List of landmark court decisions in the United States
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Landmark court decisions in the United States change the interpretation of existing
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
. Such a decision may settle the law in more than one way: * establishing a significant new
legal principle A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling ...
or concept; * overturning prior precedent based on its negative effects or flaws in its reasoning; * distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of '' stare decisis''; * establishing a test or a measurable standard that can be applied by courts in future decisions. In the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, landmark court decisions come most frequently from the Supreme Court.
United States courts of appeals The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals f ...
may also make such decisions, particularly if the Supreme Court chooses not to review the case or if it adopts the holding of the lower court, such as in '' Smith v. Collin''. Although many cases from
state supreme court In the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in b ...
s are significant in developing the law of that state, only a few are so revolutionary that they announce standards that many other state courts then choose to follow.


Individual rights


Discrimination based on race and ethnicity

*''
Dred Scott v. Sandford ''Dred Scott v. Sandford'', 60 U.S. (19 How.) 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, enslaved or free; th ...
'', People of
African descent Black is a racialized classification of people, usually a political and skin color-based category for specific populations with a mid to dark brown complexion. Not all people considered "black" have dark skin; in certain countries, often in ...
that are slaves or were slaves and subsequently freed, along with their descendants, cannot be
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
citizens. Consequently, they cannot sue in federal court.
Slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
cannot be prohibited in
U.S. territories Territories of the United States are sub-national administrative divisions overseen by the federal government of the United States. The various American territories differ from the U.S. states and tribal reservations as they are not sover ...
before they are
admitted to the Union ''Admitted'' is a 2020 Indian Hindi-language docudrama film directed by Chandigarh-based director Ojaswwee Sharma. The film is about Dhananjay Chauhan, the first transgender student at Panjab University. The role of Dhananjay Chauhan has been p ...
as doing so would violate the Due Process Clause of the Fifth Amendment. After the
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
, this decision was voided by the
Thirteenth In music or music theory, a thirteenth is the note thirteen scale degrees from the root of a chord and also the interval between the root and the thirteenth. The interval can be also described as a compound sixth, spanning an octa ...
and Fourteenth
Amendments An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. The ...
to the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
. *''
Strauder v. West Virginia ''Strauder v. West Virginia'', 100 U.S. 303 (1880), was a landmark decision of the Supreme Court of the United States about racial discrimination and United States constitutional criminal procedure. ''Strauder'' was the first instance where t ...
'', The exclusion of individuals from
juries A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England dur ...
solely because of their race is a violation of the Equal Protection Clause. This was the first time that the Supreme Court reversed a state criminal conviction due to a violation of a constitutional provision concerning criminal procedure. *'' Yick Wo v. Hopkins'', Racially discriminatory application of a racially neutral statute violates the Equal Protection Clause of the Fourteenth Amendment. *''
Plessy v. Ferguson ''Plessy v. Ferguson'', 163 U.S. 537 (1896), was a landmark U.S. Supreme Court decision in which the Court ruled that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in qualit ...
'', Segregated facilities for blacks and whites are constitutional under the doctrine of
separate but equal Separate but equal was a legal doctrine in United States constitutional law, according to which racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally guaranteed "equal protec ...
. As long as the separate facilities are equal in quality, then such separation is not unconstitutional. (''de facto'' overruled by ''
Brown v. Board of Education ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segrega ...
'' (1954)) *'' Missouri ex rel. Gaines v. Canada'', States with racially segregated educational systems cannot satisfy the "separate but equal" provision of ''Plessy'' merely by offering to pay for black students to be educated at an out-of-state institution; they must offer those opportunities in-state. *''
Smith v. Allwright ''Smith v. Allwright'', 321 U.S. 649 (1944), was a landmark decision of the United States Supreme Court with regard to voting rights and, by extension, racial desegregation. It overturned the Texas state law that authorized parties to set thei ...
'', Primary elections must be open to voters of all races. *'' Steele v. Louisville & Nashville Railway Co.'', Imposed
duty of fair representation The duty of fair representation is incumbent upon Canadian and U.S. labor unions that are the exclusive bargaining representative of workers in a particular group. It is the obligation to represent all employees fairly, in good faith, and without ...
on labor unions, requiring that they represent all members of their bargaining unit equally, without regard to race or union membership (later understood to include other protected categories). *'' Korematsu v. United States'',
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Franklin D. Roosevelt Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
's Executive Order 9066 is constitutional; therefore, American citizens of Japanese descent can be
interned Internment is the imprisonment of people, commonly in large groups, without charges or intent to file charges. The term is especially used for the confinement "of enemy citizens in wartime or of terrorism suspects". Thus, while it can simpl ...
and deprived of their basic constitutional rights. This case featured the first application of strict scrutiny to
racial discrimination Racial discrimination is any discrimination against any individual on the basis of their skin color, race or ethnic origin.Individuals can discriminate by refusing to do business with, socialize with, or share resources with people of a certain g ...
by the government. (Potentially overruled by ''
Trump v. Hawaii ''Trump v. Hawaii'', No. 17-965, 585 U.S. ___ (2018), was a landmark United States Supreme Court case involving Presidential Proclamation 9645 signed by President Donald Trump, which restricted travel into the United States by people from sever ...
'' (2018)) *''
Morgan v. Virginia ''Morgan v. Virginia'', 328 U.S. 373 (1946), is a major United States Supreme Court case. In this landmark 1946 ruling, the U.S. Supreme Court ruled 7–1 that Virginia's state law enforcing segregation on interstate buses was unconstitutional. ...
'', A Virginia law that enforces
segregation Segregation may refer to: Separation of people * Geographical segregation, rates of two or more populations which are not homogenous throughout a defined space * School segregation * Housing segregation * Racial segregation, separation of humans ...
on interstate buses is unconstitutional. *'' Shelley v. Kraemer'', Courts may not enforce racial covenants on
real estate Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more general ...
. *'' Henderson v. United States'', The Interstate Commerce Act of 1887 makes it unlawful for a railroad that engages in interstate commerce to subject any particular person to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. *'' Hernandez v. Texas'', The equal protection of the laws guaranteed by the Fourteenth Amendment covers any racial, national, and ethnic groups of the United States against whom discrimination can be proved. *''
Brown v. Board of Education ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segrega ...
'',
Segregated schools Segregation may refer to: Separation of people * Geographical segregation, rates of two or more populations which are not homogenous throughout a defined space * School segregation * Housing segregation * Racial segregation, separation of humans ...
in the states are unconstitutional because they violate the Equal Protection Clause of the Fourteenth Amendment. The Court found that the
separate but equal Separate but equal was a legal doctrine in United States constitutional law, according to which racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally guaranteed "equal protec ...
doctrine adopted in ''Plessy'' "has no place in the field of public education". *'' Bolling v. Sharpe'', Segregated schools in the
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
violate the Equal Protection Clause as incorporated against the federal government by the Due Process Clause of the Fifth Amendment. *'' Sarah Keys v. Carolina Coach Company'', 64 MCC 769 (1955) According to the Interstate Commerce Commission, the non-discrimination language of the Interstate Commerce Act of 1887 bans
racial segregation Racial segregation is the systematic separation of people into race (human classification), racial or other Ethnicity, ethnic groups in daily life. Racial segregation can amount to the international crime of apartheid and a crimes against hum ...
on buses traveling across state lines. The Supreme Court later adopted and expanded this decision in ''Boynton v. Virginia'' (1960). *''
Browder v. Gayle ''Browder v. Gayle'', 142 F. Supp. 707 (1956),''Browder v. Gayle''
14 ...
'', 142 F.Supp. 707 (M.D. Ala. 1956) Bus segregation is unconstitutional under the Equal Protection Clause. *''
Gomillion v. Lightfoot ''Gomillion v. Lightfoot'', 364 U.S. 339 (1960), was a landmark decision of the Supreme Court of the United States that found an electoral district with boundaries created to disenfranchise African Americans violated the Fifteenth Amendment. Bac ...
'', Electoral district boundaries drawn only to disenfranchise blacks violate the Fifteenth Amendment. *''
Boynton v. Virginia ''Boynton v. Virginia'', 364 U.S. 454 (1960), was a landmark decision of the US Supreme Court.. The case overturned a judgment convicting an African American law student for trespassing by being in a restaurant in a bus terminal which was "whit ...
'',
Racial segregation Racial segregation is the systematic separation of people into race (human classification), racial or other Ethnicity, ethnic groups in daily life. Racial segregation can amount to the international crime of apartheid and a crimes against hum ...
in all forms of public transportation is illegal under the Interstate Commerce Act of 1887. *'' Garner v. Louisiana'', Peaceful sit-in demonstrators protesting segregationist policies cannot be arrested under a state's "disturbing the peace" laws. *'' Heart of Atlanta Motel, Inc. v. United States,'' The
Commerce Clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
gives Congress power to force private businesses to abide by
Title II of the Civil Rights Act of 1964 The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
, which prohibits discrimination in
public accommodations In United States law, public accommodations are generally defined as facilities, whether publicly or privately owned, that are used by the public at large. Examples include retail stores, rental establishments, and service establishments as well ...
. *'' Loving v. Virginia'', Laws that prohibit interracial marriage ( anti-miscegenation laws) are unconstitutional. *'' Swann v. Charlotte-Mecklenburg Board of Education'', The busing of students to promote racial integration in public schools is constitutional. *''
Gates v. Collier ''Gates v. Collier'', 501 F.2d 1291 (5th Cir. 1974), was a landmark decision of the Fifth Circuit Court of Appeals that brought an end to the trusty system as well as flagrant inmate abuse at Mississippi State Penitentiary, also known as Parchm ...
'', 501 F.2d 1291 (5th Cir. 1974) This decision brought an end to the trusty system and flagrant inmate abuse at the Mississippi State Penitentiary in Parchman, Mississippi. It was the first body of law developed in the Fifth Circuit that abolished
racial segregation Racial segregation is the systematic separation of people into race (human classification), racial or other Ethnicity, ethnic groups in daily life. Racial segregation can amount to the international crime of apartheid and a crimes against hum ...
in prisons and held that a variety of forms of corporal punishment against prisoners is considered cruel and unusual punishment in violation of the Eighth Amendment. *''
Regents of the University of California v. Bakke ''Regents of the University of California v. Bakke'', 438 U.S. 265 (1978) involved a dispute of whether preferential treatment for minorities can reduce educational opportunities for whites without violating the Constitution. The case was a la ...
'',
Racial quota Racial quotas in employment and education are numerical requirements for hiring, promoting, admitting and/or graduating members of a particular racial group. Racial quotas are often established as means of diminishing racial discrimination, add ...
s in educational institutions violate the Equal Protection Clause, but a more narrowly tailored use of race in admission decisions may be permissible. *'' Batson v. Kentucky'', Prosecutors may not use
peremptory challenge In American and Australian law, the right of peremptory challenge is a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause, i.e. by ...
s to dismiss jurors based on their race. *''
Adarand Constructors, Inc. v. Peña ''Adarand Constructors, Inc. v. Peña'', 515 U.S. 200 (1995), was a List of landmark court decisions in the United States, landmark Supreme Court of the United States, United States Supreme Court case which held that racial classifications, impos ...
'', Race-based discrimination, including discrimination in favor of minorities ( affirmative action), must pass strict scrutiny. *''
Grutter v. Bollinger ''Grutter v. Bollinger'', 539 U.S. 306 (2003), was a landmark case of the Supreme Court of the United States concerning affirmative action in student admissions. The Court held that a student admissions process that favors "underrepresented minor ...
'', A narrowly tailored use of race in student admission decisions may be permissible under the Equal Protection Clause because a diverse student body is beneficial to all students. This was hinted at in ''Regents v. Bakke'' (1978). *''
Schuette v. Coalition to Defend Affirmative Action ''Schuette v. Coalition to Defend Affirmative Action'', 572 U.S. 291 (2014), was a landmark decision of the Supreme Court of the United States concerning affirmative action and race- and sex-based discrimination in public university admissions. ...
'', A Michigan state constitutional amendment that bans affirmative action does not violate the Equal Protection Clause.


Discrimination based on sex

*'' Muller v. Oregon'', Oregon's restrictions on the working hours of women are constitutional under the Fourteenth Amendment because they are justified by the strong state interest in protecting women's health. *'' Glasser v. United States'', The exclusion of women from the jury pool, other than members of the League of Women Voters who have attended a jury training class, violates the fair-cross section requirement of the Impartial Jury Clause of the Sixth Amendment. Noteworthy for being the first majority opinion of the Court to use the phrase "cross-section of the community" and the first jury discrimination case to invoke the Sixth Amendment rather than Equal Protection Clause of the Fourteenth Amendment. *'' Phillips v. Martin Marietta Corp.'', An employer may not, in the absence of business necessity, refuse to hire women with preschool-age children while hiring men with such children. *''
Reed v. Reed ''Reed v. Reed'', 404 U.S. 71 (1971), was a landmark decision of the Supreme Court of the United States holding that the administrators of estates cannot be named in a way that discriminates between sexes. In ''Reed v. Reed'' the Supreme Court rule ...
'', Administrators of estates cannot be named in a way that discriminates on the basis of sex; the first time the Equal Protection Clause had been read by the Supreme Court as applying to sex. *'' Stanley v. Illinois'', Laws that automatically make the children of unmarried fathers wards of the state after their mother dies, but not the other way around, are unconstitutional. The first case in which the Supreme Court found men faced sex discrimination. *'' Frontiero v. Richardson'', Sex-based discriminations are inherently suspect. A statute that gives benefits to the spouses of male members of the uniformed services, but not to the spouses of female members, (on the assumption that only the former are dependent) is unconstitutional. *''
Taylor v. Louisiana ''Taylor v. Louisiana'', 419 U.S. 522 (1975), was a List of landmark court decisions in the United States, landmark decision of the US Supreme Court which held that women could not be excluded from a ''venire'', or jury duty, jury pool, on the basi ...
'', Systematic exclusion of women from jury service on the basis of having to register for jury duty violates a criminal defendant's Sixth and Fourteenth Amendment rights. *''
Craig v. Boren ''Craig v. Boren'', 429 U.S. 190 (1976), was a List of landmark court decisions in the United States, landmark decision of the US Supreme Court ruling that statutory or administrative sex classifications were subject to intermediate scrutiny under ...
'', Setting different minimum ages for females (18) and males (21) to be allowed to buy beer is unconstitutional sex-based discrimination contrary to the Equal Protection Clause of the Fourteenth Amendment. *''
Mississippi University for Women v. Hogan ''Mississippi University for Women v. Hogan'', 458 U.S. 718 (1982), was a landmark decision of the Supreme Court of the United States, decided 5–4, which ruled that the single-sex admissions policy of the Mississippi University for Women viol ...
'', The single-sex admissions policy of the
Mississippi University for Women Mississippi University for Women (MUW or "The W") is a coeducational public university in Columbus, Mississippi. It was formerly named the Industrial Institute and College for the Education of White Girls and later the Mississippi State College ...
's School of Nursing violated the Equal Protection Clause of the Fourteenth Amendment. *'' Price Waterhouse v. Hopkins'', Discrimination against an employee on the basis of sex stereotyping - that is, a person's nonconformity to social or other expectations of that person's gender - constitutes impermissible sex discrimination, in violation of
Title VII of the Civil Rights Act of 1964 The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requi ...
. The employer bears the burden of proving that the adverse employment action would have been the same if sex discrimination had not occurred. *'' J.E.B. v. Alabama ex rel. T.B.'', Prosecutors may not use
peremptory challenge In American and Australian law, the right of peremptory challenge is a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause, i.e. by ...
s to dismiss jurors based on their sex. *''
United States v. Virginia ''United States v. Virginia'', 518 U.S. 515 (1996), is a landmark case in which the Supreme Court of the United States struck down the long-standing male-only admission policy of the Virginia Military Institute (VMI) in a 7–1 decision. Justice ...
'', Sex-based "
separate but equal Separate but equal was a legal doctrine in United States constitutional law, according to which racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally guaranteed "equal protec ...
" military training facilities violate the Equal Protection Clause. *''
Oncale v. Sundowner Offshore Services ''Oncale v. Sundowner Offshore Services'', 523 U.S. 75 (1998), is a landmark decision of the US Supreme Court. The case arose out of a suit for sex discrimination by a male oil-rig worker, who claimed that he was repeatedly subjected to sexual ha ...
'', The protection of
Title VII of the Civil Rights Act of 1964 The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requi ...
against
workplace discrimination Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, ...
"because of... sex" applied to harassment in the
workplace A workplace is a location where someone works, for their employer or themselves, a place of employment. Such a place can range from a home office to a large office building or factory. For industrialized societies, the workplace is one of th ...
between members of the same sex. * '' Burlington Northern & Santa Fe Railway Co. v. White'', The anti-retaliation provision under
Title VII of the Civil Rights Act of 1964 The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requi ...
does not confine the actions and harms it forbids to those that are related to employment or occur at the workplace.


