
The Supreme Court plays a critical role in interpreting the US Constitution and ensuring that laws and government actions do not violate it. This power of judicial review allows the Court to strike down laws and government actions that conflict with the Constitution, safeguarding individual rights and liberties. The Court's rulings on constitutional issues have had a profound impact on American society, with landmark cases shaping history and influencing various aspects of life, from education and civil rights to free speech and privacy. While the number of court cases based directly on the Constitution is challenging to determine, the Supreme Court agrees to hear approximately 100 to 150 of the over 7,000 cases it is requested to review annually.
| Characteristics | Values |
|---|---|
| Number of justices | 9 (1 Chief Justice and 8 Associate Justices) |
| Landmark cases | Marbury v. Madison, Rasul v. Bush, Hamdan v. Rumsfeld, Bostock v. Clayton County, Gideon, Lochner v. New York, Gitlow v. New York, Tinker v. Des Moines, Bethel School District #43 v. Fraser, Board of Education of Independent School District #92 of Pottawatomie County v. Earls, Veronia School District v. Acton, McCulloch v. Maryland, Miranda v. Arizona, New Jersey v. T.L.O., Brown v. Board of Education, Mendez v. Westminster, Cooper v. Aaron, Plessy v. Ferguson |
| Jurisdiction | Original jurisdiction over cases between two or more states, cases involving ambassadors and other public ministers, and appellate jurisdiction over almost any other case involving a point of constitutional and/or federal law |
| Powers | Judicial review, ensuring each branch of government recognizes its own limits, protecting civil rights and liberties, and setting limits on democratic government |
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Students' rights
One notable case is Tinker v. Des Moines Independent Community School District (1969), where students wore black armbands to school to protest the Vietnam War. The Supreme Court ruled in favor of the students, affirming their right to freedom of speech and expression, even in a school setting. This case established that students do not "shed their constitutional rights at the schoolhouse gate."
Another important case is West Virginia State Board of Education v. Barnette (1943), which dealt with the religious objections of Jehovah's Witnesses students who refused to participate in the Pledge of Allegiance. The Court upheld the students' First Amendment rights, reversing an earlier decision in Minersville School District v. Gobitis (1940), which had allowed the expulsion of students for not reciting the pledge.
In New Jersey v. TLO (1985), the Supreme Court addressed students' privacy rights in the context of school searches. While recognizing students' legitimate expectation of privacy, the Court also allowed school officials to conduct "reasonable" searches for evidence of wrongdoing.
Wisconsin v. Yoder (1972) involved the Old Order Amish religion and the Conservative Amish Mennonite Church, who refused to send their children to public school beyond the age of 14 or 15. The Supreme Court unanimously ruled in their favor, agreeing that state-compelled education laws violated their faith and that the values of public school were in "sharp conflict" with their way of life.
Other cases have addressed equal protection and affirmative action in education. In Brown v. Board of Education, the Warren Court unanimously struck down the "separate but equal" doctrine, ending legally mandated race-segregated schools and affirming that "separate educational facilities are inherently unequal." In Parents Involved in Community Schools v. Seattle (2007), the Supreme Court ruled that race-based classifications in affirmative action policies must be "narrowly tailored" to a "compelling government interest."
These cases demonstrate the significant impact of students' rights cases on the interpretation and application of the US Constitution in the educational context. They continue to shape the understanding of students' freedoms and protections in American public schools.
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Racial segregation
The Brown v. Board of Education case began in 1951 when the National Association for the Advancement of Colored People (NAACP) filed a class action lawsuit against the Board of Education in Topeka, Kansas. The lawsuit was initiated by 13 African American parents on behalf of their children, including Oliver Brown, whose daughter was required to attend a segregated school far from their home while a white school was located nearby. The case was actually a combination of five similar cases involving segregation in public schools in Kansas, Delaware, Virginia, South Carolina, and the District of Columbia.
The Supreme Court, in a unanimous decision written by Chief Justice Earl Warren, sided with the parents and students, overturning the "separate but equal" doctrine established in the earlier Plessy v. Ferguson case and declaring that racial segregation in public education violated the 14th Amendment by depriving students of equal educational opportunities. This decision marked a significant shift in the legal landscape surrounding racial segregation and set a precedent for future challenges to discriminatory laws and practices.
Another important case related to racial segregation is Plessy v. Ferguson, which was decided in 1896. In this case, the Supreme Court ruled that state laws requiring racial segregation in public facilities, such as railroads, did not violate the U.S. Constitution as long as the separate facilities for each race were equal in quality. This ruling legitimized the many state "Jim Crow" laws that re-established racial segregation in the American South after the end of the Reconstruction era. The “separate but equal” doctrine established by Plessy had far-reaching consequences, erasing legislative achievements of the Reconstruction Era and entrenching racial segregation in public life.
In conclusion, these two cases, Brown v. Board of Education and Plessy v. Ferguson, represent key moments in the legal battle against racial segregation in the United States. While Plessy v. Ferguson institutionalized segregation and created a legal framework for its continuation, Brown v. Board of Education overturned this precedent and marked a turning point toward racial equality in education, setting the stage for further advancements in civil rights. These cases demonstrate the critical role of the courts in interpreting and shaping constitutional rights, as well as the ongoing struggle for racial justice in the United States.
