necessary to save the mother's life.

Definition: The right to privacy, while not explicitly mentioned in the Constitution, has been interpreted by the Supreme Court as being protected by the Due Process Clause of the Fourteenth Amendment.

The Supreme Court, in a 7-2 decision, ruled that the right to privacy under the Due Process Clause of the Fourteenth Amendment extends to a woman's decision to have an abortion, but that this right must be balanced against the state's interests in protecting potential life and women's health.

Quote: Justice Harry Blackmun wrote in the majority opinion, "We, therefore, conclude that the right of personal privacy includes the abortion decision, but that this right is not unqualified and must be considered against important state interests in regulation."

The Court established a trimester framework for regulating abortion:

1. First trimester: The decision must be left to the woman and her doctor.
2. Second trimester: The state can regulate abortion only to protect the woman's health.
3. Third trimester: The state can regulate or prohibit abortion to protect potential life, except when necessary to preserve the life or health of the mother.

Highlight: Roe v. Wade was a controversial decision that has had a profound impact on American law, politics, and society.

The case has been the subject of ongoing debate and legal challenges, with subsequent cases modifying but not overturning its central holding.

Example: In Planned Parenthood v. Casey $1992$, the Supreme Court reaffirmed the central holding of Roe but replaced the trimester framework with an "undue burden" test for evaluating abortion regulations.