Discrimination based on sexual orientation or gender identity

*'' One, Inc. v. Olesen'', (per curiam) Pro-homosexual writing is not ''per se'' obscene. This was the first Supreme Court ruling to deal with homosexuality and the first to address free speech rights with respect to homosexuality. *''
Bowers v. Hardwick ''Bowers v. Hardwick'', 478 U.S. 186 (1986), was a landmark decision of the U.S. Supreme Court that upheld, in a 5–4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults ...
'', A Georgia law that criminalizes certain acts of private sexual conduct between homosexual persons does not violate the Fourteenth Amendment (overruled by ''
Lawrence v. Texas ''Lawrence v. Texas'', 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that most sanctions of criminal punishment for consensual, adult non- procreative sexual activity (commonly referred to as so ...
'' (2003)). *''
Romer v. Evans ''Romer v. Evans'', 517 U.S. 620 (1996), is a landmark United States Supreme Court case dealing with sexual orientation and state laws.. It was the first Supreme Court case to address gay rights since ''Bowers v. Hardwick'' (1986),. when the C ...
'', A Colorado state constitutional amendment that prevents homosexuals and bisexuals from being able to obtain protections under the law is a violation of the Equal Protection Clause of the Fourteenth Amendment. *''
Lawrence v. Texas ''Lawrence v. Texas'', 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that most sanctions of criminal punishment for consensual, adult non- procreative sexual activity (commonly referred to as so ...
'', A Texas law that criminalizes consensual same-sex sexual conduct furthers no legitimate state interest and violates homosexuals'
right to privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 194 ...
under the Due Process Clause of the Fourteenth Amendment. This decision invalidates all of the remaining
sodomy laws in the United States Sodomy laws in the United States, which outlawed a variety of sexual acts, were inherited from colonial laws in the 17th century. While they often targeted sexual acts between persons of the same sex, many statutes employed definitions broad ...
. *''
Goodridge v. Department of Public Health ''Goodridge v. Dept. of Public Health'', 798 N.E.2d 941 ( Mass. 2003), is a landmark Massachusetts Supreme Judicial Court case in which the Court held that the Massachusetts Constitution requires the state to legally recognize same-sex marriage ...
'', 440 Mass. 309 (2003) The denial of marriage licenses to same-sex couples violates provisions of the state constitution guaranteeing individual liberty and equality and is not rationally related to a legitimate state interest. This was the first state court decision in which same-sex couples won the right to marry. *''
United States v. Windsor ''United States v. Windsor'', 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition o ...
'', Section 3 of the
Defense of Marriage Act The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton. It banned federal recognition of same-sex marriage by limiting the definition of marr ...
, which defines—for
federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many po ...
purposes—the terms "marriage" and "spouse" to apply only to marriages between one man and one woman, is a deprivation of the equal liberty of the person protected by the Due Process Clause of the Fifth Amendment. The federal government must recognize
same-sex marriages Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
that have been approved by the states. *''
SmithKline Beecham Corporation v. Abbott Laboratories ''Batson v. Kentucky'', 476 U.S. 79 (1986), was a landmark decision of the United States Supreme Court ruling that a prosecutor's use of a peremptory challenge in a criminal case—the dismissal of jurors without stating a valid cause for doin ...
'', 740 F.3d 471 (9th Cir. 2014) The Equal Protection Clause prohibits peremptory strikes to dismiss jurors based on their sexual orientation. This was the first holding by a
federal appeals court The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals fr ...
that classifications based on sexual orientation must be subjected to
heightened scrutiny Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous). In order t ...
. *''
Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protect ...
'', The Fourteenth Amendment requires a state to license a marriage between two people of the same sex with all the accompanying rights and responsibilities and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state. *'' Bostock v. Clayton County'', , '' R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission'', , and '' Altitude Express, Inc. v. Zarda'', , Title VII of the Civil Rights Act of 1964 protects employees against discrimination due to their sexual orientation or gender identity. The Supreme Court ruled under ''Bostock'' but the ruling covered all three cases.


Power of Congress to enforce civil rights

*''
Civil Rights Cases The ''Civil Rights Cases'', 109 U.S. 3 (1883), were a group of five landmark cases in which the Supreme Court of the United States held that the Thirteenth and Fourteenth Amendments did not empower Congress to outlaw racial discrimination by pr ...
'', Neither the
Thirteenth In music or music theory, a thirteenth is the note thirteen scale degrees from the root of a chord and also the interval between the root and the thirteenth. The interval can be also described as a compound sixth, spanning an octa ...
nor the Fourteenth Amendment empower
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
to safeguard blacks against the actions of private individuals. *'' Heart of Atlanta Motel, Inc. v. United States'', The Civil Rights Act of 1964 applies to places of public accommodation patronized by interstate travelers by reason of the
Commerce Clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
. *''
Katzenbach v. McClung ''Katzenbach v. McClung'', 379 U.S. 294 (1964), was a landmark decision of the US Supreme Court which unanimously held that Congress acted within its power under the Commerce Clause of the United States Constitution in forbidding racial discriminat ...
'', The power of
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
to regulate interstate commerce extends to a restaurant that is not patronized by interstate travelers but which serves food that has moved in interstate commerce. This ruling makes the Civil Rights Act of 1964 apply to virtually all businesses. *'' South Carolina v. Katzenbach'', The Voting Rights Act of 1965 is a valid exercise of Congress's power under Section 2 of the Fifteenth Amendment. *'' Katzenbach v. Morgan'',
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
may enact laws stemming from Section 5 of the Fourteenth Amendment that increase the rights of citizens beyond what the judiciary has recognized. *''
Jones v. Alfred H. Mayer Co. ''Jones v. Alfred H. Mayer Co.'', 392 U.S. 409 (1968), is a landmark United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate ...
'', Section 1982, part of the Civil Rights Act of 1866, is constitutional under the Thirteenth Amendment and prohibits all
racial discrimination Racial discrimination is any discrimination against any individual on the basis of their skin color, race or ethnic origin.Individuals can discriminate by refusing to do business with, socialize with, or share resources with people of a certain g ...
in the sale or rental of property. *''
City of Boerne v. Flores ''City of Boerne v. Flores'', 521 U.S. 507 (1997), was a landmark decision of the Supreme Court of the United States concerning the scope of Congress's power of enforcement under Section 5 of the Fourteenth Amendment. The case also had a signific ...
'', Section 5 of the Fourteenth Amendment does not permit
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
to substantially increase the scope of the rights determined by the judiciary. Congress may only enact remedial or preventative measures that are consistent with the Fourteenth Amendment interpretations of the Supreme Court. *'' Shelby County v. Holder'', Section 4(b) of the Voting Rights Act of 1965, which contains the coverage formula that determines which state and local jurisdictions are subjected to federal preclearance from the
Department of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
before implementing any changes to their voting laws or practices based on their histories of racial discrimination in voting, is unconstitutional because it no longer reflects current societal conditions.


Immunity from civil rights violations

* '' Monroe v. Pape,'' While municipalities can not be liable under the
Civil Rights Act of 1871 The Enforcement Act of 1871 (), also known as the Ku Klux Klan Act, Third Enforcement Act, Third Ku Klux Klan Act, Civil Rights Act of 1871, or Force Act of 1871, is an Act of the United States Congress which empowered the President to suspend ...
, individuals acting “under color of law” can be sued for damages for denying the constitutional rights of individuals. (overruled in ''Monell v. Department of Social Services of the City of New York'', 436 U.S. 658 (1978) (in part)) *'' Pierson v. Ray,'' Police officers are protected from being sued for civil rights violations under
Section 1983 The Enforcement Act of 1871 (), also known as the Ku Klux Klan Act, Third Enforcement Act, Third Ku Klux Klan Act, Civil Rights Act of 1871, or Force Act of 1871, is an Act of the United States Congress which empowered the President to suspend ...
by the doctrine of
qualified immunity In the United States, qualified immunity is a legal principle that grants government officials performing discretionary (optional) functions immunity from civil suits unless the plaintiff shows that the official violated "clearly established statu ...
. * ''
Stump v. Sparkman ''Stump v. Sparkman'', 435 U.S. 349 (1978), is the leading United States Supreme Court decision on judicial immunity. It involved an Indiana judge who was sued by a young woman who had been sterilized without her knowledge as a minor in accorda ...
,'' A judge will not be deprived of
judicial immunity Judicial immunity is a form of sovereign immunity, which protects judges and others employed by the judiciary from liability resulting from their judicial actions. Though judges have immunity from lawsuit, in constitutional democracies judicial m ...
because the action he took was in error, was done maliciously, or was in excess of his authority. He will be subject to liability only when he has acted in the clear absence of all jurisdiction. *'' Monell v. Department of Social Services of the City of New York,'' Municipalities can be held liable for violations of Constitutional rights through 42 U.S.C. § 1983 actions. §1983 claims against municipal entities must be based on implementation of a policy or custom. * '' Harris v. Harvey'', 605 F.2d 330 (7th Cir. 1979) The
Seventh Circuit The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts: * Central District of Illinois * Northern District of Ill ...
established that a judge engaging in acts of public defamation inspired by
racial prejudice Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism ...
is not protected by
judicial immunity Judicial immunity is a form of sovereign immunity, which protects judges and others employed by the judiciary from liability resulting from their judicial actions. Though judges have immunity from lawsuit, in constitutional democracies judicial m ...
and therefore a civil lawsuit against a judge can be brought under the
Civil Rights Act Civil Rights Act may refer to several acts of the United States Congress, including: * Civil Rights Act of 1866, extending the rights of emancipated slaves by stating that any person born in the United States regardless of race is an American ci ...
(42 U.S.C. § 1983). *'' Will v. Michigan Department of State Police,'' Neither States nor state officials acting in their official capacities are "persons" within the meaning of 42 U.S.C. § 1983 when being sued for monetary damages.


Birth control and abortion

*''
Griswold v. Connecticut ''Griswold v. Connecticut'', 381 U.S. 479 (1965), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects the liberty of married couples to buy and use contraceptives withou ...
'', A Connecticut law that criminalizes the use of
contraception Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
by married couples is unconstitutional because all Americans have a constitutionally protected
right to privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 194 ...
. *'' Eisenstadt v. Baird'', A Massachusetts law that criminalizes the use of contraception by unmarried couples violates the right to privacy established in ''Griswold'' as well as the Equal Protection Clause of the Fourteenth Amendment. *''
Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and s ...
'', Laws that restrict a woman's ability to have an
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
prior to viability are unconstitutional. Most restrictions during the first trimester are prohibited, and only health-related restrictions are permitted during the second trimester (partially overruled by ''Planned Parenthood v. Casey'' (1992) and fully overruled by ''
Dobbs v. Jackson Women's Health Organization ''Dobbs v. Jackson Women's Health Organization'', , is a landmark decision of the U.S. Supreme Court in which the court held that the Constitution of the United States does not confer a right to abortion. The court's decision overruled both ''R ...
'' (2022)). *'' Carey v. Population Services International'', Laws that restrict the sale, distribution, and advertisement of contraceptives to both adults and minors are unconstitutional. *'' Planned Parenthood v. Casey'', A woman is still able to have an abortion before viability, but several restrictions are now permitted during the first trimester. The strict trimester framework of ''Roe'' is discarded and replaced with the more flexible "
undue burden The undue burden standard is a constitutional test fashioned by the Supreme Court of the United States. The test, first developed in the late 20th century, is widely used in American constitutional law. In short, the undue burden standard states ...
" test (overruled by ''Dobbs v. Jackson Women's Health Organization'' (2022)). *''
Stenberg v. Carhart ''Stenberg v. Carhart'', 530 U.S. 914 (2000), was a landmark decision of the US Supreme Court dealing with a Nebraska law which made performing " partial-birth abortion" illegal, without regard for the health of the mother. Nebraska physicians wh ...
'', Laws that ban partial-birth abortion are unconstitutional if they do not make an exception for the woman's health or if they cannot be reasonably construed to apply only to the partial-birth abortion procedure and not to other abortion methods. *''
Gonzales v. Carhart ''Gonzales v. Carhart'', 550 U.S. 124 (2007), was a landmark decision of the U.S. Supreme Court that upheld the Partial-Birth Abortion Ban Act of 2003. The case reached the high court after U.S. Attorney General, Alberto Gonzales, appealed a rul ...
'', The
Partial-Birth Abortion Ban Act of 2003 The Partial-Birth Abortion Ban Act of 2003 (, ,
''(HTML)''; *
is constitutional because it is less ambiguous than the law that was struck down in ''Stenberg''. It is not vague or overbroad, and it does not impose an
undue burden The undue burden standard is a constitutional test fashioned by the Supreme Court of the United States. The test, first developed in the late 20th century, is widely used in American constitutional law. In short, the undue burden standard states ...
on a woman's right to choose to have an abortion. *'' Burwell v. Hobby Lobby Stores, Inc.'', Closely held, for-profit corporations have free exercise rights under the Religious Freedom Restoration Act of 1993. As applied to such corporations, the requirement of the Patient Protection and Affordable Care Act that employers provide their female employees with no-cost access to
contraception Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
violates the
Religious Freedom Restoration Act The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488 (November 16, 1993), codified at through (also known as RFRA, pronounced "rifra"), is a 1993 United States federal law that "ensures that interests in religiou ...
. *''
Whole Woman's Health v. Hellerstedt ''Whole Woman's Health v. Hellerstedt'', 579 U.S. 582 (2016), was a landmark decision of the US Supreme Court decided on June 27, 2016. The Court ruled 5–3 that Texas cannot place restrictions on the delivery of abortion services that create a ...
'', A Texas law that requires abortion providers to have admitting privileges at a hospital within 30 miles and to meet the same standards as ambulatory surgical centers places a substantial obstacle in the path of a woman seeking a pre-viability abortion, constitutes an
undue burden The undue burden standard is a constitutional test fashioned by the Supreme Court of the United States. The test, first developed in the late 20th century, is widely used in American constitutional law. In short, the undue burden standard states ...
on abortion access, and thus violates the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
. *''
Dobbs v. Jackson Women's Health Organization ''Dobbs v. Jackson Women's Health Organization'', , is a landmark decision of the U.S. Supreme Court in which the court held that the Constitution of the United States does not confer a right to abortion. The court's decision overruled both ''R ...
'', The constitution does not provide for abortion protections, overruling both ''
Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and s ...
'' and '' Planned Parenthood v. Casey''.


End of life

*'' Cruzan v. Director, Missouri Department of Health'', When a family has requested the termination of life-sustaining treatments for their vegetative relative, the state may constitutionally oppose this request if there is a lack of evidence of a clear earlier wish by said relative. *'' Washington v. Glucksberg'',
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
's prohibition on assisted suicide is constitutional. *'' Vacco v. Quill'', New York's prohibition on assisted suicide does not violate the Equal Protection Clause. *''
Gonzales v. Oregon ''Gonzales v. Oregon'', 546 U.S. 243 (2006), was a landmark decision of the US Supreme Court which ruled that the United States Attorney General cannot enforce the federal Controlled Substances Act against physicians who prescribed drugs, in com ...
'', The Controlled Substances Act does not prevent physicians from being able to prescribe the drugs needed to perform assisted suicides under state law.


Citizenship

*'' United States v. Wong Kim Ark'', With only a few narrow exceptions, every person born in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
acquires United States
citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
at birth via the
Citizenship Clause The Citizenship Clause is the first sentence of the Fourteenth Amendment to the United States Constitution, which was adopted on July 9, 1868, which states: This clause reversed a portion of the ''Dred Scott v. Sandford'' decision, which had d ...
of the Fourteenth Amendment. *''
Afroyim v. Rusk ''Afroyim v. Rusk'', 387 U.S. 253 (1967), was a landmark decision of the Supreme Court of the United States, which ruled that citizens of the United States may not be deprived of their citizenship involuntarily. The U.S. government had attemp ...
'', The right of citizenship is protected by the Citizenship Clause of the Fourteenth Amendment.
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
has no power under the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
to revoke a person's United States citizenship unless the person voluntarily relinquishes it.


Freedom of movement

*'' Crandall v. Nevada'', Freedom of movement between states is a fundamental right; a state cannot inhibit people from leaving it by imposing a tax on doing so. *'' United States v. Wheeler'', The
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
grants to the states the power to prosecute individuals for wrongful interference with the right to travel. *'' Edwards v. California'', A state cannot prohibit indigent people from moving into it. *'' Kent v. Dulles'', The right to travel is a part of the "liberty" of which the citizen cannot be deprived without due process of law under the Fifth Amendment. *'' Aptheker v. Secretary of State'', Section 6 of the Subversive Activities Control Act of 1950, which makes it a crime for any member of a communist organization to attempt to use or obtain a passport, is an unconstitutional abridgment of the right to travel. *''
United States v. Guest ''United States v. Guest'', 383 U.S. 745 (1966), was a List of landmark court decisions in the United States, landmark decision of the US Supreme Court authored by Justice Potter Stewart, in which the court extended the protection of the Fourteent ...
'', There is a constitutional right to travel from state to state, and the protections of the Fourteenth Amendment extend to citizens who suffer deprivations of their rights at the hands of a private conspiracy where there is state participation in the conspiracy, no matter how minimal. *''
Shapiro v. Thompson ''Shapiro v. Thompson'', 394 U.S. 618 (1969), was a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States that invalidated state durational residency requirements for public assistance ...
'', The fundamental right to travel and the Equal Protection Clause forbid a state from reserving welfare benefits only for persons that have resided in the state for at least one year. *''
Saenz v. Roe ''Sáenz v. Roe'', 526 U.S. 489 (1999), was a landmark case in which the Supreme Court of the United States discussed whether there is a constitutional right to travel from one state to another. The case was a reaffirmation of the principle that c ...
'', A California law that limits new residents' benefits for the first year they live in the state is an unconstitutional violation of their right to travel.


