INTRODUCTION
The first case ever filed in the US Supreme Court was Van Straphorts v. Maryland, docketed in 1791. It was settled before arguments were even heard. Reading what little information was available to us, we imagined what it must have been like, perhaps like a scene that happens every day in the modern courts - nervous and dry-mouthed parties reaching a moment of reason, or even sanity, to arrive upon a settlement before a court decides for them, taking what precious options they thought they had. The distinction of being the first case ever decided by the Supreme Court went to the second case ever filed entitled West v. Barnes, a dispute that had the potential of overturning a ruling by a lower court. Instead, the issues were decided on procedural grounds.
From those early sessions in the early 1790’s, the Supreme Court have since rendered some 590 decisions, every one leaving an imprint on the way we Americans negotiate with our lives, at least until it is overturned by a future court. So, when the decision to create a list of 14 Top Supreme Court cases was made, the daunting feeling that permeates such challenges immediately followed. Just reading the cases would have required months of concentrated work. We’ve already been exposed to some of these pages in the past but needed a way to vet through all of them. So, we injected a modern innovation into the inquiry and used a technique called data mining. We utilized the internet to find pages of expert sources on the subject and identified all the cases that were commonly on all the lists. Then, the list was whittled down to its final count.
Initially the list included 22 cases narrowed to 15 and finally down to 14. The 15th case happened to be Nixon v. U.S. (1974). We purposefully did not include it because the issue seemed straight forward that it gave one the impression Nixon was using it merely as a delay tactic. In that case, Nixon wanted to invoke “Presidential Privileges” to quash a subpoena asking that he surrender audio tapes. The court found that invoking privileges requires a showing of proof that the information being shielded from the public is of a sensitive nature - such as diplomatic communications or military secrets. It was neither. In the end the court ruled against Nixon and ordered him to surrender the tapes, setting the conclusion to the Watergate scandals.
Of the many Supreme Court cases decided, Madison v. Marbury (1801) has been universally regarded as the single most important Supreme Court decision in the history of this country. It established the court’s power for judicial review. In effect it gave the court the final and binding decision on what a particular law means. For instance, under this legal doctrine, Roe v. Wade can never be reversed by legislation or a decree by the executive branch of the government. It can only be reversed by another ruling by the Supreme Court.
All the decisions on the list were fascinating displays of humanity, complete with its sensitivity to personal consequence and its foibles. One case, Scott v. Sanford (1857) sought the Supreme Court’s determination on whether or not he, Dred Scott, an African-American whose ancestors were brought to America forcibly, was a free person or a slave. The court decided that he was a slave. Beyond that, the court also ruled that he cannot sue in court. Clearly, that decision was the product of the conventions and sensibilities that existed at the time. Fortunately, the character of our laws provide a way to change such rulings in the form of case laws, so as to meet the needs of future generations. Although some of the decisions on the list may appear unjust, the process by which the court arrived at the decisions were always thoughtful, exhibiting an intellectual caliber unique to the position and giving a sense of the institution’s importance and permanence in American life.
THE RULINGS
MARBURY V. MADISON (1801)
The case raised the issue of whether laws passed by an act of legislation are final. The court held that the court has the power to review any laws passed by Congress to ensure it is in accordance with statutes, regulations, treaties and other laws including the Constitution. In its opinion, the court noted that "the fundamental and paramount law of the nation" and that "an act of the legislature repugnant to the Constitution is void." In other words, when the Constitution--the nation's highest law--conflicts with an act of the legislature, that act is invalid.” In effect, it established the Supreme Court’s power of judicial review.
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McCULLOCH v. MARYLAND (1819)
The case raised two questions. (1) Does Congress have powers to establish banks? (2) Does Maryland laws unconstitutionally interfere with powers vested with Congress. The case established the following two principles:
(1) The Constitution places in the hands of Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government.
(2) State action may not impede valid constitutional exercises of power by the Federal government.
In its opinion the court noted, "the constitution and the laws made in pursuance thereof are supreme. . . they control the constitution and laws of the respective states, and cannot be controlled by them."
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GIBBONS v. OGDEN (1824)
The case raised the question of who, between the State of New York and the Congress, has the power to regulate interstate commerce. The court ruled that the state’s laws were inconsistent with the Supremacy Clause, thereby vesting in the Congress the power to regulate interstate commerce. The decision underscored the possibility of states charging excessive fees from out-of state operators to give its resident operators an unfair advantage. The court also gave a clear definition of the word commerce, including navigation on interstate waterways.
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SCOTT v. SANDFORD (1857)
The case raised the question of whether or not Dred Scott was free or a slave. The court concluded that he was in fact a slave. In the opinion, the Supreme Court also held the following:
(1) People of African origin, mostly slaves, were not protected by the Constitution.
