Landmark Cases in the United States

Landmark Supreme Court Cases

They include the following:

• Marbury v. Madison (1803) (see below): Supreme Court (led by John Marshall) ruled that Marbury had the right to his judgeship but that the court lacked the power to enforce his right since that power had not been granted to the court in the Judiciary Act of 1789; Judiciary Act of 1789 declared unconstitutional; principle of judicial review established.
• Fletcher v. Peck (1810)(see below): first case in which a state law was declared unconstitutional; court ruled that the contract clause of the Constitution overrode state law.
• Dartmouth College v. Woodward (1819)(see below): court ruled that a charter of a private corporation (Dartmouth) was protected by the Constitution and could not be altered by the state legislature
• McCulloch v. Maryland (1819): states could not tax national bank; established the precedence of national law over state law
• Gibbons v. Ogden (1824): first case involving the commerce clause of Constitution; court ruled that a federal charter took precedence over a monopoly that had been granted by the state of New York
• Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832): Supreme Court upheld Native American rights to their land; decisions ignored by President Andrew Jackson; “Trail of Tears” – 1838 forced march of Cherokees westward to Oklahoma
• Charles River Bridge v. Warren Bridge (1837): Charles River Bridge Company sued to prevent state of Massachusetts from authorizing construction of a new bridge across the Charles River; court ruled that no charter granted to a private corporation might be permanent if it harmed the public interest.
• Commonwealth v. Hunt (1842): court ruled that trade union organization and strike tactics were legal; in spite of the decision, unions continued to struggle as many lower court judges considered unions to be illegal.
• Dred Scott v. Sandford (1857) (see below): Scott, a former slave, declared his freedom when taken to a northern state; Chief Justice Roger Taney declared that slaves were property (and therefore not citizens); as property, enslaved people could not sue in federal court; ruled that Congress could not regulate slavery in territories (overturning both the Missouri Compromise and the Kansas-Nebraska Act).
• Munn v. Illinois (1877): case involved an Illinois law limiting maximum rates for the storage of grain in privately owned grain elevators; court ruled that the public has always had a right to regulate business operations in which the public has an interest
• Wabash, St. Louis & Pacific Railroad Company v. Illinois (1886): court ruled that states could regulate only intrastate commerce, not interstate commerce; ruling added to the push for the Interstate Commerce Act of 1887.
• U.S. v. E.C. Knight Company (1895): first significant case tried under the Sherman Antitrust Act; court ruled that the Sherman Antitrust Act restricted commerce, not manufacturing; later the court broadened the definition of commerce.
• Plessy v. Ferguson (1896): doctrine of “separate but equal” established; reinforced Jim Crow laws in southern states.
• Northern Securities Case (1904): court ruled that Northern Securities Company (a railroad trust) was in fact a trust and not a stock company; Northern Securities was found in violation of the Sherman Antitrust Act.
• Lochner v. New York (1905): New York law prohibited bakery workers from working more than 60 hours in a week or 10 hours per day; Lochner (from Utica!) arrested for violating the law; court ruled that the 14th Amendment protected individuals from “an unreasonable, unnecessary and arbitrary.
• interference with the right of the individual to his personal liberty”: concept of “due process” was altered from just guaranteeing a fair trial to protect property from unreasonable,
  unnecessary, and arbitrary legislation.
• Muller v. Oregon (1908): most famous for the novel arguments presented by Louis Brandeis; Muller (laundry owner in Portland) refused to comply with law limiting women to 10 hours of daily labor (based his beliefs on the Lochner decision); Brandeis presented only two pages of legal arguments and 100 pages of statistics dealing with implications of long
  work hours; court unanimously ruled for Oregon.
• Schenck v. U.S. (1919): Schenck, an official of the Socialist Party, arrested and convicted for violating Espionage Act of 1917 by distributing leaflets to draftees urging them to resist; court unanimously ruled that the first amendment freedom speech was not absolute and that Schenck’s actions presented a “clear and present danger”.
• Schecter Poultry Corp. v. U.S. (1935): court ruled the National Industrial Recovery Act to be unconstitutional.
• U.S. v. Butler (1936): court ruled the Agricultural Adjustment Act unconstitutional
  Korematsu v. U.S. (1944); court ruled that internment of Japanese-Americans was constitutional.