Restrictions on involuntary commitment

*'' Jackson v. Indiana'', A state violates due process by involuntarily committing a criminal defendant for an indefinite period of time solely on the basis of his or her permanent incompetency to stand trial on the charges filed against him or her. *'' O'Connor v. Donaldson'', A state cannot constitutionally confine a non-dangerous individual who is capable of surviving safely in freedom by themselves or with the help of willing and responsible family members or friends. *'' Addington v. Texas'',
Clear and convincing evidence In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts ...
is required by the Fourteenth Amendment in a civil proceeding brought under state law to commit an individual involuntarily for an indefinite period to a state mental hospital. *'' Youngberg v. Romeo'', Involuntarily committed residents have protected liberty interests under the Due Process Clause to reasonably safe conditions of confinement, freedom from unreasonable bodily restraints, and such minimally adequate training as reasonably may be required by these interests.


Public health and safety

*'' Compagnie Francaise de Navigation a Vapeur v. Louisiana Board of Health'', A state's police power to enforce quarantine laws extends to restricting the movements of uninfected individuals. *'' Jacobson v. Massachusetts,'' Individual liberty is not absolute, and a state's police power must be held to embrace at least such reasonable regulations established directly by legislative enactment to protect public health and safety, which extends to
compulsory vaccination A vaccination policy is a health policy adopted in order to prevent the spread of infectious disease. These policies are generally put into place by State or local governments, but may also be set by private facilities, such as workplaces or sc ...
laws. *'' Zucht v. King,'' School districts can constitutionally exclude unvaccinated students. *''
Prince v. Massachusetts ''Prince v. Massachusetts'', 321 U.S. 158 (1944), was a case in which the Supreme Court of the United States held that the government has broad authority to regulate the actions and treatment of children. Parental authority is not absolute and ca ...
,'' States have broad authority to regulate the actions and treatment of children. Parental authority is not absolute and can be permissibly restricted if doing so is in the interests of a child's welfare. While children share many of the rights of adults, they face different potential harms from similar activities. Compulsory vaccination is an example of a fundamental police power. *''
Buck v. Bell ''Buck v. Bell'', 274 U.S. 200 (1927), is a decision of the United States Supreme Court, written by Justice Oliver Wendell Holmes, Jr., in which the Court ruled that a state statute permitting compulsory sterilization of the unfit, including th ...
'' State statutes permitting
compulsory sterilization Compulsory sterilization, also known as forced or coerced sterilization, is a government-mandated program to involuntarily sterilize a specific group of people. Sterilization removes a person's capacity to reproduce, and is usually done throug ...
of the unfit, including the
intellectually disabled Intellectual disability (ID), also known as general learning disability in the United Kingdom and formerly mental retardation, Rosa's Law, Pub. L. 111-256124 Stat. 2643(2010). is a generalized neurodevelopmental disorder characterized by signifi ...
, "for the protection and health of the state" did not violate the Due Process Clause of the Fourteenth Amendment. (partially overruled by '' Skinner v. Oklahoma'' (1942) and fully by the
Americans with Disabilities Act of 1990 The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, ...
)


Other areas

*''
Corfield v. Coryell ''Corfield v. Coryell'' (6 Fed. Cas. 546, no. 3,230 C.C.E.D.Pa. 1823) was a landmark decision decided by Justice Bushrod Washington, sitting as a judge for the U.S. Circuit Court for the Eastern District of Pennsylvania. In it, he upheld a New ...
'', '
6 Fed. Cas. 546 (C.C.E.D. Pa. 1823)
'' Some of the rights protected by the
Privileges and Immunities Clause The Privileges and Immunities Clause ( U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate ...
include the freedom of movement through the states, the right of access to the courts, the right to purchase and hold
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
, an exemption from higher taxes than those paid by state residents, and the
right to vote Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
. This case was decided by Supreme Court Justice
Bushrod Washington Bushrod Washington (June 5, 1762 – November 26, 1829) was an American attorney and politician who served as Associate Justice of the Supreme Court of the United States from 1798 to 1829. On the Supreme Court, he was a staunch ally of Ch ...
while riding circuit in the Circuit Court for the Eastern District of Pennsylvania. It is notable for Washington asserting the existence of cognizable rights within the ambit of the
Privileges and Immunities Clause The Privileges and Immunities Clause ( U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate ...
that are nowhere within the Constitution's text. *'' Ex parte Milligan'', Trying citizens in
military courts Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct b ...
is unconstitutional when civilian courts are still operating. Trial by military tribunal is constitutional only when there is no power left but the
military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
, and the military may validly try criminals only as long as is absolutely necessary. *'' Reid v. Covert'',
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
citizens abroad, even when associated with the
military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
, cannot be deprived of the protections of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
and cannot be made subject to military jurisdiction.


Criminal law


Fourth Amendment rights

*'' Weeks v. United States'',
Exclusionary rule In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be consider ...
, under which evidence obtained in violation of the Constitution cannot be admitted at trial, formulated for federal prosecutions. *''
Silverthorne Lumber Co. v. United States ''Silverthorne Lumber Co. v. United States'', 251 U.S. 385 (1920), was a U.S. Supreme Court Case in which Silverthorne attempted to evade paying taxes. Federal agents illegally seized tax books from Silverthorne and created copies of the records. ...
'', All evidence developed and obtained based on evidence obtained unconstitutionally is "
fruit of the poisonous tree Fruit of the poisonous tree is a legal metaphor used to describe evidence that is obtained illegally. The logic of the terminology is that if the source (the "tree") of the evidence or evidence itself is tainted, then anything gained (the "fruit") ...
" and cannot be used at trial. *'' Mapp v. Ohio'', Exclusionary rule applied to state prosecutions. *''
Schmerber v. California ''Schmerber v. California'', 384 U.S. 757 (1966), was a landmark United States Supreme Court case in which the Court clarified the application of the Fourth Amendment's protection against warrantless searches and the Fifth Amendment right agai ...
'', The application of the Fourth Amendment's protection against warrantless searches and the Fifth Amendment privilege against self incrimination to searches that intrude into the human body means that police may not conduct warrantless blood testing on suspects absent an emergency that justifies acting without a warrant. *''
Katz v. United States ''Katz v. United States'', 389 U.S. 347 (1967), was a landmark decision of the U.S. Supreme Court in which the Court redefined what constitutes a "search" or "seizure" with regard to the protections of the Fourth Amendment to the U.S. Constituti ...
'', The Fourth Amendment's ban on unreasonable
searches and seizures Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscat ...
applies to all places where an individual has a "reasonable
expectation of privacy Expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution. It is related to, but is not the same as, a ''right to privac ...
." *''
Terry v. Ohio ''Terry v. Ohio'', 392 U.S. 1 (1968), was a landmark U.S. Supreme Court decision in which the Court ruled that it is constitutional for American police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime. Sp ...
'', Police may stop a person if they have a
reasonable suspicion Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch; it must be based on "specif ...
that the person has committed or is about to commit a crime and frisk the suspect for weapons if they have a reasonable suspicion that the suspect is armed and dangerous without violating the Fourth Amendment. *'' Mancusi v. DeForte'', The privacy rights defined in ''Katz'' extend to the workplace. *'' Bivens v. Six Unknown Named Agents'', Individuals may sue federal government officials who have violated their Fourth Amendment rights even though such a suit is not authorized by law. The existence of a remedy for the violation is implied from the importance of the right that is violated. *'' United States v. United States District Court for the Eastern District of Michigan'', Government officials must obtain a warrant before beginning electronic surveillance even if domestic security issues are involved. The "inherent vagueness of the domestic security concept" and the potential for abusing it to quell political dissent make the Fourth Amendment's protections especially important when the government spies on its own citizens. *''
Illinois v. Gates ''Illinois v. Gates'', 462 U.S. 213 (1983), is a Fourth Amendment case. ''Gates'' overruled '' Aguilar v. Texas'' and ''Spinelli v. United States'', thereby replacing the Aguilar–Spinelli test for probable cause with the "totality of the circum ...
'', The totality of the circumstances, rather than a rigid test, must be used in finding
probable cause In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition o ...
under the Fourth Amendment. *'' New Jersey v. T. L. O.'', The Fourth Amendment's ban on unreasonable searches applies to those conducted by public school officials as well as those conducted by law enforcement personnel, but public school officials can use the less strict standard of
reasonable suspicion Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch; it must be based on "specif ...
instead of probable cause. *'' O'Connor v. Ortega'', In the absence of reasonable workplace policy to the contrary, the Fourth Amendment applies to searches of public employees, their belongings or workplaces by their superiors if done with reasonable suspicion for administrative reasons. *'' Vernonia School District 47J v. Acton'', Schools may implement random drug testing upon students participating in school-sponsored athletics. *''
Ohio v. Robinette ''Ohio v. Robinette'', 519 U.S. 33 (1996), was a Supreme Court of the United States, United States Supreme Court case in which the Court held that the Fourth Amendment to the United States Constitution, Fourth Amendment does not require police off ...
'', The Fourth Amendment does not require police officers to inform a motorist at the end of a traffic stop that they are free to go before seeking permission to search the motorist's car. *'' Board of Education v. Earls'', Coercive drug testing imposed by
school district A school district is a special-purpose district that operates local public primary and secondary schools in various nations. North America United States In the U.S, most K–12 public schools function as units of local school districts, wh ...
s upon students who participate in extracurricular activities does not violate the Fourth Amendment. *''
Georgia v. Randolph ''Georgia v. Randolph'', 547 U.S. 103 (2006), is a case in which the Supreme Court of the United States, U.S. Supreme Court held that without a search warrant, police had no constitutional right to search a house where one resident Consent searches ...
'', Police cannot conduct a warrantless search in a home where one occupant consents and the other objects. *'' In re Directives'', (2008) According to the
United States Foreign Intelligence Surveillance Court of Review The United States Foreign Intelligence Surveillance Court of Review (FISCR) is a U.S. federal court whose sole purpose is to review denials of applications for electronic surveillance warrants (called FISA warrants) by the United States Foreign ...
, an exception to the Fourth Amendment’s warrant requirement exists when surveillance is conducted to obtain foreign intelligence for national security purposes and is directed against foreign powers or agents of foreign powers reasonably believed to be located outside the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. *'' United States v. Jones'', Attaching a
GPS The Global Positioning System (GPS), originally Navstar GPS, is a satellite-based radionavigation system owned by the United States government and operated by the United States Space Force. It is one of the global navigation satellite sy ...
device to a vehicle and then using the device to monitor the vehicle's movements constitutes a search under the Fourth Amendment. *'' Riley v. California'', Police must obtain a warrant in order to search digital information on a cell phone seized from an individual who has been arrested. *'' Carpenter v. United States'', Government acquisition of cell-site records is a Fourth Amendment search, and, thus, generally requires a warrant.


Right to counsel

*'' Powell v. Alabama'', Under the Due Process Clause of the 14th Amendment, a state must inform illiterate defendants charged with a capital crime that they have a right to be represented by counsel and must appoint counsel for defendants who cannot afford to hire a lawyer and give counsel adequate time to prepare for trial. *'' Glasser v. United States'', A defense lawyer's conflict of interest arising from a simultaneous representation of codefendants violates the
Assistance of Counsel Clause The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: ''"In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defence."'' The assistance of counse ...
of the Sixth Amendment. *''
Betts v. Brady ''Betts v. Brady'', 316 U.S. 455 (1942), was a landmark United States Supreme Court case that denied counsel to indigent defendants prosecuted by a state. The reinforcement that such a case is not to be reckoned as denial of fundamental due proce ...
'', Indigent defendants may be denied counsel when prosecuted by a state (overruled by ''Gideon v. Wainwright'' (1963)). *''
Gideon v. Wainwright ''Gideon v. Wainwright'', 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable ...
'', All defendants have the right to an attorney and must be provided one by the state if they are unable to afford legal counsel. *'' Escobedo v. Illinois'', A person in police custody has the right to speak to an attorney. *''
Miranda v. Arizona ''Miranda v. Arizona'', 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to ...
'', Police must advise criminal suspects of their rights under the Constitution to remain silent, to consult with a lawyer, and to have one appointed to them if they are indigent. A police interrogation must stop if the suspect states that he or she wishes to remain silent. *'' In re Gault'', Juvenile defendants are protected under the Due Process Clause of the Fourteenth Amendment. *'' Michigan v. Jackson'', If a police interrogation begins after a defendant asserts his or her
right to counsel In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal exp ...
at an arraignment or similar proceeding, then any waiver of that right for that police-initiated interrogation is invalid (overruled by ''Montejo v. Louisiana'' (2009)). *'' Montejo v. Louisiana'', A defendant may waive his or her right to counsel during a police interrogation even if the interrogation begins after the defendant's assertion of his or her right to counsel at an arraignment or similar proceeding.


Other rights regarding counsel

*'' Strickland v. Washington'', To obtain relief due to
ineffective assistance of counsel In United States law, ineffective assistance of counsel (IAC) is a claim raised by a convicted criminal defendant asserting that the defendant's legal counsel performed so ineffectively that it deprived the defendant of the constitutional right gua ...
, a criminal defendant must show that counsel's performance fell below an objective standard of reasonableness and that counsel's deficient performance gives rise to a reasonable probability that, if counsel had performed adequately, the result of the proceeding would have been different. *'' Padilla v. Kentucky'', Criminal defense attorneys are duty-bound to inform clients of the risk of
deportation Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation ...
under three circumstances. First, where the law is unambiguous, attorneys must advise their criminal clients that deportation "will" result from a conviction. Second, where the immigration consequences of a conviction are unclear or uncertain, attorneys must advise that deportation "may" result. Finally, attorneys must give their clients some advice about deportation—counsel cannot remain silent about immigration consequences.


Right to remain silent

*'' Berghuis v. Thompkins'', The
right to remain silent The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the worl ...
does not exist unless a suspect invokes it unambiguously. *''
Salinas v. Texas ''Berghuis v. Thompkins'', 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court considered the position of a suspect who understands their right to remain silent under ''Miranda v. Arizona'' an ...
'', The Fifth Amendment's protection against
self-incrimination In criminal law, self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or another ersonin a criminal prosecution or the danger thereof". (Self-incrimination ...
does not protect an individual's refusal to answer questions asked by law enforcement before he or she has been arrested or given the
Miranda warning In the United States, the ''Miranda'' warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection f ...
. A witness cannot invoke the privilege by simply standing mute; he or she must expressly invoke it.


Competence

*'' Dusky v. United States'', A defendant has the right to a competency evaluation before proceeding to trial. *''
Rogers v. Okin Rogers v. Okin was a landmark case in which the United States Court of Appeals for the First Circuit considered whether a person diagnosed with mental illness committed to a state psychiatric facility and assumed to be competent, has the right to ...
'', 478 F. Supp. 1342 (D. Mass. 1979) The competence of a committed patient is presumed until he or she is adjudicated incompetent. *''
Ford v. Wainwright ''Ford v. Wainwright'', 477 U.S. 399 (1986), was a Lists of United States Supreme Court cases, landmark Supreme Court of the United States, U.S. Supreme Court case that upheld the common law rule that the insane cannot be Capital punishment in the ...
'', A defendant has the right to a competency evaluation before being executed. *'' Godinez v. Moran'', A defendant who is competent to stand trial is automatically competent to plead guilty or waive the right to legal counsel. *''
Sell v. United States ''Sell v. United States'', 539 U.S. 166 (2003), is a decision in which the United States Supreme Court imposed stringent limits on the right of a lower court to order the forcible administration of antipsychotic medication to a criminal defendan ...
'', The Supreme Court laid down four criteria for cases involving the involuntary administration of medication to an incompetent pretrial defendant. *'' Kahler v. Kansas'', 589 U.S. ___ (2020) The Constitution's Due Process Clause does not necessarily compel the acquittal of any defendant who, because of mental illness, could not tell right from wrong when committing their crime.


Detention of terrorism suspects

*'' Rasul v. Bush'', The federal court system has the authority to decide if
foreign national A foreign national is any person (including an organization) who is not a national of a specific country. ("The term 'person' means an individual or an organization.") For example, in the United States and in its territories, a foreign national ...
s held at Guantanamo Bay were wrongfully imprisoned. *''
Hamdi v. Rumsfeld ''Hamdi v. Rumsfeld'', 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens m ...
'', The federal government has the power to detain those it designates as
enemy combatant Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case ...
s, including United States citizens, but detainees that are United States citizens must have the rights of due process and the ability to challenge their enemy combatant status before an impartial authority. *''
Hamdan v. Rumsfeld ''Hamdan v. Rumsfeld'', 548 U.S. 557 (2006), is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Mili ...
'', The military commissions set up by the Bush administration to try detainees at Guantanamo Bay detention camp are illegal because they lack the protections that are required by the
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conve ...
and the
Uniform Code of Military Justice The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitutio ...
. *''
Boumediene v. Bush ''Boumediene v. Bush'', 553 U.S. 723 (2008), was a writ of ''habeas corpus'' submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by ...
'', Foreign terrorism suspects held at Guantanamo Bay have the constitutional right to challenge their detention in United States courts.