The first case ever filed in the US Supreme Court was Van Straphorts v. Maryland, docketed in 1791. It was settled before arguments were even heard. Reading what little information was available to us, we imagined what it must have been like, perhaps like a scene that happens every day in the modern courts - nervous and dry-mouthed parties reaching a moment of reason, or even sanity, to arrive upon a settlement before a court decides for them, taking what precious options they thought they had. The distinction of being the first case ever decided by the Supreme Court went to the second case ever filed entitled West v. Barnes, a dispute that had the potential of overturning a ruling by a lower court. Instead, the issues were decided on procedural grounds.
From those early sessions in the early 1790’s, the Supreme Court have since rendered some 590 decisions, every one leaving an imprint on the way we Americans negotiate with our lives, at least until it is overturned by a future court. So, when the decision to create a list of 14 Top Supreme Court cases was made, the daunting feeling that permeates such challenges immediately followed. Just reading the cases would have required months of concentrated work. We’ve already been exposed to some of these pages in the past but needed a way to vet through all of them. So, we injected a modern innovation into the inquiry and used a technique called data mining. We utilized the internet to find pages of expert sources on the subject and identified all the cases that were commonly on all the lists. Then, the list was whittled down to its final count.
Initially the list included 22 cases narrowed to 15 and finally down to 14. The 15th case happened to be Nixon v. U.S. (1974). We purposefully did not include it because the issue seemed straight forward that it gave one the impression Nixon was using it merely as a delay tactic. In that case, Nixon wanted to invoke “Presidential Privileges” to quash a subpoena asking that he surrender audio tapes. The court found that invoking privileges requires a showing of proof that the information being shielded from the public is of a sensitive nature - such as diplomatic communications or military secrets. It was neither. In the end the court ruled against Nixon and ordered him to surrender the tapes, setting the conclusion to the Watergate scandals.
Of the many Supreme Court cases decided, Madison v. Marbury (1801) has been universally regarded as the single most important Supreme Court decision in the history of this country. It established the court’s power for judicial review. In effect it gave the court the final and binding decision on what a particular law means. For instance, under this legal doctrine, Roe v. Wade can never be reversed by legislation or a decree by the executive branch of the government. It can only be reversed by another ruling by the Supreme Court.
All the decisions on the list were fascinating displays of humanity, complete with its sensitivity to personal consequence and its foibles. One case, Scott v. Sanford (1857) sought the Supreme Court’s determination on whether or not he, Dred Scott, an African-American whose ancestors were brought to America forcibly, was a free person or a slave. The court decided that he was a slave. Beyond that, the court also ruled that he cannot sue in court. Clearly, that decision was the product of the conventions and sensibilities that existed at the time. Fortunately, the character of our laws provide a way to change such rulings in the form of case laws, so as to meet the needs of future generations. Although some of the decisions on the list may appear unjust, the process by which the court arrived at the decisions were always thoughtful, exhibiting an intellectual caliber unique to the position and giving a sense of the institution’s importance and permanence in American life.
THE RULINGS
MARBURY V. MADISON (1801)
The case raised the issue of whether laws passed by an act of legislation are final. The court held that the court has the power to review any laws passed by Congress to ensure it is in accordance with statutes, regulations, treaties and other laws including the Constitution. In its opinion, the court noted that "the fundamental and paramount law of the nation" and that "an act of the legislature repugnant to the Constitution is void." In other words, when the Constitution--the nation's highest law--conflicts with an act of the legislature, that act is invalid.” In effect, it established the Supreme Court’s power of judicial review.
CLICK TO READ SYLLABUS
McCULLOCH v. MARYLAND (1819)
The case raised two questions. (1) Does Congress have powers to establish banks? (2) Does Maryland laws unconstitutionally interfere with powers vested with Congress. The case established the following two principles:
(1) The Constitution places in the hands of Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government.
(2) State action may not impede valid constitutional exercises of power by the Federal government.
In its opinion the court noted, "the constitution and the laws made in pursuance thereof are supreme. . . they control the constitution and laws of the respective states, and cannot be controlled by them."
CLICK TO READ SYLLABUS
GIBBONS v. OGDEN (1824)
The case raised the question of who, between the State of New York and the Congress, has the power to regulate interstate commerce. The court ruled that the state’s laws were inconsistent with the Supremacy Clause, thereby vesting in the Congress the power to regulate interstate commerce. The decision underscored the possibility of states charging excessive fees from out-of state operators to give its resident operators an unfair advantage. The court also gave a clear definition of the word commerce, including navigation on interstate waterways.
CLICK TO READ SYLLABUS
SCOTT v. SANDFORD (1857)
The case raised the question of whether or not Dred Scott was free or a slave. The court concluded that he was in fact a slave. In the opinion, the Supreme Court also held the following:
(1) People of African origin, mostly slaves, were not protected by the Constitution.
(2) Because of their origins they could never be citizens.