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LGBTQ+ rights
One notable case is Obergefell v. Hodges (2015), which established that the Fourteenth Amendment requires states to license and recognize marriages between same-sex couples. This case marked a significant shift from an earlier decision, Bowers v. Hardwick (1986), which upheld the constitutionality of laws criminalizing sodomy. In Lawrence v. Texas (2003), the Court affirmed the liberty protected by the Constitution, allowing homosexual persons the right to choose to enter upon relationships while retaining their dignity as free persons.
Another important case is Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (2018), which addressed the conflict between anti-discrimination laws and the religious beliefs of business owners who objected to creating works that recognised same-sex marriages. The Court's decision protected the civil rights of gay persons and couples while also upholding religious objections to same-sex marriage as protected views and forms of expression.
The Supreme Court has also considered the application of Title VII of the Civil Rights Act of 1964 to LGBTQ+ individuals. In Bostock v. Clayton County (2020), the Court ruled that employers cannot fire individuals merely for being gay or transgender, as this violates Title VII's prohibition on discrimination based on sex. This decision expanded the interpretation of Title VII to include discrimination based on sexual orientation and gender identity.
In addition to these cases, there have been ongoing debates about the inclusion of LGBTQ+ themes in education. Recent Supreme Court cases have addressed the use of LGBTQ+ books in schools, with parents seeking to opt their children out of such content for religious reasons. These cases reflect the ongoing struggle between religious rights and the inclusion of LGBTQ+ perspectives in education.
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Free speech
The First Amendment to the U.S. Constitution guarantees the right to free speech, which is considered the foundation of all other First Amendment freedoms. Free speech is essential for protecting minority viewpoints from being overshadowed by the majority or the government. While the right to free speech is fundamental, it is not absolute and does not protect certain forms of expression, such as obscenity or true threats.
The Supreme Court has played a significant role in interpreting and defining the boundaries of free speech. Landmark cases have addressed the question of what constitutes "speech" under the First Amendment, extending beyond spoken and written words to include symbolic and nonverbal expressions, such as flag burning and wearing armbands. In Schenck v. United States (1919), Justice Holmes famously stated that the First Amendment does not give one the right "to falsely shout fire in a crowded theatre".
The Supreme Court has also weighed in on cases involving political speech and the government's ability to restrict it. In Citizens United v. FEC (2010), the Court ruled that the government may not suppress political speech based on the speaker's corporate identity. Similarly, in Pleasant Grove City v. Summum (2009), the Court held that the placement of a permanent monument in a public park is a form of government speech, exempt from scrutiny under the Free Speech Clause.
The intersection of free speech and obscenity has also been explored in court cases. In Joseph Burstyn, Inc. v. Wilson (1952), the Court ruled that motion pictures are included in the First Amendment's guarantee of free speech and press, and prior restraint based on censorship is unconstitutional. However, in United States et al. v. American Library Association, Inc. et al. (2003), the Supreme Court upheld the Children's Internet Protection Act, allowing libraries to install filters to block obscene or harmful content for minors.
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Privacy rights
The topic of privacy rights has been a highly contested issue in the United States, with several court cases debating and defining the extent of constitutionally protected privacy rights. The Fourteenth Amendment, which states that the government cannot infringe upon "life, liberty, or property" without ""due process of law", has been central to many of these cases.
One of the most notable cases is Griswold v. Connecticut (1965), where the Supreme Court found a right to privacy, derived from the penumbras of other explicitly stated constitutional protections. The Court used personal protections expressly stated in the First, Third, Fourth, Fifth, and Ninth Amendments to establish an implied right to privacy in the Constitution. This case involved Estelle Griswold, the director of a Planned Parenthood clinic in Connecticut, who was arrested for violating a state statute prohibiting counseling and prescribing birth control to married couples. The Supreme Court's decision, based on the presumption of a constitutionally protected right to privacy, was controversial, with two justices writing dissenting opinions.
Griswold set a precedent for numerous privacy-related cases, including Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In Roe v. Wade, the Supreme Court extended the right to privacy to encompass an individual's right to have an abortion, stating that the right "is broad enough to encompass a woman's decision whether or not to terminate her pregnancy." However, this decision was recently overturned by the Supreme Court in the Dobbs case, which ruled that abortion laws did not violate the right to privacy.
Another significant case is Eisenstadt v. Baird (1971), where the Supreme Court extended the right to privacy to unmarried couples in the context of purchasing contraceptives. The Court found that "the constitutionally protected right of privacy inheres in the individual, not the marital couple." Lawrence v. Texas (2003) is also notable, as the Court used the Fourteenth Amendment to extend privacy rights to "persons of the same sex [who choose to] engage in... sexual conduct," striking down state "sodomy" laws.
While the Fourteenth Amendment has been used to expand privacy rights, there have also been cases where it was interpreted to limit them. For example, in Plessy v. Ferguson (1896), the Supreme Court upheld a Louisiana law requiring separate train cars for black and white residents, finding that it did not violate the Fourteenth Amendment's Equal Protection Clause as long as the accommodations were "separate but equal." This decision was later overturned by the Brown decision, which held that state-mandated school segregation violated the Equal Protection Clause, as "separate educational facilities are inherently unequal."
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