Capital punishment

*''
Louisiana ex rel. Francis v. Resweber __NOTOC__ ''Louisiana ex rel. Francis v. Resweber'', 329 U.S. 459 (1947), is a case in which the U.S. Supreme Court was asked whether imposing capital punishment (the electric chair) a second time, after it failed in an attempt to execute Willie F ...
'', A condemned person does not suffer double jeopardy when he is executed again after the failure of the first attempt. *''
Furman v. Georgia ''Furman v. Georgia'', 408 U.S. 238 (1972), was a landmark criminal case in which the United States Supreme Court invalidated all then existing legal constructions for the death penalty in the United States. It was 5–4 decision, with each memb ...
'', The arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth
Amendments An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. The ...
and constitutes cruel and unusual punishment. This decision initiates a nationwide ''de facto'' moratorium on executions that lasts until the Supreme Court's decision in ''Gregg v. Georgia'' (1976). *''
Gregg v. Georgia ''Gregg v. Georgia'', ''Proffitt v. Florida'', ''Jurek v. Texas'', ''Woodson v. North Carolina'', and ''Roberts v. Louisiana'', 428 U.S. 153 (1976), is a landmark decision of the U.S. Supreme Court. It reaffirmed the Court's acceptance of the use ...
'',
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
's new death penalty statute is constitutional because it adequately narrows the class of defendants eligible for the death penalty. This case and the next four cases were consolidated and decided simultaneously. By evaluating the new death penalty statutes that had been passed by the states, the Supreme Court ended the moratorium on executions that began with its decision in ''Furman v. Georgia'' (1972). *''
Proffitt v. Florida ''Gregg v. Georgia'', ''Proffitt v. Florida'', ''Jurek v. Texas'', ''Woodson v. North Carolina'', and ''Roberts v. Louisiana'', 428 U.S. 153 (1976), is a landmark decision of the U.S. Supreme Court. It reaffirmed the Court's acceptance of the us ...
'',
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
's new death penalty statute is constitutional because it requires the comparison of aggravating factors to
mitigating factor In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sente ...
s in order to impose a death sentence. *'' Jurek v. Texas'',
Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...
's new death penalty statute is constitutional because it uses a three-part test to determine if a death sentence should be imposed. *'' Woodson v. North Carolina'',
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and ...
's new death penalty statute is unconstitutional because it calls for a mandatory death sentence to be imposed. *'' Roberts v. Louisiana'',
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
's new death penalty statute is unconstitutional because it calls for a mandatory death sentence for a large range of crimes. *'' Coker v. Georgia'', A death sentence may not be imposed for the crime of
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
. *'' Enmund v. Florida'', A death sentence may not be imposed on offenders who are involved in a
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
during which a murder is committed but who do not actually kill, attempt to kill, or intend that a killing take place. *''
Ford v. Wainwright ''Ford v. Wainwright'', 477 U.S. 399 (1986), was a Lists of United States Supreme Court cases, landmark Supreme Court of the United States, U.S. Supreme Court case that upheld the common law rule that the insane cannot be Capital punishment in the ...
'', A death sentence may not be imposed on defendants who are deemed to be legally insane. *''
Tison v. Arizona ''Tison v. Arizona'', 481 U.S. 137 (1987), is a United States Supreme Court case in which the Court qualified the rule it set forth in '' Enmund v. Florida'' (1982). Just as in ''Enmund'', in ''Tison'' the Court applied the proportionality princ ...
'', The death penalty is an appropriate punishment for a felony murderer who did not intend to cause the death, but was a major participant in the underlying felony and exhibited a reckless indifference to human life. *'' McCleskey v. Kemp'', Evidence of a "racially-disproportionate impact" in the application of the death penalty indicated by a comprehensive scientific study is not enough to invalidate an individual's death sentence without showing a "racially discriminatory purpose." *'' Breard v. Greene'', The
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
does not have jurisdiction in
capital punishment Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
cases that involve
foreign national A foreign national is any person (including an organization) who is not a national of a specific country. ("The term 'person' means an individual or an organization.") For example, in the United States and in its territories, a foreign national ...
s. *'' Atkins v. Virginia'', A death sentence may not be imposed on
mentally retarded Intellectual disability (ID), also known as general learning disability in the United Kingdom and formerly mental retardation,Rosa's Law, Pub. L. 111-256124 Stat. 2643(2010). is a generalized neurodevelopmental disorder characterized by signifi ...
offenders, but the states can define what it means to be mentally retarded. *'' Roper v. Simmons'', A death sentence may not be imposed on juvenile offenders. *'' Baze v. Rees'', The three-drug cocktail used for performing executions by lethal injection in
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia ...
(as well as virtually all of the states using lethal injection at the time) is constitutional under the Eighth Amendment. *''
Kennedy v. Louisiana ''Kennedy v. Louisiana'', 554 U.S. 407 (2008), is a landmark decision by the Supreme Court of the United States that held that the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits imposing the death penalty for the rape of a chi ...
'', The death penalty is unconstitutional in all cases that do not involve homicide or crimes against the state such as
treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
. *'' Glossip v. Gross'', The Eighth Amendment requires prisoners to show 1.) there is a known and available alternative method of execution and 2.) the challenged method of execution poses a demonstrated risk of severe pain, with the burden of proof resting on the prisoners, not the state. *'' Bucklew v. Precythe'', 587 U.S. ___ (2019), '' Baze v. Rees'' and '' Glossip v. Gross'' govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain. When a convict sentenced to death challenges the State's method of execution due to claims of excessive pain, the convict must show that other alternative methods of execution exist and clearly demonstrate they would cause less pain than the state-determined one.


Other criminal sentences

*'' Morrissey v. Brewer'', The Supreme Court extended Fourteenth Amendment due process protection to the
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
revocation process, hold that the due process clause of the Fourteenth Amendment requires a "neutral and detached" hearing body such as a
parole board A parole board is a panel of people who decide whether an offender should be released from prison on parole after serving at least a minimum portion of their sentence as prescribed by the sentencing judge. Parole boards are used in many jurisdiction ...
to give an evidentiary hearing prior to revoking the parole of a defendant and spelled out the minimum due process requirements for the revocation hearing. *'' Gagnon v. Scarpelli'', The Supreme Court issued a substantive ruling regarding the rights of individuals in violation of a
probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
or
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
sentence. It held that a previously sentenced probationer is entitled to a hearing when his probation is revoked. More specifically the Supreme Court held that a preliminary and final revocation of probation hearings are required by Due Process; the judicial body overseeing the revocation hearings shall determine if the probationer or parolee requires counsel; denying representation of counsel must be documented in the record of the Court. *'' Wolff v. McDonnell'', In administrative proceedings regarding discipline, prisoners retain some of their due process rights. When a prison disciplinary hearing might result in the loss of good-time credits, due process requires that the prison notify the prisoner in advance of the hearing, afford him an opportunity to call witnesses and present documentary evidence in his defense, and furnish him with a written statement of the evidence relied on and the reason for the disciplinary action. *'' Bearden v. Georgia'', A sentencing court cannot properly revoke a defendant's probation for failure to pay a fine and make restitution, absent evidence and findings that he was somehow responsible for the failure or that alternative forms of punishment were inadequate to meet the State's interest in punishment and deterrence. *'' Apprendi v. New Jersey'', Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt. * '' Blakely v. Washington'', Mandatory state sentencing guidelines are the statutory maximum for purposes of applying the '' Apprendi'' rule. *''
Graham v. Florida ''Graham v. Florida'', 560 U.S. 48 (2010), was a decision by the Supreme Court of the United States holding that juvenile offenders cannot be sentenced to life imprisonment without parole for non-homicide offenses. In June 2012, in the related ...
'', A sentence of life imprisonment without the possibility of parole may not be imposed on juvenile non-homicide offenders. *'' Miller v. Alabama'', A sentence of life imprisonment without the possibility of parole may not be a mandatory sentence for juvenile offenders. *'' Ramos v. Louisiana'', The Sixth Amendment right to jury trial is read as requiring a unanimous verdict to convict a defendant of a serious offense and is an incorporated right to the states.


Other areas

*''
Hurtado v. California ''Hurtado v. California'', 110 U.S. 516 (1884),. was a landmark case decided by the United States Supreme Court that allowed state governments, as distinguished from the federal government, to avoid using grand juries in criminal prosecutions. ...
'',
State governments A state government is the government that controls a subdivision of a country in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, ...
, as distinguished from the federal government, need not use
grand juries A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
in criminal prosecutions. *''
Moore v. Dempsey ''Moore et al. v. Dempsey'', 261 U.S. 86 (1923), was a Supreme Court of the United States, United States Supreme Court case in which the Court ruled 6–2 that the defendants' mob-dominated trials deprived them of due process guaranteed by the Due ...
'',
Mob violence A riot is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people. Riots typically involve destruction of property, public or private. The property target ...
at criminal trials, such as those that followed the
Elaine Race Riot The Elaine massacre occurred on September 30–October 2, 1919 at Hoop Spur in the vicinity of Elaine in rural Phillips County, Arkansas. As many as several hundred African Americans and five white men were killed. Estimates of deaths made in ...
, is a violation of due process. First 20th-century case where the Court protected the rights of Blacks in the South, and one of its first to review a criminal conviction for constitutionality. *''
Sorrells v. United States ''Sorrells v. United States'', 287 U.S. 435 (1932), is a Supreme Court case in which the justices unanimously recognized the entrapment defense. However, while the majority opinion by Chief Justice Charles Evans Hughes located the key to entrapme ...
'', Entrapment is a valid defense to a criminal charge. *''
Brown v. Mississippi ''Brown v. Mississippi'', 297 U.S. 278 (1936), was a Supreme Court of the United States, United States Supreme Court case that ruled that a defendant's involuntary confession (legal), confession that is extracted by the police brutality, use of for ...
'', Confessions obtained through physical force and torture are inadmissible at trial. *'' Chambers v. Florida'', Confessions compelled by police through duress are inadmissible at trial. *'' United States v. Morgan'', The
writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
of
coram nobis A writ of ''coram nobis'' (also writ of error ''coram nobis'', writ of ''coram vobis'', or writ of error ''coram vobis'') is a legal order allowing a court to correct its original judgment upon discovery of a fundamental error that did not appear ...
is the proper application to request
federal Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
post-conviction
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
for those who have completed the conviction's incarceration in order to challenge the validity of a federal criminal conviction. *'' Thompson v. City of Louisville'', Criminal convictions are unconstitutional when no element of the offense has been proven. *''
Robinson v. California ''Robinson v. California'', 370 U.S. 660 (1962), is the first landmark decision of the United States Supreme Court in which the Eighth Amendment of the Constitution was interpreted to prohibit criminalization of particular acts or conduct, as cont ...
'', Besides ruling that the Cruel and Unusual Punishment Clause applies to the states the Supreme Court held that punishing a person for a medical condition is a violation of the Eighth Amendment ban on cruel and unusual punishment. *''
Brady v. Maryland ''Brady v. Maryland'', 373 U.S. 83 (1963), was a landmark United States Supreme Court case that established that the prosecution must turn over all evidence that might exonerate the defendant ( exculpatory evidence) to the defense.
'', The
prosecution A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
must turn over all evidence that might exonerate the defendant ( exculpatory evidence) to the defense. *''
Barker v. Wingo ''Barker v. Wingo'', 407 U.S. 514 (1972), was a United States Supreme Court case involving the Sixth Amendment to the U.S. Constitution, specifically the right of defendants in criminal cases to a speedy trial. The Court held that determination ...
'', The Supreme Court laid down a four-part case-by-case
balancing test A balancing test is any judicial test in which the jurists weigh the importance of multiple factors in a legal case. Proponents of such legal tests argue that they allow a deeper consideration of complex issues than a bright-line rule can allow. B ...
for determining whether the defendant's speedy trial right under the Sixth Amendment has been violated. *''
Crawford v. Washington ''Crawford v. Washington'', 541 U.S. 36 (2004), is a landmark United States Supreme Court decision that reformulated the standard for determining when the admission of hearsay statements in criminal cases is permitted under the Confrontation Claus ...
'', The Supreme Court held that the admission of "testimonial" hearsay in a criminal trial violates the defendant's Sixth Amendment right to confront the witnesses against him unless the declarant is unavailable to testify at trial and the defendant had a prior opportunity to cross-examine the declarant.


Election-related cases

*''
Bush v. Gore ''Bush v. Gore'', 531 U.S. 98 (2000), was a landmark decision of the United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W. Bush and Al Gore. On December 8, th ...
'', The recount of ballots in
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
during the 2000 presidential election violated the Equal Protection Clause because different standards of counting were used in the counties that were subjected to the recount. This decision effectively resolved the election in favor of the
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
nominee,
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
. *''
Chiafalo v. Washington ''Chiafalo v. Washington'', , was a United States Supreme Court case on the issue of "faithless electors" in the Electoral College stemming from the 2016 United States presidential election. The Court ruled unanimously, by a vote of 8–0, tha ...
'', States have the ability to require Presidential electors to vote for the candidate who wins the state's popular vote and to remove and/or punish electors who violate pledges to that effect. *''
Brnovich v. Democratic National Committee ''Brnovich v. Democratic National Committee'', 594 U.S. ___ (2021), was a United States Supreme Court case related to voting rights established by the Voting Rights Act of 1965 (VRA), and specifically the applicability of Section 2's general prov ...
'', Arizona's voting restrictions regarding provisional ballot counting do not violate Section 2 of the
Voting Rights Act The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement ...
.


