Precedents
Precedents Cont.
Facts
Decision
100

This case set the precedent of judicial review.

Marbury v. Madison (1803)

100

This case set the precedent that unduly restrictive state regulation of abortion is unconstitutional.

Roe v Wade (1973)

100

In this case, the president argued that prior restraint was necessary to protect national security.

NY Times v. U.S.  (1971)

100

Unanimous for petitioner.

6th Amendment guarantee of a right to an attorney applies to criminal defendants in state court through the 14th Amendment.

Gideon v. Wainwright (1963)

200

This case overturned the separate but equal precedent set in Plessy v Ferguson.

Brown v. Board of Education (1954)

200

This case set the precedent that the 1st amendment does not protect speech that approaches creating a clear and present danger of a significant evil that Congress has power to prevent

Schenck v. U.S. (1919)

200

 NC residents challenged the constitutionality of a congressional district, alleging that its only purpose was to secure the election of additional black representatives.

Shaw v. Reno (1993)

200

The law in question does not have “economic activity” enough to justify use of the Commerce Clause.

U.S. v. Lopez (1995)

300

This case set the precedent that a state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion.

Engel v Vitale (1962)

300

This case established the precedent that racial gerrymandering is unconstitutional, even when done in favor of a minority group.

Shaw v. Reno (1993)

300

A resident of the state challenged gun bans, stating that the gun laws violated the 2nd amendment right to bear arms.

McDonald v Chicago (2010)

300

6-1 for petitioner.

By providing prayer, New York was authorizing religion (violation of Establishment Clause)

Engel v. Vitale (1962)

400

This case developed the precedent that parents were allowed to educate their children outside of either the public school system or traditional private schools. In doing so, it prioritized the free exercise of religion over state interests. 

Wisconsin v Yoder (1972)

400

This case established the concept of national supremacy and broadened the scope of congressional powers.

McCulloch v. Maryland (1819)

400

Members of a religious group argued that a state law requiring kids to go to a public school until age 16 violated their 1st amendment right to free exercise.

Wisconsin v. Yoder (1972)

400

Unanimous for the respondent.

1st Amendment does not protect speech that approaches creating a clear and present danger of a significant evil

Schenck v. U.S. (1919)

500

This case set the precedent that federal courts have jurisdiction over questions of legislative apportionment. Also established the “One person, one vote” standard.

Baker v Carr (1961)

500

This case established that public school officials cannot censor student expression unless they can reasonably forecast that the speech will substantially disrupt school activities or invade the rights of others. 

Tinker v. Des Moines (1969)

500

Students were suspended from school for wearing black arm bands in protest of the Vietnam War.

Tinker v. Des Moines (1969)

500

Unanimous for petitioner.

Necessary and Proper Clause allows the government to establish institutions not specifically written in the Constitution.

McCulloch v. Maryland (1819)