(3) Congress had no authority to prohibit slavery.
(4) Slaves, because they are not citizens cannot sue in court.
(5) Slaves were properties and could not be seized from owners without due process.
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PLESSY v. FERGUSON (1896)
The case raised the question of whether racial segregation in private businesses was Constitutional. The court held that the policy of segregation was constitutional under the doctrine of “separate and equal” which states that the facilities, services or accommodations subject to the segregation must be equal in quality with that of the other group. The opinion also said, "in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equality, or a commingling of the two races unsatisfactory to either.”
CLICK TO READ SYLLABUS
SCHENK v. U.S. (1919)
The case raised the issue of an individual’s right to object to a war that he or she felt was immoral. The court ruled that nobody can use free speech as a way to endanger somebody else. The court also upheld the Espionage Act of 1917 and established the test of “Clear and Present Danger.” In the opinion, Justice Holmes wrote, "(t)he question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." During wartime, utterances tolerable in peacetime can be punished.”
CLICK TO READ SYLLABUS
BROWN v. BOARD OF EDUCATION (1954)
The case raised the question of whether or not the segregation of white and black kids solely on the basis of race was a violation of an individual’s constitutional rights. The court ruled that such an arrangement was a violation of the Fourteenth Amendment’s equal protection clause in so far as separate facilities are generally and inherently unequal in terms of buildings, curricula, qualifications, and teacher salaries. The case overturned the Plessy v. Ferguson case that allowed state sanctioned segregation.
CLICK TO READ SYLLABUS
MAPP v. OHIO (1961)
The case raised the issue of whether pornographic materials where protected by the First Amendment and that materials seized in violation of the Fourth Amendment which protects from “unreasonable searches and seizures” admissible in court. The court brushed aside the First Amendment issue and citing the exclusionary rule declared that "all evidence obtained by searches and seizures in violation of the Constitution is, by (the Fourth Amendment), inadmissible in a state court." The ruling was also extended to federal courts.
CLICK TO READ SYLLABUS
GIDEON v. WAINWRIGHT (1963)
The case raised the issue of an inmate’s right to a fair and equitable trial under the Constitution. Invoking provisions of the Fourteenth Amendment and the Sixth Amendment, the court ruled that state courts have the responsibility of providing legal counsel to defendants who could not afford an attorney, particularly those charged for a capital offense. In its opinion, Justice Black wrote that the "obvious truth" that a fair trial for a poor defendant could not be guaranteed without the assistance of counsel” and that "lawyers in criminal courts are necessities, not luxuries."
CLICK TO READ SYLLABUS
WESBERRY v. SANDERS (1964)
The case raised the issue of how much weight a person’s vote has in an election. The court ruled that every person’s vote carries equal weight, noting that "no right is more precious" than that of having a voice in elections and held that “[t]o say that a vote is worth more in one district than in another would not only run counter to our fundamental ideas of democratic government, it would cast aside the principle of a House of Representatives elected 'by the People. . .”
CLICK TO READ SYLLABUS
MIRANDA v. ARIZONA (1966)
The case raised questions of an individual’s rights while under detention or arrest in the hands of law enforcement authorities. The court ruled that any information provided by a defendant in response to questioning by authorities can only be used in a trial if the defendant was informed of his or her rights. This includes the right to an attorney during questioning. The detainee must also be made aware that any information provided can be used against him or her in trial. This case was the basis for the “Miranda Warning” universally used by the law enforcement community when apprehending a suspect.
CLICK TO READ SYLLABUS
ROE v. WADE (1973)
The case raised the question of a woman’s right to choose between keeping a pregnancy or terminating it by abortion. The court held that the woman’s right to choose to keep or terminate a pregnancy by abortion falls under her right to privacy protected by the Fourteenth Amendment and stated it in the following manner: “A state criminal abortion statute of the current Texas type, that excepts from criminality only a lifesaving procedure on behalf of the mother, without regard to pregnancy stage and without recognition of the other interests involved, is violative of the Due Process Clause of the Fourteenth Amendment.”
CLICK TO READ SYLLABUS
REGENTS OF U.C. v. BAKKE (1978)
The case raised the issue of “Affirmative Action” as a constitutionally permissible policy in admitting students into the UC university system. There were 16 spots reserved for minority or less-advantaged medical school students. Despite scores and grades that exceeded that of the 16 others that were earlier admitted, Bakke’s application was turned down twice. The court ruled that the UC violated the equal protection clause of the Fourteenth Amendment and ordered Bakke admitted into UC’s medical school.
CLICK TO READ SYLLABUS
TEXAS v. JOHNSON (1989)
The case raised the issue of a person’s right to burn an American flag. The court ruled that a person’s right to burn the American flag is protected by the First Amendment. The court noted that, "[i]f there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."
CLICK TO READ SYLLABUS
(3) Congress had no authority to prohibit slavery.