Federalism

*''
Chisholm v. Georgia ''Chisholm v. Georgia'', 2 U.S. (2 Dall.) 419 (1793), is considered the first United States Supreme Court case of significance and impact. Since the case was argued prior to the formal pronouncement of judicial review by ''Marbury v. Madison'' (180 ...
'', The
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
prevents the states from exercising
sovereign immunity Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger ...
. Therefore, the states can be sued in federal court by citizens of other states. This decision was voided by the Eleventh Amendment in 1795, just two years after it was handed down. *'' Hylton v. United States'', A tax on the possession of goods is not a
direct tax Although the actual definitions vary between jurisdictions, in general, a direct tax or income tax is a tax imposed upon a person or property as distinct from a tax imposed upon a transaction, which is described as an indirect tax. There is a di ...
that must be apportioned among the states according to their populations. This case featured the first example of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
by the Supreme Court. *'' Ware v. Hylton'', A section of the
Treaty of Paris Treaty of Paris may refer to one of many treaties signed in Paris, France: Treaties 1200s and 1300s * Treaty of Paris (1229), which ended the Albigensian Crusade * Treaty of Paris (1259), between Henry III of England and Louis IX of France * Trea ...
supersedes an otherwise valid Virginia statute under the
Supremacy Clause The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thu ...
. This case featured the first example of judicial nullification of a state law. *'' Fletcher v. Peck'', A state legislature can repeal a corruptly made law, but the
Contract Clause Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions are meant to protect individuals from intrusion by state governments and to kee ...
of the Constitution prohibits the voiding of valid contracts made under such a law. This was the first case in which the Supreme Court struck down a state law as unconstitutional. *'' Martin v. Hunter's Lessee'', Federal courts may review state court decisions when they rest on
federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many po ...
or the federal
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
. This decision provides for the uniform interpretation of federal law throughout the states. *'' McCulloch v. Maryland'', The
Necessary and Proper Clause The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: Since the landmark decision '' McCulloch v. Maryland'', the US Supreme Court has ruled that this clause g ...
of the Constitution grants to Congress
implied powers In the United States, implied powers are powers that, although not directly stated in the Constitution, are implied to be available based on previously stated powers. History When George Washington asked Alexander Hamilton to defend the constituti ...
for implementing the Constitution's express powers, and state actions may not impede valid exercises of power by the federal government. *''
Cohens v. Virginia ''Cohens v. Virginia'', 19 U.S. (6 Wheat.) 264 (1821), is a landmark case by the Supreme Court of the United States that is most notable for the Court's assertion of its power to review state supreme court decisions in criminal law matters if def ...
'', State laws in opposition to national laws are void. The
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
has appellate
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
for any U.S. case and final say. *''
Gibbons v. Ogden ''Gibbons v. Ogden'', 22 U.S. (9 Wheat.) 1 (1824), was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, which was granted to Congress by the Commerce Clause of the United Sta ...
'', The power to regulate interstate navigation is granted to
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
by the
Commerce Clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
. *''
Barron v. Baltimore ''Barron v. Baltimore'', 32 U.S. (7 Pet.) 243 (1833), is a landmark United States Supreme Court case in 1833, which helped define the concept of federalism in US constitutional law. The Court ruled that the Bill of Rights did not apply to the stat ...
'', The
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pr ...
cannot be applied to the
state governments A state government is the government that controls a subdivision of a country in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, ...
. This decision has essentially been rendered moot by the Supreme Court's adoption of the incorporation doctrine, which uses the Due Process Clause of the Fourteenth Amendment to apply portions of the Bill of Rights to the states. *'' Cooley v. Board of Wardens'', When local circumstances make it necessary, the states can regulate interstate commerce as long as such regulations do not conflict with
federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many po ...
. State laws related to commerce powers can be valid if
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
is silent on the matter. *''
Ableman v. Booth ''Ableman v. Booth'', 62 U.S. (21 How.) 506 (1859), was a United States Supreme Court case in which the Court unanimously held that state courts cannot issue rulings that contradict the decisions of federal courts,Hoiberg, Dale H. (2010) overt ...
'', State courts cannot issue rulings that contradict the decisions of federal courts. *''
Texas v. White ''Texas v. White'', 74 U.S. (7 Wall.) 700 (1869), was a case argued before the United States Supreme Court in 1869. The case involved a claim by the Reconstruction government of Texas that United States bonds owned by Texas since 1850 had been ill ...
'', The states that formed the
Confederate States of America The Confederate States of America (CSA), commonly referred to as the Confederate States or the Confederacy was an unrecognized breakaway republic in the Southern United States that existed from February 8, 1861, to May 9, 1865. The Confeder ...
during the
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
never actually left the Union because a state cannot unilaterally secede from the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. *''
Hans v. Louisiana ''Hans v. Louisiana'', 134 U.S. 1 (1890), was a decision of the United States Supreme Court determining that the Eleventh Amendment prohibits a citizen of a U.S. state to sue that state in a federal court. Citizens cannot bring suits against thei ...
'', The Eleventh Amendment bars suits by citizens against their own state in federal court. *'' Pollock v. Farmers' Loan & Trust Co.'',
Income taxes An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Ta ...
on
interest In finance and economics, interest is payment from a borrower or deposit-taking financial institution to a lender or depositor of an amount above repayment of the principal sum (that is, the amount borrowed), at a particular rate. It is distin ...
,
dividend A dividend is a distribution of profits by a corporation to its shareholders. When a corporation earns a profit or surplus, it is able to pay a portion of the profit as a dividend to shareholders. Any amount not distributed is taken to be re-i ...
s, and rents are, in effect,
direct tax Although the actual definitions vary between jurisdictions, in general, a direct tax or income tax is a tax imposed upon a person or property as distinct from a tax imposed upon a transaction, which is described as an indirect tax. There is a di ...
es that must be apportioned among the states according to their populations. This decision was voided by the Sixteenth Amendment in 1913, allowing income taxes to be implemented without apportionment. *'' Swift and Company v. United States'',
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
can prohibit local business practices in order to regulate interstate commerce because those practices, when combined, form a "stream of commerce" between the states (superseded by ''National Labor Relations Board v. Jones & Laughlin Steel Corporation'' (1937)). *'' Hunter v. City of Pittsburgh'', States have sovereignty over their local governments. *'' Ex parte Young'', When state officers are charged with violating federal law, they cannot set up the state's federal constitutional
sovereign immunity Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger ...
to defeat suits for prospective relief. *''
Missouri v. Holland ''Missouri v. Holland'', 252 U.S. 416 (1920) is a United States Supreme Court decision on the extent to which international legal obligations are incorporated into federal law.. The case centered on the constitutionality of the Migratory Bird Tre ...
'',
Treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
made by the federal government are supreme over any concerns brought by the states about such treaties interfering with any
states' rights In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the ...
derived from the Tenth Amendment. *'' United States v. Wheeler'', The
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
grants to the states the power to prosecute individuals for wrongful interference with the right to travel. *''
United States v. Butler ''United States v. Butler'', 297 U.S. 1 (1936), is a U.S. Supreme Court case that held that the U.S. Congress has not only the power to lay taxes to the level necessary to carry out its other powers enumerated in Article I of the U.S. Constituti ...
'', The
U.S. Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washin ...
s power to lay taxes is not limited only to the level necessary to carry out its other powers enumerated in Article I of the
U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nation ...
, but is a broad authority to tax and spend for the "general welfare" of the United States. *'' National Labor Relations Board v. Jones & Laughlin Steel Corporation'', The National Labor Relations Act and, by extension, the
National Labor Relations Board The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Na ...
are constitutional because the
Commerce Clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
applies to labor relations. Therefore, the NLRB has the right to sanction companies that fire or discriminate against workers for belonging to a union. Also, a local commercial activity that is considered in isolation may still constitute interstate commerce if that activity has a "close and substantial relationship" to interstate commerce. *''
Steward Machine Company v. Davis ''Steward Machine Company v. Davis'', 301 U.S. 548 (1937), was a case in which the U.S. Supreme Court upheld the unemployment compensation provisions of the Social Security Act of 1935, which established the federal taxing structure that was des ...
'', The federal government is permitted to impose a tax even if the goal of the tax is not just the collection of revenue. *'' New Negro Alliance v. Sanitary Grocery Co.'', The Norris–La Guardia Act of 1932 prohibits employers from proscribing the peaceful dissemination of information concerning the terms and conditions of employment by those involved in an active labor dispute, even when such dissemination occurs on an employer's private property. *''
United States v. Darby Lumber Co. ''United States v. Darby Lumber Co.'', 312 U.S. 100 (1941), was a case in which the United States Supreme Court upheld the Fair Labor Standards Act of 1938, holding that the U.S. Congress had the power under the Commerce Clause to regulate emplo ...
'', Control over interstate commerce belongs entirely to
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
. The
Fair Labor Standards Act of 1938 The Fair Labor Standards Act of 1938 (FLSA) is a United States labor law that creates the right to a minimum wage, and " time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "opp ...
is constitutional under the Commerce Clause because it prevents the states from lowering labor standards to gain commercial advantages. *''
Wickard v. Filburn ''Wickard v. Filburn'', 317 U.S. 111 (1942), is a United States Supreme Court decision that dramatically increased the regulatory power of the federal government. It remains as one of the most important and far-reaching cases concerning the New ...
'', The
Commerce Clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
allows Congress to regulate anything that has a substantial economic effect on commerce even if that effect is indirect. *''
Cooper v. Aaron ''Cooper v. Aaron'', 358 U.S. 1 (1958), was a landmark decision of the Supreme Court of the United States, which denied the school board of Little Rock, Arkansas, the right to delay racial desegregation for 30 months. On September 12, 1958, th ...
'', The states are bound by the decisions of the Supreme Court and cannot choose to ignore them. *'' Oregon v. Mitchell'',
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
has the power to regulate requirements for voting in federal elections, but it is prohibited from regulating requirements for voting in state and local elections. This decision preceded the ratification of the Twenty-sixth Amendment in 1971, which lowered the minimum voting age to 18 for all elections. *'' Marquette National Bank of Minneapolis v. First of Omaha Service Corp.'' States may not cap the interest rates offered to their citizens by federally chartered banks based in other states; a holding that contributed greatly to the growth of the credit card industry in the ensuing decades. *''
Garcia v. San Antonio Metropolitan Transit Authority ''Garcia v. San Antonio Metropolitan Transit Authority'', 469 U.S. 528 (1985), is a landmark United States Supreme Court decision in which the Court held that the Congress has the power under the Commerce Clause of the Constitution to extend the F ...
'',
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
has the power under the
Commerce Clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
to extend the Fair Labor Standards Act, which requires that employers provide minimum wage and overtime pay to their employees, to state and local governments. *''
Heath v. Alabama ''Heath v. Alabama'', 474 U.S. 82 (1985), is a case in which the Supreme Court of the United States, United States Supreme Court ruled that, because of the doctrine of "dual sovereignty" (the concept that the United States and each U.S. state, stat ...
'', The Double Jeopardy Clause of the Fifth Amendment does not prohibit two different states from separately prosecuting and convicting the same individual for the same illegal act. *''
South Dakota v. Dole ''South Dakota v. Dole'', 483 U.S. 203 (1987), was a case in which the United States Supreme Court considered the limitations that the Constitution places on the authority of the United States Congress when Congress uses its authority to influence ...
'', Congress may attach reasonable conditions to funds disbursed to the states without violating the Tenth Amendment. *''
United States v. Lopez ''United States v. Alfonso D. Lopez, Jr.'', 514 U.S. 549 (1995), was a landmark case of the United States Supreme Court concerning the Commerce Clause. It was the first case since 1937 in which the Court held that Congress had exceeded its power ...
'', The
Gun-Free School Zones Act of 1990 The Gun-Free School Zones Act (GFSZA) is an act of the U.S. Congress prohibiting any unauthorized individual from knowingly possessing a loaded or unsecured firearm at a place that the individual knows, or has reasonable cause to believe, i ...
is unconstitutional. The
Commerce Clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
does not give
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
the power to prohibit the mere possession of a gun near a school because gun possession by itself is not an economic activity that affects interstate commerce even indirectly. Notable because it was the first time since the New Deal that the Supreme Court invalidated a law which was passed by Congress ostensibly permissible under the Commerce Clause. *''
U.S. Term Limits, Inc. v. Thornton ''U.S. Term Limits, Inc. v. Thornton'', 514 U.S. 779 (1995), is a landmark U.S. Supreme Court decision in which the Court ruled that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those the Constitut ...
'', The states cannot create qualifications for prospective members of
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
that are stricter than those specified in the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
. This decision invalidates provisions that had imposed term limits on members of Congress in 23 states. *'' Printz v. United States'', The interim provision of the
Brady Handgun Violence Prevention Act The Brady Handgun Violence Prevention Act ( Pub.L. 103–159, 107 Stat. 1536, enacted November 30, 1993), often referred to as the Brady Act or the Brady Bill, is an Act of the United States Congress that mandated federal background checks on ...
that requires state and local officials to conduct
background check A background check is a process a person or company uses to verify that an individual is who they claim to be, and this provides an opportunity to check and confirm the validity of someone's criminal record, education, employment history, and oth ...
s on firearm purchasers violates the Tenth Amendment. *'' United States v. Morrison'', The section of the Violence Against Women Act of 1994 that gives victims of gender-motivated violence the right to sue their attackers in federal court is an unconstitutional intrusion on
states' rights In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the ...
, and it cannot be saved by the
Commerce Clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
or Section 5 of the Fourteenth Amendment. *'' Gonzales v. Raich'',
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
may ban the use of marijuana even in states that have approved its use for medicinal purposes. *'' Bond v. United States (2011)'', An individual litigant has standing to challenge a federal statute on grounds of federalism. *''
Arizona v. United States ''Arizona v. United States'', 567 U.S. 387 (2012), was a Supreme Court of the United States, United States Supreme Court case involving Arizona's Arizona SB 1070, SB 1070, a state law intended to increase the powers of local law enforcement that w ...
'', An Arizona law that authorizes local law enforcement to enforce immigration laws is preempted by
federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many po ...
. Arizona law enforcement may inquire about a resident's legal status during lawful encounters, but the state may not implement its own immigration laws. *''
National Federation of Independent Business v. Sebelius ''National Federation of Independent Business v. Sebelius'', 567 U.S. 519 (2012), was a List of landmark court decisions in the United States, landmark United States Supreme Court decision in which the Court upheld Congress's power to enact most ...
'', The Patient Protection and Affordable Care Act's expansion of
Medicaid Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and per ...
is unconstitutional as-written—it is unduly coercive to force the states to choose between participating in the expansion or forgoing all Medicaid funds. In addition, the individual
health insurance mandate A health insurance mandate is either an employer or individual mandate to obtain private health insurance instead of (or in addition to) a national health insurance plan.D. Andrew Austin, Thomas L. Hungerford (2010). Market Structure of the ...
is constitutional by virtue of the
Taxing and Spending Clause The Taxing and Spending Clause (which contains provisions known as the General Welfare Clause and the Uniformity Clause), Article I, Section 8, Clause 1 of the United States Constitution, grants the federal government of the United States it ...
(though not by the
Commerce Clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
or the
Necessary and Proper Clause The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: Since the landmark decision '' McCulloch v. Maryland'', the US Supreme Court has ruled that this clause g ...
). *''
Murphy v. National Collegiate Athletic Association ''Murphy v. National Collegiate Athletic Association'', No. 16-476, 584 U.S. ___ (2018), was a United States Supreme Court case involving the Tenth Amendment to the United States Constitution. The issue was whether the U.S. federal government ha ...
'', The
Professional and Amateur Sports Protection Act of 1992 The Professional and Amateur Sports Protection Act of 1992 (), also known as PASPA or the Bradley Act, was a law, judicially-overturned in 2018, that was meant to define the legal status of sports betting throughout the United States. This act ...
violates the Tenth Amendment because it prohibits the states from passing laws that authorize and regulate
sports betting Sports betting is the activity of predicting sports results and placing a wager on the outcome. The frequency of sports bet upon varies by culture, with the vast majority of bets being placed on association football, American football, basket ...
.


