Landmark Decisions of the Supreme Court

If a law conflicts with the constitution, the court must go with the constitution. Established judicial review - power to declare laws unconstitutional

Georgia couldn't revoke a land grant after it was sold to 3rd party. Contracts, including sales agreements, protected by constitution 

Constitution gives both implied and explicit powers to Congress. Implied powers are necessary to carry out express powers. Taxing Bank of US, etc

N. Hampshire couldn't alter a royal charter and make the institution a state college. Charters are contracts, which are protected constitutionally from state interference; Daniel Webster

The president exceeded his power by siezing control of the steel mills during Korean War, even to prevent strike

President can't withhold evidence during a criminal trial. The president's executive privilege and privacy isn't unlimited.

No president can be sued for damages caused by any official action while in office. Applies to civil suits, not criminal prosecutions, etc

Powers of the federal government superior to states' in all matters of interstate commerce.

Law limiting bakers to a 60-hour week was unconstitutional because it violated "freedom of contract"

The Natl. Industrial Recovery Act of 1933 (provided fair-competition business codes) was unconstitutional

Citizens can challenge unfair distribution of state legislative seats before federal court.

U.S. House of Reps. and both houses of state legislatures must follow "one person, one vote" paradigm. Election districts must be approx. equal in population.

The government can restrict freedom of speech in cases of "clear and present danger."

Freedom of the press protects obscene materials that met certain standards.

A newspaper can't be punished for untrue statements about public officials unless it deliberately printed the falsehood.

The government can't punish a person for advocating ideas.

Material can be considered obscene if it fulfills certain court-established requirements

The government can't punish people for burning the U.S. Flag in peaceful protest

Public schools can't require prayer recitations

A city or town can include a creche (Nativity scene) in its Christmas display

Military can't try civilians outside military areas if civil courts are available

Evidence obtained by illegal means is inadmissable in criminal trials

States must provide free counsel to any accused felons if they can't afford a lawyer.

Accused persons must be informed of various constitutional rights before being questioned.

States must provide free legal counsel to people accused of misdemeanors that are facing jail if they can't afford a lawyer

Death penalty (as of 1972) was unconstitutional by 8th and 14tth amendments.

Death penalty is constitutional when statutes adequetely guide its use.

Blacks could not be US citizens and Congress couldn't prohibit slavery in US territories. Overturned by 13th/14th amendments.

"Separate but equal" public facilities based on race were constitutional. Reversed in 1954.

Government could lawfully remove persons of Japanese ancestry from areas threatened by Japanese attack during WWII

State or federal courts can't enforce restrictive covenants (agreements to prevent real-estate discrimination)

Separate but equal facilities are unconstitutional, esp. in the public school setting

States can't prohibit woman's right to abortion during first trimester and may do so only in certain circumstances during second trimester. May prohibit abortion if the fetus is viable.

University admissions departments can't use specific quotas to achieve racial balance, but they may give special consideration to minority groups

States may outlaw abortions in public hospitals and clinics and prohibit public employees from assisting. May also require tests to determine if fetus is viable.

States may not forbid laws that are designed to protect homosexuals from discrimination