(4) Slaves, because they are not citizens cannot sue in court.
(5) Slaves were properties and could not be seized from owners without due process.
CLICK TO READ SYLLABUS
PLESSY v. FERGUSON (1896)
The case raised the question of whether racial segregation in private businesses was Constitutional. The court held that the policy of segregation was constitutional under the doctrine of “separate and equal” which states that the facilities, services or accommodations subject to the segregation must be equal in quality with that of the other group. The opinion also said, "in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equality, or a commingling of the two races unsatisfactory to either.”
CLICK TO READ SYLLABUS
SCHENK v. U.S. (1919)
The case raised the issue of an individual’s right to object to a war that he or she felt was immoral. The court ruled that nobody can use free speech as a way to endanger somebody else. The court also upheld the Espionage Act of 1917 and established the test of “Clear and Present Danger.” In the opinion, Justice Holmes wrote, "(t)he question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." During wartime, utterances tolerable in peacetime can be punished.”
CLICK TO READ SYLLABUS
BROWN v. BOARD OF EDUCATION (1954)
The case raised the question of whether or not the segregation of white and black kids solely on the basis of race was a violation of an individual’s constitutional rights. The court ruled that such an arrangement was a violation of the Fourteenth Amendment’s equal protection clause in so far as separate facilities are generally and inherently unequal in terms of buildings, curricula, qualifications, and teacher salaries. The case overturned the Plessy v. Ferguson case that allowed state sanctioned segregation.
CLICK TO READ SYLLABUS
MAPP v. OHIO (1961)
The case raised the issue of whether pornographic materials where protected by the First Amendment and that materials seized in violation of the Fourth Amendment which protects from “unreasonable searches and seizures” admissible in court. The court brushed aside the First Amendment issue and citing the exclusionary rule declared that "all evidence obtained by searches and seizures in violation of the Constitution is, by (the Fourth Amendment), inadmissible in a state court." The ruling was also extended to federal courts.
CLICK TO READ SYLLABUS
GIDEON v. WAINWRIGHT (1963)
The case raised the issue of an inmate’s right to a fair and equitable trial under the Constitution. Invoking provisions of the Fourteenth Amendment and the Sixth Amendment, the court ruled that state courts have the responsibility of providing legal counsel to defendants who could not afford an attorney, particularly those charged for a capital offense. In its opinion, Justice Black wrote that the "obvious truth" that a fair trial for a poor defendant could not be guaranteed without the assistance of counsel” and that "lawyers in criminal courts are necessities, not luxuries."
CLICK TO READ SYLLABUS
WESBERRY v. SANDERS (1964)
The case raised the issue of how much weight a person’s vote has in an election. The court ruled that every person’s vote carries equal weight, noting that "no right is more precious" than that of having a voice in elections and held that “[t]o say that a vote is worth more in one district than in another would not only run counter to our fundamental ideas of democratic government, it would cast aside the principle of a House of Representatives elected 'by the People. . .”
CLICK TO READ SYLLABUS
MIRANDA v. ARIZONA (1966)
The case raised questions of an individual’s rights while under detention or arrest in the hands of law enforcement authorities. The court ruled that any information provided by a defendant in response to questioning by authorities can only be used in a trial if the defendant was informed of his or her rights. This includes the right to an attorney during questioning. The detainee must also be made aware that any information provided can be used against him or her in trial. This case was the basis for the “Miranda Warning” universally used by the law enforcement community when apprehending a suspect.
CLICK TO READ SYLLABUS
ROE v. WADE (1973)
The case raised the question of a woman’s right to choose between keeping a pregnancy or terminating it by abortion. The court held that the woman’s right to choose to keep or terminate a pregnancy by abortion falls under her right to privacy protected by the Fourteenth Amendment and stated it in the following manner: “A state criminal abortion statute of the current Texas type, that excepts from criminality only a lifesaving procedure on behalf of the mother, without regard to pregnancy stage and without recognition of the other interests involved, is violative of the Due Process Clause of the Fourteenth Amendment.”
CLICK TO READ SYLLABUS
REGENTS OF U.C. v. BAKKE (1978)
The case raised the issue of “Affirmative Action” as a constitutionally permissible policy in admitting students into the UC university system. There were 16 spots reserved for minority or less-advantaged medical school students. Despite scores and grades that exceeded that of the 16 others that were earlier admitted, Bakke’s application was turned down twice. The court ruled that the UC violated the equal protection clause of the Fourteenth Amendment and ordered Bakke admitted into UC’s medical school.
CLICK TO READ SYLLABUS
TEXAS v. JOHNSON (1989)
The case raised the issue of a person’s right to burn an American flag. The court ruled that a person’s right to burn the American flag is protected by the First Amendment. The court noted that, "[i]f there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."
CLICK TO READ SYLLABUS