Native American law

*''
Johnson v. M'Intosh ''Johnson v. M'Intosh'', 21 U.S. (7 Wheat.) 543 (1823), is a landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans. As the facts were recited by Chief Justice John Marshall, t ...
'', Private citizens cannot purchase lands from Native Americans. *'' Worcester v. Georgia'', The Supreme Court laid out the relationship between
tribes The term tribe is used in many different contexts to refer to a category of human social group. The predominant worldwide usage of the term in English is in the discipline of anthropology. This definition is contested, in part due to confli ...
and the
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
and federal governments. It is considered to have built the foundations of the doctrine of
tribal sovereignty in the United States Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. Originally, the U.S. federal government recognized American Indian trib ...
, because the relationship between the Indian Nations and the United States is that of nations. *''
Ex parte Crow Dog ''Ex parte Crow Dog'', 109 U.S. 556 (1883), is a landmark decision of the Supreme Court of the United States that followed the death of one member of a Native American tribe at the hands of another on reservation land. Crow Dog was a member of ...
'', U.S. courts do not have criminal jurisdiction in cases where one Native American murders another on reservation lands. The Supreme Court also ruled that tribes held exclusive jurisdiction over their own internal affairs, including murder cases. The U.S. Congress responded with the
Major Crimes Act The Major Crimes Act (U.S. Statutes at Large, 23:385)tribal sovereignty Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. Originally, the U.S. federal government recognized American Indian trib ...
. *''
Elk v. Wilkins ''Elk v. Wilkins'', 112 U.S. 94 (1884), was a United States Supreme Court landmark 1884 decision respecting the citizenship status of Indians. John Elk, a Winnebago Indian, was born on an Indian reservation within the territorial bounds of Unite ...
'', An Indian cannot make himself a citizen of the United States without the consent and the co-operation of the United States Federal government. *''
United States v. Kagama ''United States v. Kagama'', 118 U.S. 375 (1886), was a United States Supreme Court case that upheld the constitutionality of the Major Crimes Act of 1885. This Congressional act gave the federal courts jurisdiction in certain Indian-on-Indian ...
'', Congress has
plenary power A plenary power or plenary authority is a complete and absolute power to take action on a particular issue, with no limitations. It is derived from the Latin term ''plenus'' ("full"). United States In United States constitutional law, plenary p ...
over all Native American tribes within its borders. *''
Talton v. Mayes ''Talton v. Mayes'', 163 U.S. 376 (1896), was a United States Supreme Court case, in which the court decided that the individual rights protections, which limit federal, and later, state governments, do not apply to tribal government.. It rea ...
'', Constitutional protections including the provisions of the Bill of Rights do not apply to the actions of American Indian tribal governments. *''
Lone Wolf v. Hitchcock ''Lone Wolf v. Hitchcock'', 187 U.S. 553 (1903), was a United States Supreme Court case brought against the US government by the Kiowa chief Lone Wolf, who charged that Native American tribes under the Medicine Lodge Treaty had been defrauded of ...
'',
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
may use its
plenary power A plenary power or plenary authority is a complete and absolute power to take action on a particular issue, with no limitations. It is derived from the Latin term ''plenus'' ("full"). United States In United States constitutional law, plenary p ...
to unilaterally break treaty obligations between the United States and Native American tribes. *'' Williams v. Lee'', State courts do not have jurisdiction on Indian reservations without the authorization of
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
. *''
Menominee Tribe v. United States The Menominee (; mez, omǣqnomenēwak meaning ''"Menominee People"'', also spelled Menomini, derived from the Ojibwe language word for "Wild Rice People"; known as ''Mamaceqtaw'', "the people", in the Menominee language) are a federally recog ...
'', Native American treaty rights are not repealed without a clear and unequivocal statement to that effect from
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
. *''
Oneida Indian Nation of New York v. County of Oneida ''Oneida Indian Nation of New York v. County of Oneida'', 414 U.S. 661 (1974), is a landmark decision by the United States Supreme Court concerning aboriginal title in the United States. The original suit in this matter was the first modern-day N ...
'', There is federal subject-matter jurisdiction for possessory land claims brought by Indian tribes based upon aboriginal title, the
Nonintercourse Act The Nonintercourse Act (also known as the Indian Intercourse Act or the Indian Nonintercourse Act) is the collective name given to six statutes passed by the Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set Amerindian boundaries of re ...
, and Indian treaties. *'' Bryan v. Itasca County'', A state does not have the right to assess a tax on the property of a Native American (Indian) living on tribal land absent a specific Congressional grant of authority to do so. *''
Oliphant v. Suquamish Indian Tribe ''Oliphant v. Suquamish Indian Tribe'', 435 U.S. 191 (1978), is a United States Supreme Court case deciding that Indian tribal courts have no criminal jurisdiction over non-Indians.. The case was decided on March 6, 1978 with a 6–2 majority. Th ...
'', Indian tribal courts do not have inherent criminal jurisdiction to try and to punish non-Indians, and hence may not assume such jurisdiction unless specifically authorized to do so by Congress. * '' United States v. Wheeler'', The Fifth Amendment's Double Jeopardy Clause does not prevent prosecution by both an Indian tribe and the
federal government of the United States The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fe ...
. *'' Santa Clara Pueblo v. Martinez'', Title I of the
Indian Civil Rights Act The Civil Rights Act of 1968 () is a landmark law in the United States signed into law by United States President Lyndon B. Johnson during the King assassination riots. Titles II through VII comprise the Indian Civil Rights Act, which applie ...
does not expressly or implicitly create a
cause of action A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a ...
for declaratory and
injunctive relief An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
in the federal courts. *'' Solem v. Bartlett'', The Supreme Court established three principles to measure Congress's intent to diminish a reservation. It decided that opening up reservation lands for settlement by non-Indians does not constitute the intent to diminish reservation boundaries and therefore reservation boundaries would not be diminished unless specifically determined through legislation. *''
County of Oneida v. Oneida Indian Nation of New York State ''County of Oneida v. Oneida Indian Nation of New York State'', 470 U.S. 226 (1985), was a landmark decision, landmark Supreme Court of the United States, United States Supreme Court case concerning aboriginal title in the United States. The case, ...
'', Indian tribes have a
federal common law Federal common law is a term of United States law used to describe common law that is developed by the federal courts, instead of by the courts of the various states. The United States is the only country to combine the creation of common law do ...
cause of action A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a ...
, not preempted by the
Nonintercourse Act The Nonintercourse Act (also known as the Indian Intercourse Act or the Indian Nonintercourse Act) is the collective name given to six statutes passed by the Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set Amerindian boundaries of re ...
, for possessory claims based upon aboriginal title; such action is not barred by
limitations Limitation may refer to: *A disclaimer for research done in an experiment or study *A Statute of limitations A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum ...
,
abatement Abatement refers generally to a lessening, diminution, reduction, or moderation; specifically, it may refer to: * 421-a tax abatement, property tax exemption in the U.S. state of New York * Abatement of debts and legacies, a common law doctrine ...
, ratification or
nonjusticiability Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party ...
, and due to the Eleventh Amendment, there is no
ancillary jurisdiction Supplemental jurisdiction, also sometimes known as ancillary jurisdiction or pendent jurisdiction, is the authority of United States federal courts to hear additional claims substantially related to the original claim even though the court would la ...
for counties' cross-claims against a state. *''
Lyng v. Northwest Indian Cemetery Protective Association ''Lyng v. Northwest Indian Cemetery Protective Association'', 485 U.S. 439 (1988), was a Supreme Court of the United States, United States Supreme Court List of landmark court decisions in the United States, landmark case in which the Court ruled ...
'', The
American Indian Religious Freedom Act The American Indian Religious Freedom Act, Public Law No. 95–341, 92 Stat. 469 (Aug. 11, 1978) (commonly abbreviated to AIRFA), codified at , is a United States federal law, enacted by joint resolution of the Congress in 1978. Prior to the ac ...
of 1978 (AIRFA) does not create a cause of action under which to sue, nor does it contain any judicially enforceable rights. *''
United States v. Lara ''United States v. Lara'', 541 U.S. 193 (2004), was a United States Supreme Court landmark case which held that both the United States and a Native American (Indian) tribe could prosecute an Indian for the same acts that constituted crimes in bo ...
'', As an Indian tribe and the United States are separate sovereigns, both the United States and a Native American (Indian) tribe can prosecute an Indian for the same acts that constituted crimes in both jurisdictions without invoking
double jeopardy In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...
if the actions of the accused violated Federal law. *''
Herrera v. Wyoming ''Herrera v. Wyoming'', No. 17-532, 587 U.S. ___ (2019), was a Supreme Court of the United States, United States Supreme Court case in which the Court held that Wyoming's statehood did not void the Crow Tribe's right to hunt on "unoccupied lands o ...
'',
Wyoming Wyoming () is a state in the Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the southwest, and Colorado to the s ...
's statehood did not void the
Crow Tribe The Crow, whose autonym is Apsáalooke (), also spelled Absaroka, are Native Americans living primarily in southern Montana. Today, the Crow people have a federally recognized tribe, the Crow Tribe of Montana, with an Indian reservation locate ...
's right to hunt on "unoccupied lands of the United States" under an 1868 treaty, and that the
Bighorn National Forest The Bighorn National Forest is a U.S. National Forest located in northern Wyoming, United States and consists of over 1.1 million acres (4,500 km2). Created as a US Forest Reserve in 1897, it is one of the oldest government-protected fores ...
did not automatically become "occupied" when the forest was created. *'' McGirt v. Oklahoma'' Oklahoma's land reserved for the Creek Nation since the 19th century remains "Indian country". Native Americans residing in the reservation cannot be criminally prosecuted by the state of Oklahoma. *''
Sharp v. Murphy ''Sharp v. Murphy'', 591 U.S. ___ (2020), was a Supreme Court of the United States case of whether United States Congress, Congress disestablished the Muscogee (Creek) Nation reservation. After holding the case from the 2018 term, the case was dec ...
'' Oklahoma's land reserved for the Creek Nation since the 19th century remains "Indian country". Native Americans residing in the reservation cannot be criminally prosecuted by the state of Oklahoma. Reaffirms ''McGirt v. Oklahoma'' *'' United States v. Cooley'' Native American tribal governments and police have the power to search and detain non-Native individuals suspected of violating state or federal laws on tribal lands.


First Amendment rights


General aspects

*''
National Socialist Party of America v. Village of Skokie ''National Socialist Party of America v. Village of Skokie'', 432 U.S. 43 (1977), arising out of what is sometimes referred to as the Skokie Affair, was a landmark decision of the US Supreme Court dealing with freedom of speech and freedom of ass ...
'', If a state seeks to impose an injunction in the face of a substantial claim of First Amendment rights, it must provide strict procedural safeguards, including immediate appellate review. Absent such immediate review, the appellate court must grant a stay of any lower court order restricting the exercise of speech and assembly rights.


Freedom of speech and of the press

*''
Mutual Film Corp. v. Industrial Commission of Ohio __NOTOC__ ''Mutual Film Corporation v. Industrial Commission of Ohio'', 236 U.S. 230 (1915), was a landmark decision of the US Supreme Court ruling by a 9-0 vote that the free speech protection of the Ohio Constitution, which was substantially si ...
'',
Motion pictures A film also called a movie, motion picture, moving picture, picture, photoplay or (slang) flick is a work of visual art that simulates experiences and otherwise communicates ideas, stories, perceptions, feelings, beauty, or atmosphere ...
are not entitled to free speech protection because they are a business, not a form of
art Art is a diverse range of human activity, and resulting product, that involves creative or imaginative talent expressive of technical proficiency, beauty, emotional power, or conceptual ideas. There is no generally agreed definition of wha ...
(overruled by ''Joseph Burstyn, Inc. v. Wilson'' (1952)). *''
Schenck v. United States ''Schenck v. United States'', 249 U.S. 47 (1919), was a landmark decision of the U.S. Supreme Court concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in an opinion by Justice Oliver Wendell Holmes ...
'', Expressions in which the circumstances are intended to result in crime that poses a
clear and present danger ''Clear and Present Danger'' is a political thriller novel, written by Tom Clancy and published on August 17, 1989. A sequel to '' The Cardinal of the Kremlin'' (1988), main character Jack Ryan becomes acting Deputy Director of Intelligence in ...
of succeeding can be punished without violating the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
(overruled by ''Brandenburg v. Ohio (1969)). *''
Gitlow v. New York ''Gitlow v. New York'', 268 U.S. 652 (1925), was a landmark decision of the United States Supreme Court holding that the Fourteenth Amendment to the United States Constitution had extended the First Amendment's provisions protecting freedom of spe ...
'', The provisions of the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
that protect the freedom of speech and the freedom of the press apply to the governments of the states through the Due Process Clause of the Fourteenth Amendment. *''
Stromberg v. California ''Stromberg v. California'', 283 U.S. 359 (1931), was a landmark decision of the Supreme Court of the United States in which the Court held, 7–2, that a California statute banning red flags was unconstitutional because it violated the First an ...
'', A California law that bans red flags is unconstitutional because it violates the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
's protection of symbolic speech as applied to the states through the Fourteenth Amendment. *'' Near v. Minnesota'', A Minnesota law that imposes
prior restraint Prior restraint (also referred to as prior censorship or pre-publication censorship) is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship ...
s on the publication of "malicious, scandalous, and defamatory" content violates the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
as applied to the states through the Fourteenth Amendment. *'' United States v. One Book Called Ulysses'', 5 F.Supp. 182, S.D.N.Y., 1933 Obscene content in a literary work is protected if the purpose of the work as a whole is not to titillate or excite the reader sexually. Upheld by the Second Circuit on appeal. *'' New Negro Alliance v. Sanitary Grocery Co.'', Peaceful and orderly dissemination of information by those defined as persons interested in a labor dispute concerning 'terms and conditions of employment' in an industry or a plant or a place of business is lawful. *''
Chaplinsky v. New Hampshire ''Chaplinsky v. New Hampshire'', 315 U.S. 568 (1942), was a landmark decision of the US Supreme Court in which the Court articulated the fighting words doctrine, a limitation of the First Amendment's guarantee of freedom of speech. Background ...
'',
Fighting words Fighting words are written or spoken words intended to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction. The term ''fighting words'' is also used in a general sens ...
—words that by their very utterance inflict injury or tend to incite an immediate breach of the peace—are not protected by the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
. *''
Joseph Burstyn, Inc. v. Wilson ''Joseph Burstyn, Inc. v. Wilson'', 343 U.S. 495 (1952), also referred to as the ''Miracle Decision'', was a landmark decision by the United States Supreme Court that largely marked the decline of motion picture censorship in the United States. ...
'',
Motion pictures A film also called a movie, motion picture, moving picture, picture, photoplay or (slang) flick is a work of visual art that simulates experiences and otherwise communicates ideas, stories, perceptions, feelings, beauty, or atmosphere ...
, as a form of artistic expression, are protected by the First Amendment. *''
Roth v. United States ''Roth v. United States'', 354 U.S. 476 (1957), along with its companion case ''Alberts v. California'', was a landmark decision of the Supreme Court of the United States which redefined the Constitutional test for determining what constitutes o ...
'',
Obscene An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be us ...
material is not protected by the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
(superseded by ''Miller v. California'' (1973)). *'' One, Inc. v. Olesen'', (per curiam) Pro-homosexual writing is not ''per se'' obscene. It was the first U.S. Supreme Court ruling to address free speech rights with respect to homosexuality. *''
Manual Enterprises, Inc. v. Day ''MANual Enterprises, Inc. v. Day'', 370 U.S. 478 (1962), is a decision by the United States Supreme Court which held that magazines consisting largely of photographs of nude or near-nude male models are not obscene within the meaning of . It was ...
'', Images of naked men are not, ''per se'', obscene, extending ''Olesen'' in a way that spurred an increase in same-sex erotica that helped spur the rise of the LGBTQ rights movement later in the decade. *'' New York Times Co. v. Sullivan'', Public officials, to prove they were libelled, must show not only that a statement is false, but also that it was published with malicious intent (knowing the statement was false, or recklessly disregarding possible falseness). *'' Dombrowski v. Pfister'', A court may enjoin enforcement of a statute that is so overbroad in its prohibition of unprotected speech that it substantially prohibits protected speech — especially if the statute is being enforced in bad faith. *''
Curtis Publishing Co. v. Butts ''Curtis Publishing Co. v. Butts'', 388 U.S. 130 (1967), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals. Background The case involve ...
'', News organizations may be liable when printing allegations about
public figure A public figure is a person who has achieved notoriety, prominence or fame within a society, whether through achievement, luck, action, or in some cases through no purposeful action of their own, In the context of defamation actions (libel and ...
s if the information they disseminate is recklessly gathered and unchecked. *''
United States v. O'Brien ''United States v. O'Brien'', 391 U.S. 367 (1968), was a landmark decision of the United States Supreme Court, ruling that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech. Thoug ...
'', A criminal prohibition against
draft-card burning Draft-card burning was a symbol of protest performed by thousands of young men in the United States and Australia in the 1960s and early 1970s. The first draft-card burners were American men taking part in the opposition to United States involvem ...
does not violate the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
because its effect on speech is only incidental, and it is justified by the significant governmental interest in maintaining an efficient and effective military draft system. *''
Pickering v. Board of Education ''Pickering v. Board of Education'', 391 U.S. 563 (1968), was a case in which the Supreme Court of the United States held that in the absence of proof of the teacher knowingly or recklessly making false statements the teacher had a right to speak o ...
'', Public employees do not surrender their First Amendment rights to speak on matters of public concern, even critically of their employers, when they take their jobs. *''
Tinker v. Des Moines Independent Community School District ''Tinker v. Des Moines Independent Community School District'', 393 U.S. 503 (1969), was a landmark decision by the United States Supreme Court that defined First Amendment rights of students in U.S. public schools. The ''Tinker'' test, also ...
'', Public school students have free speech rights under the First Amendment. Therefore, wearing armbands as a form of protest on public school grounds qualifies as protected symbolic speech. *''
Brandenburg v. Ohio ''Brandenburg v. Ohio'', 395 U.S. 444 (1969), was a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. The Court held that the government cannot punish inflammatory speech unless that s ...
'', The mere advocacy of the use of force or of violation of the law is protected by the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
. Only inciting others to take direct and immediate unlawful action is without constitutional protection. *'' Cohen v. California'', The
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
prohibits the states from making the public display of a single four-letter expletive a criminal offense without a more specific and compelling reason than a general tendency to disturb the peace. *''
New York Times Co. v. United States ''New York Times Co. v. United States'', 403 U.S. 713 (1971), was a landmark decision of the Supreme Court of the United States on the First Amendment right of Freedom of the Press. The ruling made it possible for ''The New York Times'' and ''The ...
'', The federal government's desire to keep the
Pentagon Papers The ''Pentagon Papers'', officially titled ''Report of the Office of the Secretary of Defense Vietnam Task Force'', is a United States Department of Defense history of the United States' political and military involvement in Vietnam from 1945 ...
classified is not strong enough to justify violating the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
by imposing
prior restraint Prior restraint (also referred to as prior censorship or pre-publication censorship) is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship ...
s on the material. *'' Branzburg v. Hayes'', The First Amendment's protection of press freedom does not give the
reporters' privilege Reporter's privilege in the United States (also journalist's privilege, newsman's privilege, or press privilege), is a "reporter's protection under constitutional or statutory law, from being compelled to testify about confidential information or s ...
in court. *''
Miller v. California ''Miller v. California'', 413 U.S. 15 (1973), was a landmark decision of the U.S. Supreme Court modifying its definition of obscenity from that of "utterly without socially redeeming value" to that which lacks "serious literary, artistic, polit ...
'', To be
obscene An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be us ...
, a work must fail the
Miller test The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United St ...
, which determines if it has any "serious literary, artistic, political, or scientific value." *'' Gertz v. Robert Welch, Inc.'', The
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
permits the states to formulate their own standards of liability for defamation against private individuals as long as liability is not imposed without fault. If the state standard is lower than
actual malice Actual malice in United States law is a legal requirement imposed upon public officials or public figures when they file suit for libel (defamatory printed communications). Compared to other individuals who are less well known to the general pub ...
, then only actual damages may be awarded. *''
Buckley v. Valeo ''Buckley v. Valeo'', 424 U.S. 1 (1976), was a landmark decision of the US Supreme Court on campaign finance. A majority of justices held that, as provided by section 608 of the Federal Election Campaign Act of 1971, limits on election expenditu ...
'', Spending money to influence elections is a form of constitutionally protected free speech; therefore, federal limits on campaign contributions are constitutional in only a limited number of circumstances. *'' Virginia State Pharmacy Board v. Virginia Citizens Consumer Council'', Commercial speech enjoys limited First Amendment protection. *'' Federal Communications Commission v. Pacifica Foundation'',
Broadcasting Broadcasting is the distribution of audio or video content to a dispersed audience via any electronic mass communications medium, but typically one using the electromagnetic spectrum ( radio waves), in a one-to-many model. Broadcasting beg ...
has less
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
protection than other forms of communication because of its pervasive nature. The
Federal Communications Commission The Federal Communications Commission (FCC) is an independent agency of the United States federal government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdicti ...
has broad authority to determine what constitutes indecency in different contexts. *'' Central Hudson Gas & Electric Corp. v. Public Service Commission'', The United States Supreme Court laid out a four-part test for determining when restrictions on
commercial speech In law, commercial speech is speech or writing on behalf of a business with the intent of earning revenue or a profit. It is economic in nature and usually attempts to persuade consumers to purchase the business's product or service. The Supreme ...
violated the First Amendment of the United States Constitution. *'' NAACP v. Claiborne Hardware Co.'', Nonviolent boycotts and related activities to bring about political, social, and economic change are political speech which are entitled to the protection of the First Amendment. *''
New York v. Ferber ''New York v. Ferber'', 458 U.S. 747 (1982), was a landmark decision of the U.S Supreme Court, unanimously ruling that the First Amendment to the United States Constitution did not forbid states from banning the sale of material depicting childr ...
'', Laws that prohibit the sale, distribution, and advertisement of child pornography are constitutional even if the content does not meet the conditions necessary for it to be labeled obscene. *''
Connick v. Myers ''Connick v. Myers'', 461 U.S. 138 (1983), is a United States Supreme Court decision concerning the First Amendment rights of public employees who speak on matters of possible public concern within the workplace context. It was first brought by She ...
'', Public employers may take adverse action against employees for otherwise protected speech on matters of public concern, including speech critical of them, if they have a reasonable belief that the speech is disruptive to their operations. *'' Posadas de Puerto Rico Associates v. Tourism Co. of Puerto Rico'', Illustrated the elasticity of the '' Central Hudson'' standards for regulating commercial speech. *'' Bethel School District v. Fraser'', The First Amendment permits a public school to punish a student for giving a lewd and indecent speech at a school assembly even if the speech is not
obscene An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be us ...
. *''
Hazelwood v. Kuhlmeier ''Hazelwood School District et al. v. Kuhlmeier et al.'', 484 U.S. 260 (1988), was a landmark decision by the Supreme Court of the United States that held that public school curricular student newspapers that have not been established as forum ...
'', Public school curricular student
newspaper A newspaper is a Periodical literature, periodical publication containing written News, information about current events and is often typed in black ink with a white or gray background. Newspapers can cover a wide variety of fields such as p ...
s that have not been established as forums for student expression are subject to a lower level of
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
protection than independent student expression or newspapers established by policy or practice as forums for student expression. *''
Hustler Magazine v. Falwell ''Hustler Magazine, Inc. v. Falwell'', 485 U.S. 46 (1988), was a landmark decision of the United States Supreme Court ruling that the First and Fourteenth Amendments prohibit public figures from recovering damages for the tort of intentional inf ...
'', Parodies of
public figure A public figure is a person who has achieved notoriety, prominence or fame within a society, whether through achievement, luck, action, or in some cases through no purposeful action of their own, In the context of defamation actions (libel and ...
s, including those intended to cause emotional distress, are protected by the First Amendment. *''
Texas v. Johnson ''Texas v. Johnson'', 491 U.S. 397 (1989), was a landmark decision of the Supreme Court of the United States in which the Court held, 5–4, that burning the American flag was protected speech under the First Amendment to the Constitution, as do ...
'', A Texas law that criminalizes the desecration of the
American flag The national flag of the United States of America, often referred to as the ''American flag'' or the ''U.S. flag'', consists of thirteen equal horizontal stripes of red (top and bottom) alternating with white, with a blue rectangle in the ca ...
is unconstitutional because it violates the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
's protection of symbolic speech. This decision invalidates laws prohibiting flag desecration in 48 of the 50 states. Alaska and Wyoming had no such laws. *'' Barnes v. Glen Theatre, Inc.'', While nude dancing is a form of expressive conduct, public indecency laws regulating or prohibiting nude dancing are constitutional because they further substantial governmental interests in maintaining order and protecting morality. *'' Reno v. American Civil Liberties Union'', The Communications Decency Act, which regulates certain content on the
Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, pub ...
, is so overbroad that it is an unconstitutional restraint on the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
. *'' Kaelin v. Globe Communications'', Case no. 97-55232 (3rd Cir. 1998) A headline on the cover of a magazine which "falsely insinuated" a criminal act may be grounds for a libel action even if the related article inside the magazine is not defamatory. *'' Garcetti v. Ceballos'', When public employees speak in their capacity as citizens on matters of public concern, even to criticize their employers, their speech is protected. *'' Citizens United v. Federal Election Commission'', Limits on corporate and union political expenditures during election cycles violate the Free Speech Clause of the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
. Corporations and labor unions can spend unlimited sums in support of or in opposition to candidates as long as the spending is independent of the candidates. *''
Snyder v. Phelps ''Snyder v. Phelps'', 562 U.S. 443 (2011), was a landmark decision of the US Supreme Court ruling that speech on a matter of public concern, on a public street, cannot be the basis of liability for a tort of emotional distress, even in the circums ...
'', The
Westboro Baptist Church The Westboro Baptist Church (WBC) is a small American, unaffiliated Primitive Baptist church in Topeka, Kansas, founded in 1955 by pastor Fred Phelps. Labeled a hate group, WBC is known for engaging in homophobic and anti-American pickets, ...
's picketing of funerals cannot be liable for a
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
of emotional distress. *'' Brown v. Entertainment Merchants Association'', Laws restricting the sale of violent
video game Video games, also known as computer games, are electronic games that involves interaction with a user interface or input device such as a joystick, controller, keyboard, or motion sensing device to generate visual feedback. This fee ...
s to children without parental supervision violate the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
. *'' McCutcheon v. Federal Election Commission'', Limits on the total amounts of money that individuals can donate to political campaigns during two-year election cycles violate the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
. *''Minnesota Voters Alliance v. Mansky'', A law banning politically motivated apparel and accessories inside polling places is overbroad and violates the First Amendment. *''Janus v. AFSCME'', No public sector employee, having refused membership in a trade union, may be compelled to pay union dues to said union free rider problem, because of the benefits he may receive from their collective bargaining. "Fair share" agreements, when applied to public sector workers, violate the First Amendment protections of First Amendment to the United States Constitution#Freedom of association, free association and Freedom of speech in the United States, freedom of speech.


Freedom of religion

*''Reynolds v. United States'', Religious belief or duty cannot be used as a defense against a criminal indictment. *''Davis v. Beason'', The Edmunds Act, Edmunds Anti-Polygamy Act of 1882 does not violate the Free Exercise Clause of the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
even though polygamy is part of several religious beliefs. *''Cantwell v. Connecticut'', The states cannot interfere with the free exercise of religion. *''Minersville School District v. Gobitis'', The
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
does not require public schools to excuse students from saluting the
American flag The national flag of the United States of America, often referred to as the ''American flag'' or the ''U.S. flag'', consists of thirteen equal horizontal stripes of red (top and bottom) alternating with white, with a blue rectangle in the ca ...
and reciting the Pledge of Allegiance (United States), Pledge of Allegiance on religious grounds (overruled by ''West Virginia State Board of Education v. Barnette'' (1943)). *''Murdock v. Pennsylvania'', A Pennsylvania ordinance that imposes a license tax on those selling religious merchandise violates the Free Exercise Clause. *''West Virginia State Board of Education v. Barnette'', Public schools cannot override the religious beliefs of their students by forcing them to salute the
American flag The national flag of the United States of America, often referred to as the ''American flag'' or the ''U.S. flag'', consists of thirteen equal horizontal stripes of red (top and bottom) alternating with white, with a blue rectangle in the ca ...
and recite the Pledge of Allegiance (United States), Pledge of Allegiance. *''Marsh v. Alabama'', Governments cannot require permits to proselytize, or bar it outright, in public spaces even where those are privately owned. *''Everson v. Board of Education'', A state law that reimburses the costs of transportation to and from parochial schools does not violate the Establishment Clause of the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
. The Establishment Clause is Incorporation of the Bill of Rights, incorporated against the states, and the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
requires a sharp separation between government and religion. *''McCollum v. Board of Education'', The use of public school facilities by religious organizations to give religious instruction to school children violates the Establishment Clause. *''Engel v. Vitale'', Government-directed prayer in public schools, even if it is denominationally neutral and non-mandatory, violates the Establishment Clause. *''Abington School District v. Schempp'', School-sponsored reading of the Bible and recitation of the Lord's Prayer in public schools is unconstitutional under the Establishment Clause. *''Flast v. Cohen'', Taxpayers have standing to sue to prevent the disbursement of federal funds in contravention of the specific constitutional prohibition against government support of religion. *''Epperson v. Arkansas'', States may not require curricula to align with the views of any particular religion. *''Lemon v. Kurtzman'', For a law to be considered constitutional under the Establishment Clause, the law must have a legitimate secular purpose, must not have the primary effect of either advancing or inhibiting religion, and must not result in an excessive entanglement of government and religion. *''Wisconsin v. Yoder'', Parents may remove their children from public schools for religious reasons. *''Marsh v. Chambers'', A state legislature's practice of opening its sessions with a prayer offered by a state-supported chaplain does not violate the Establishment Clause. *''Edwards v. Aguillard'', Teaching creationism in public schools is unconstitutional. *''Corporation of Presiding Bishop of Church of Jesus Christ of Latter-day Saints v. Amos, Corporation of Presiding Bishop v. Amos'', Title VII of the Civil Rights Act, exempting religious organizations from the prohibition on religious discrimination, even in secular activities, did not violate the First Amendment. *''Employment Division v. Smith'', Neutral laws of general applicability do not violate the Free Exercise Clause. *''Lee v. Weisman'', Including a clergy-led prayer within the events of a public school graduation ceremony violates the Establishment Clause. *''Church of Lukumi Babalu Aye v. City of Hialeah'', The government must show a compelling interest to pass a law that targets a religion's ritual (as opposed to a law that happens to burden the ritual but is not directed at it). Failing to show such an interest, the prohibition of animal sacrifice is a violation of the Free Exercise Clause. *''Rosenberger v. University of Virginia'', A university cannot use student dues to fund secular groups while excluding religious groups. *''Agostini v. Felton'', Allowing public school teachers to teach at parochial schools does not violate the Establishment Clause as long as the material that is taught is secular and neutral in nature and no "excessive entanglement" between government and religion is apparent. *''Santa Fe Independent School Dist. v. Doe, Santa Fe Independent School District v. Doe'', Prayer in public schools that is initiated and led by students violates the Establishment Clause. *''Zelman v. Simmons-Harris'', A government program that provides tuition vouchers for students to attend a private or religious school of their parents' choosing is constitutional because the vouchers are neutral toward religion and, therefore, do not violate the Establishment Clause. The Supreme Court developed the private choice test which states that a voucher program in order to be constitutional must meet all five criteria of the test. *''Kitzmiller v. Dover Area School District'', 400 F. Supp. 2d 707 (M.D. Pa. 2005) Teaching intelligent design in public school biology classes violates the Establishment Clause because intelligent design is not science, and it "cannot uncouple itself from its Creationism, creationist, and thus religious, antecedents." *''Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission'', Minister (Christianity), Ministers cannot sue their churches by claiming termination in violation of employment non-discrimination laws. The Establishment Clause forbids the appointing of ministers by the government; therefore, it cannot interfere with the freedom of religious groups to select their own ministers under the Free Exercise Clause. *''Town of Greece v. Galloway'', A Local government in the United States, town council's practice of opening its sessions with a sectarian prayer does not violate the Establishment Clause. *'' Burwell v. Hobby Lobby Stores, Inc.'', Closely held, for-profit corporations have free exercise rights under the Religious Freedom Restoration Act of 1993. As applied to such corporations, the requirement of the Patient Protection and Affordable Care Act that employers provide their female employees with no-cost access to
contraception Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
violates the Religious Freedom Restoration Act. *''Masterpiece Cakeshop v. Colorado Civil Rights Commission'', By failing to act in a manner neutral to religion the Colorado Civil Rights Commission's actions in assessing a cakeshop owner's reasons for declining to make a cake for a same-sex couple's wedding celebration violated the free exercise clause. *''American Legion v. American Humanist Association'', A war memorial Latin cross displayed on public land does not violate the Establishment Clause, because longstanding monuments should be afforded a presumption of constitutionality. *''Espinoza v. Montana Department of Revenue'', A state's "no aid" constitutional provision prohibiting state aid to religious schools violates the Free Exercise clause by explicitly discriminating against institutions on the basis of religion. *''Fulton v. City of Philadelphia'', The refusal of Philadelphia to contract with Catholic Social Services for the provision of foster care services unless Catholic Social Services agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amendment. *''Carson v. Makin'', A ban on tuition assistance for religious schools violates the Equal Protection Clause of the First Amendment. *''Kennedy v. Bremerton School District'', The firing of a public high school football coach for saying a prayer on the field violated his First Amendment rights. The government, while following the Establishment Clause, may not suppress an individual from engaging in personal religious observance, as doing so would violate the Free Speech Clause, Free Speech and Free Exercise Clauses of the First Amendment. The Establishment Clause does not allow a government body to take a hostile view of religion in considering personal rights under the Free Speech and Free Exercise Clauses.


Freedom of association

*''National Association for the Advancement of Colored People v. Alabama'', The freedom to associate with organizations dedicated to the "advancement of beliefs and ideas" is an inseparable part of the Due Process Clause of the Fourteenth Amendment. *''Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston'', Private citizens organizing a public demonstration have the right to exclude groups whose message they disagree with from participating. *''Boy Scouts of America v. Dale'', Private organizations are allowed to choose their own membership and expel members based on their sexual orientation even if such discrimination would otherwise be prohibited by anti-discrimination legislation designed to protect minorities in public accommodations.


Freedom of petition

*''Edwards v. South Carolina'', The Free Petition Clause extends to the states through the Due Process Clause of the Fourteenth Amendment. *''California Motor Transport Co. v. Trucking Unlimited'', The Free Petition Clause encompasses petitions to all three branches of the federal government—the Congress, the executive including administrative agencies and the judiciary.


Second Amendment rights

*''United States v. Cruikshank'', The Second Amendment has no purpose other than to restrict the powers of the federal government. The Right to keep and bear arms in the United States, right to keep and bear arms for a lawful purpose is not a right granted by the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
or dependent upon the Constitution for its existence. (overruled by ''District of Columbia v. Heller'' (2008) and ''McDonald v. City of Chicago'' (2010)). *''Presser v. Illinois'', An Illinois law that prohibits common citizens from forming personal military organizations, performing drills, and parading is constitutional because such a law does not limit the personal right to keep and bear arms. *''United States v. Miller'', The federal government and the states can limit access to all weapons that do not have "some reasonable relationship to the preservation or efficiency of a well regulated Militia (United States), militia." *''District of Columbia v. Heller'', The Second Amendment to the United States Constitution, Second Amendment protects an individual right to possess a firearm unconnected with service in a militia and to use it for traditionally lawful purposes such as self-defense within the home. *''McDonald v. City of Chicago'', The individual Right to keep and bear arms in the United States, right to keep and bear arms for self-defense is Incorporation of the Bill of Rights, incorporated against the states through the Fourteenth Amendment’s Due Process Clause or Privileges or Immunities Clause. *''Caetano v. Massachusetts'', The Second Amendment extends to all bearable arms, including those that were not in existence at the time of the founding. *''New York State Rifle & Pistol Association, Inc. v. Bruen'', The Second Amendment protects an individual's right to carry a handgun for self-defense in public, outside the home.


Third Amendment rights

*''Engblom v. Carey'', 677 F.2d 957 (2d Cir. 1982) Members of the United States National Guard, National Guard qualify as "soldiers" under the Third Amendment. The Third Amendment is incorporated against the states through the Due Process Clause of the Fourteenth Amendment. And the protection of the Third Amendment applies to anyone who, within their residence, has a legal expectation of privacy and a legal right to exclude others from entry into the premises. This case is notable for being the only case based on Third Amendment claims that has been decided by a
federal appeals court The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals fr ...
.


Fourteenth Amendment rights

*''Slaughter-House Cases'', The Privileges or Immunities Clause of the Fourteenth Amendment applies to the benefits of federal
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
but not to the benefits of state citizenship. *''Allgeyer v. Louisiana'', The liberty that is protected by the Due Process Clause of the Fourteenth Amendment includes economic liberty. *''Meyer v. Nebraska'', A 1919 Nebraska law prohibiting the teaching of modern foreign languages to grade-school children violated the Due Process Clause. *''Pierce v. Society of Sisters'', Parents have the right to choose the school of their choice for their children's education under the Due Process Clause. *'' Skinner v. Oklahoma,'' State eugenics laws compulsory sterilization, mandating sterilization of criminals convicted of some crimes but not others are unconstitutional as it violates a person's rights given under the Equal Protection Clause and Due Process Clause of the 14th Amendment. *''International Shoe v. Washington, International Shoe Co. v. Washington'', Minimum contacts with the forum state can enable a court in that state to exert personal jurisdiction over a party consistent with the Due Process Clause. *''Goldberg v. Kelly'', The termination of welfare benefits must be preceded by a full Preliminary hearing, evidentiary hearing under the Due Process Clause. *''San Antonio Independent School District v. Rodriguez'', The use of Property tax in the United States, property taxes to finance public education does not violate the Equal Protection Clause. *''Mathews v. Eldridge'', When procedural due process applies, courts must consider the government's interests, the individual's interests, and the likelihood of making an inaccurate decision using the existing procedures as well as the probable value of additional procedural safeguards. *''Cleveland Board of Education v. Loudermill'', Public employees are entitled to some form of hearing prior to termination for cause, overruling ''Arnett v. Kennedy''.


Separation of powers

* ''Marbury v. Madison'', Section 13 of the Judiciary Act of 1789 is unconstitutional because it attempts to expand the original jurisdiction of the Supreme Court beyond that permitted by the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
.
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
cannot pass laws that contradict the Constitution. This case featured the first example of judicial nullification of a federal law and was the point at which the Supreme Court adopted Judicial review in the United States, a monitoring role over government actions. *''Little v. Barreme,'' The President does not have "inherent authority" or "inherent powers" that allow him to ignore a law passed by the US Congress. Presidential orders which contradict acts of Congress are illegal, and military officers are responsible for the execution of illegal commands, despite the nature of military Command hierarchy, chain of command. *''Myers v. United States,'' The President has the exclusive power to remove executive branch officials, and does not need the approval of the Senate or any other legislative body. * ''J. W. Hampton, Jr. & Co. v. United States'', United States Congress, Congressional delegation of legislative authority is an implied power of Congress that is constitutional so long as Congress provides an "intelligible principle" to guide the executive branch. * ''Springer v. Government of the Philippine Islands'', American Constitutions, both state and federal, divides the government into three separate departments - the legislative, executive, and judicial. This separation and the consequent exclusive character of the powers conferred upon each of the three departments is basic and vital - not merely a matter of governmental mechanism. It may be stated then, as a general rule inherent in the American constitutional system, that, unless otherwise expressly provided or incidental to the powers conferred, the legislature cannot exercise either executive or judicial power; the executive cannot exercise either legislative or judicial power; the judiciary cannot exercise either executive or legislative power. *''Humphrey's Executor v. United States,'' The President may not remove any appointee to an independent regulatory agency except for reasons that Congress has provided by law. *''Nixon v. General Services Administration'',
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
has the power to pass a law that directs the seizure and disposition of the papers and tapes of a former president that are within the control of the executive branch. * ''Immigration and Naturalization Service v. Chadha'', Congress may not promulgate a statute granting to itself a legislative veto over actions of the executive branch because such a veto is inconsistent with the bicameralism principle and Presentment Clause of the Constitution. *''Bowsher v. Synar,'' Congress cannot reserve removal power over executive officers to itself, except for Federal impeachment in the United States, impeachment. * ''Clinton v. City of New York'', The Line Item Veto Act of 1996, Line Item Veto Act is unconstitutional because it allows the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
to amend or repeal parts of statutes without the pre-approval of
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
. According to the Presentment Clause of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
, Congress must initiate all changes to existing laws.


Administrative law

*''United States ex rel. Accardi v. Shaughnessy,'' Administrative agencies are Obligee, obliged to follow their own regulations, policies and procedures. Under the Accardi Doctrine, federal agencies which do not follow their own regulations or procedures run the risk of having their actions invalidated if challenged in court. *''Citizens to Preserve Overton Park v. Volpe'', The case established the basic legal framework for judicial review of the actions of administrative agencies. *''Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.'', A List of United States federal agencies, government agency's interpretation of its own mandate from
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
is entitled to judicial deference if the authority is ambiguous and the agency's interpretation is permissible under the statute, regardless as to whether it is the best possible interpretation or an interpretation the Court would have made. *''Auer v. Robbins'', Agencies have the highest level of deference in interpreting their own regulations. However, deference is warranted only if the language of the regulation is ambiguous unless it is plainly erroneous or inconsistent with the regulation. The case expands ''Chevron'' deference by giving the agency the highest deference. *''Massachusetts v. Environmental Protection Agency'', Greenhouse gases are Air pollution, air pollutants, and the United States Environmental Protection Agency, Environmental Protection Agency may regulate their emission under the Clean Air Act (United States), Clean Air Act. *''Michigan v. EPA, Michigan v. Environmental Protection Agency'', The Environmental Protection Agency must consider costs when it regulates power plants under the Clean Air Act. *''West Virginia v. EPA, West Virginia v. Environmental Protection Agency'', (2022) The Environmental Protection Agency lacks broad authority to regulate carbon emissions.


Executive power


Domestic

* ''Youngstown Sheet & Tube Co. v. Sawyer'', The
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
cannot seize private property in the absence of either specifically enumerated authority under the Constitution or statutory authority given to him or her by
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
. Powers of the president of the United States#Commander-in-chief, Commander-in-chief powers do not extend to labor disputes. * ''United States v. Nixon'', The doctrine of executive privilege is legitimate; however, the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
cannot invoke it in criminal cases to withhold evidence. *''Harlow v. Fitzgerald,'' Presidential aides were not entitled to absolute immunity, but instead deserved qualified immunity. *''Halkin v. Helms,'' NSA does not have to disclose whether it has acquired the international communications of the plaintiffs and shared them with other federal agencies. *''Nixon v. Fitzgerald,'' The President is entitled to absolute immunity from legal liability for civil damages based on his official acts. The President is not immune from criminal charges stemming from his official or unofficial acts while he is in office. *''Clinton v. Jones'', The
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
has no immunity that could require civil law litigation against him or her involving a dispute unrelated to the office of President to be stayed until the end of his or her term. Such a delay would deprive the parties to the suit of the right to a speedy trial that is guaranteed by the Sixth Amendment. *''Trump v. Mazars USA, LLP'', The court laid out a four-factor balancing test that lower courts must weigh before determining if congressional subpoenas involving the President and his papers are valid. *''Trump v. Vance'', Article Two of the United States Constitution, Article II and Supremacy Clause, the supremacy clause of the U.S. Constitution do not categorically preclude, or require a heightened standard for, the issuance of a
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
criminal subpoena to a sitting president.


Foreign

* ''Chae Chan Ping v. United States'', Immigration statutes are constitutional even when conflicting with the terms of an international treaty. Congress has the Plenary power#Immigration law, plenary power to regulate all aspects of immigration; neither Congress nor Consular nonreviewability, federal consular officers are subject to judicial review. * ''The Paquete Habana'', The
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
may not issue exemptions to customary international law at discretion. Federal courts may look to customary international law because it is an integrated part of Law of the United States, American law. * ''United States v. Curtiss-Wright Export Corp.'', The
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
implies that the ability to conduct Foreign policy of the United States, foreign policy is vested entirely in the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
. The President has
plenary power A plenary power or plenary authority is a complete and absolute power to take action on a particular issue, with no limitations. It is derived from the Latin term ''plenus'' ("full"). United States In United States constitutional law, plenary p ...
in the foreign affairs field that does not depend on congressional delegation. * ''Medellín v. Texas'', International Treaty, treaties are not binding domestic law unless
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
enacts statutes implementing them or unless the treaties are self-executing. Also, decisions of the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
are not binding domestic law, and without authority from Congress or the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
, the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
lacks the power to enforce international treaties or decisions of the International Court of Justice. *''
Trump v. Hawaii ''Trump v. Hawaii'', No. 17-965, 585 U.S. ___ (2018), was a landmark United States Supreme Court case involving Presidential Proclamation 9645 signed by President Donald Trump, which restricted travel into the United States by people from sever ...
'', Executive Order 13780#Presidential Proclamation 9645, Presidential Proclamation 9645 did not violate the Immigration and Nationality Act, INA or the Establishment Clause by suspending the entry of aliens from several nations. Substantial deference must be accorded to the Executive in the conduct of foreign affairs and the exclusion of aliens.


Other areas


Voting and Redistricting

*''Baker v. Carr'', The redistricting of state legislative districts is not a political question, so it is justiciable by the federal courts. *''Wesberry v. Sanders'', The
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
requires that the members of the United States House of Representatives, House of Representatives be selected from districts composed, as nearly as is practicable, of equal population. *''Reynolds v. Sims'', The populations of state legislative districts must be as equal as mathematically possible so as to ensure equal protection. *''Harper v. Virginia State Board of Elections'', A state's conditioning of the
right to vote Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
on the payment of a Poll tax (United States), fee or tax violates the Equal Protection Clause of the Fourteenth Amendment. *''Shaw v. Reno'', Redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause while bodies doing redistricting must be conscious of race to the extent that they must ensure compliance with the Voting Rights Act of 1965. *''Rucho v. Common Cause'', Gerrymandering in the United States, Partisan gerrymandering claims present political questions beyond the reach of the federal courts.


Takings Clause

*''Berman v. Parker'', Under the Fifth Amendment to the United States Constitution#Takings Clause, Takings Clause of the Fifth Amendment, private property can be taken for a public purpose as long as just compensation is paid. *''Penn Central Transportation Co. v. New York City'', Whether a regulatory action that diminishes the value of a claimant's property constitutes a "taking" of that property within the meaning of the Fifth Amendment depends on several factors, including the economic impact of the regulation on the claimant, particularly the extent to which the regulation has interfered with distinct investment-backed expectations, as well as the character of the governmental action. *''Lucas v. South Carolina Coastal Council''. Established the "total takings" test, i.e. has the owner been deprived of all possible beneficial use of the property, in determining whether a regulation limiting use of the property constitutes a regulatory taking *''Dolan v. City of Tigard'', A government agency may not take property in exchange for benefits that are unrelated to the agency's interest in the property. *''Lingle v. Chevron U.S.A. Inc.'', Contrary to the holding of ''Agins v. City of Tiburon'', which held that a government regulation of private property effects a Fifth Amendment to the United States Constitution#Takings Clause, taking if such regulation does not substantially advance legitimate state interests, the test of whether a governmental regulation substantially advances a legitimate state interest is irrelevant to determining whether the regulation effects an uncompensated taking of private property in violation of the Fifth Amendment. *''Kelo v. City of New London'', Local government in the United States, Local governments may seize property for economic development purposes. Noted for converting the "public use" requirement of the Takings Clause to "public purpose."


Businesses/Corporations/Contracts

*''Laidlaw v. Organ'', Established the contract law legal principle, principle ''caveat emptor'' in the United States. *''Dartmouth College v. Woodward'', The
Contract Clause Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions are meant to protect individuals from intrusion by state governments and to kee ...
of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
applies to both public and private corporations. *''Lochner v. New York'', The freedom of contract is implicit in the Due Process Clause of the Fourteenth Amendment. *''West Coast Hotel Co. v. Parrish'', Minimum wage legislation is a valid regulation of the freedom of contract. *''Gregory v. Helvering'', Taxpayers have the right to decrease the amount of their taxes or to avoid them altogether by means which the law permits. However, a business reorganization must have economic substance in order to affect tax liability. *''United States v. South-Eastern Underwriters Association'', Businesses whose interstate aspect consists of negotiating and executing contracts with clients, such as insurers, are interstate commerce subject to antitrust law. *''Escola v. Coca-Cola Bottling Co.'', 24 Cal.2d 453, 150 P.2d 436 (1944) Important case in the development of the common law of product liability in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
based on the concurring opinion of California Supreme Court justice Roger Traynor who stated "that a manufacturer incurs an absolute liability when an article that he has placed on the market, knowing that it is to be used without inspection, proves to have a defect that causes injury to human beings." *''United States v. Paramount Pictures, Inc.'', Practice of block booking and ownership of theater chains by film studios constituted anti-competitive and monopolistic trade practices. *''Prima Paint Corp. v. Flood & Conklin Manufacturing Co.'', Where contracts have arbitration in the United States, arbitration clauses, courts must treat the clause as a separate contract. *''Southland Corp. v. Keating'', Federal Arbitration Act (FAA) governs contracts executed under state law as well as federal law. *''Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.'', Statutory claims as well as contractual ones are arbitrable under the FAA. *''Unocal Corp. v. Mesa Petroleum Co.'', 493 A.2d 946 (Delaware Supreme Court 1985) A board of directors may only try to prevent a take-over where it can be shown that there was a threat to corporate policy and the defensive measure adopted was proportional and reasonable given the nature of the threat. *''Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc.'', 506 A.2d 173 (Delaware Supreme Court 1986) in certain limited circumstances indicating that the "sale" or "break-up" of the company is inevitable, the fiduciary obligation of the board of directors, directors of a target corporation are narrowed significantly, the singular responsibility of the board being to maximize immediate stockholder value by securing the highest price available. *''United States v. Microsoft Corp.,'' 253 F.3d 34 (D.C. Circuit Court of Appeals, 2001) An attempt by the U.S. government to break up Microsoft as an illegal monopoly. *''AT&T Mobility LLC v. Concepcion'', The FAA pre-empts state laws prohibiting contracts from barring class-action arbitration.


Copyright/Patents

*''Wheaton v. Peters'', 33 U.S. (8 Pet.) 591 (1834) There is no common law copyright after a work's publication, and court reporters cannot hold copyrights on the cases compiled in the course of their work. Being notable for the first United States Supreme Court ruling on copyright. *''Diamond v. Chakrabarty'', Genetically modified organisms can be patented.Supreme Court Decision on Justia
/ref> According to the court a living, man-made micro-organism is patentable subject matter as a "manufacture" or "composition of matter" within the meaning of the Patent Act of 1952. *''Sony Corp. of America v. Universal City Studios, Inc.'', Manufacturers of home video recording machines cannot be liable for contributory copyright infringement for the potential uses by their purchasers because the devices are sold for legitimate purposes and have substantial non-infringing uses. Personal use of the machines to record broadcast television programs for later viewing constitutes fair use. *''Selle v. Gibb'', 741 F. 2d 896 (7th Cir. 1984) Substantial similarity is not enough in the absence of proof of access. Evidence of access must extend beyond mere speculation. ''De rigueur'', not a Supreme Court case but only of the Court of Appeals of the Seventh Circuit, and therefore binding precedent only within its jurisdiction (Illinois, Indiana, and Wisconsin). *''Feist v. Rural, Feist Publications, Inc. v. Rural Telephone Service Company, Inc.'', Originality, not sweat of the brow, is required for a work to obtain Copyright law of the United States, copyright protection. *''A&M Records, Inc. v. Napster, Inc.'', '
239 F.3d 1004 (2001)
'' Peer-to-peer (P2P) file-sharing service Napster could be held liable for Contributory copyright infringement, contributory infringement and Perfect 10, Inc. v. Visa Int'l Serv. Ass'n#Vicarious copyright infringement, vicarious infringement of copyrights. *''Association for Molecular Pathology v. Myriad Genetics, Inc.'', Naturally occurring DNA sequences, even when isolated from the body, cannot be patented, but artificially created DNA is patent eligible because it is not naturally occurring. *''Alice Corp. v. CLS Bank International'', Software that merely uses generic computing hardware to perform a pre-existing abstract idea is not patent eligible.


Other

*''Swift v. Tyson'', Federal courts hearing cases were bound to follow the statutory laws of states that they were asked to enforce, but not the state's common law. The goal was to encourage the development of a
federal common law Federal common law is a term of United States law used to describe common law that is developed by the federal courts, instead of by the courts of the various states. The United States is the only country to combine the creation of common law do ...
; since that did not occur, the decision was overruled almost a century later by ''Erie Railroad Co. v. Tompkins''. *''Luther v. Borden'', Established the political question doctrine in controversies arising under the Guarantee Clause of Article Four of the United States Constitution. *''Selective Draft Law Cases'', The Selective Service Act of 1917 and, more generally, Conscription in the United States, conscription do not violate the Thirteenth Amendment's prohibition of involuntary servitude or the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
's protection of the freedom of thought. *''Dillon v. Gloss'',
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
may set a deadline for the ratification of a new List of amendments to the United States Constitution, constitutional amendment if it wishes to do so. *''Connally v. General Construction Co.'', The U.S. Supreme Court established the vagueness doctrine whereby a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand or if a term cannot be strictly defined and is not defined anywhere in such law. *''Village of Euclid v. Ambler Realty Co.'', Zoning in the United States, Zoning laws are not an unreasonable extension of local police power and do not have the character of arbitrary fiat. *''Erie Railroad Co. v. Tompkins'', Federal courts in diversity jurisdiction cases must apply the law of the states in which they sit, including the judicial doctrine of the State supreme court, state's highest court, where it does not conflict with
federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many po ...
. There is no general
federal common law Federal common law is a term of United States law used to describe common law that is developed by the federal courts, instead of by the courts of the various states. The United States is the only country to combine the creation of common law do ...
. *''Coleman v. Miller'', A proposed amendment to the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
is considered pending before the states indefinitely unless
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
establishes a deadline by which the states must act. Furthermore, Congress—not the courts—is responsible for deciding whether an amendment has been validly ratified. *''Burford v. Sun Oil Co.'', Abstention doctrine, under which federal courts in diversity of citizenship, diversity jurisdiction can let state courts hear cases under certain circumstances, created *'' Reid v. Covert'', The
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
supersedes all treaty, treaties ratified by the United States Senate, Senate. *''Gravel v. United States'', The privileges of the Constitution's Speech or Debate Clause enjoyed by members of Congress also extend to Congressional aides, but not to activity outside the legislative process. *''Canterbury v. Spence'' (464 F.2d. 772, 782 D.C. Cir. 1972). In medical malpractices cases, informed consent is required of the patient and no expert is required for the case to be heard by a jury. *''Colorado River Water Conservation District v. United States'' Greatly revised and extended the circumstances under which the abstention doctrine, under which federal courts can decline jurisdiction they would otherwise assert, applies. *''Daubert v. Merrell Dow Pharmaceuticals'', Scientific evidence that is admitted in federal court must be valid and relevant to the case at hand.


References

{{DEFAULTSORT:List Of Landmark Court Decisions In The United States History of the Supreme Court of the United States Lists of United States Supreme Court cases, Landmark Lists of United States Supreme Court opinions by status United States case law lists