Other Supreme Court Landmark Cases

Marbury v. Madison: (1803) Judicial review

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In 1801, Justice William Marbury was to have received a commission from President Adams,
but Secretary of State James Madison refused to issue the commission. Chief Justice Marshall
stated that the Judiciary Act of 1789, which was the basis for Marbury’s claim, conflicted with
Article III of the Constitution. Marbury did not receive the commission. This case determined
that the Supreme Court and not the states would have the ultimate word on whether an issue
was in violation of the Constitution. The ruling, based on judicial review, made the Judicial
Branch equal to the other two branches of government.

Fletcher v. Peck: (1810) Contracts and State law

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Following a massive bribery scandal that involved almost the entire Georgia legislature in
1794, the legislature authorized the sale of thirty-five million acres to four companies for less
than 2 cents an acre. In the 1796 elections nearly all the legislators were dismissed and
replaced. The new legislators rescinded the land grant. However, purchasers of the grant had
already started selling off the land. The Supreme Court judged that when the state of Georgia
rescinded a land grant it was unconstitutional since it revoked the rights already granted in
the contract. This was the first case to declare a state law in violation of the Constitution.

Dartmouth College v. Woodward: (1819) Contracts and State law

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The New Hampshire legislature amended the original charter of the college, which had been
in place since 1769, to make the college more accessible to the public. The problem was that
the legislature acted without consultation with the college trustee. The Supreme Court ruled
that the original charter was inviolable as the charter was a contract. This decision led to a
strengthening of property rights against state abridgement.

McCulloch v. Maryland: (1819) Implied powers

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James Madison created a national bank. The state of Maryland believed this was an intrusion
into states’ rights and attempted to tax the bank. James McCullough, who worked at the
bank, refused to pay the state taxes because he believed the state had no right to tax a
national bank. Marshall stated that the bank was in compliance with the constitution and
could not be subjected to state taxes. This case established the rule that states could not tax
an institution of the federal government.

Gibbons v. Ogden: (1824) Interstate commerce

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At issue was the right to carry passengers along a canal from New York to New Jersey. The
state of New York had granted Aaron Ogden the exclusive right. The federal government
issued a license to Thomas Gibbons for the same route. On appeal the case went to the
Supreme Court after Ogden sued Gibbons and won. The Supreme Court decided that Gibbons
was right and that states cannot stop Congress regulating interstate commerce. This was a
landmark case because it established federal authority over the states. This became the basis
of the Civil Rights Act of 1964.

Johnson v. McIntosh (1823, Marshall).

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Established that Indian tribes had rights to tribal lands that preceded all other American law; only the federal government could take land from the tribes.

Cherokee Nation v. The State of Georgia: (1831) State law and Indians

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The Cherokee Indians had been farming the land in the western part of the state and had
established their own government. The Georgians passed laws and tried to have the Cherokee
government declared null and void. The Cherokee nation brought the suit to the Supreme
Court on the grounds that the Cherokee nation was a foreign entity and therefore the state of
Georgia had no rights. Marshall knew that if he ruled in favor of the Indians, President
Jackson would not enforce the ruling. So Marshall ruled that the Cherokee nation did not
constitute a foreign nation. Thus the Supreme Court had no jurisdiction over the Cherokee
nation.

Worcester v. Georgia: (1832) State law and Indians

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In Worcester v. Georgia John Marshall invalidated a Georgia law concerning entry into the
Cherokee nation. In this case Worcester, a missionary, sued on the grounds that the state had
no right to control any aspect of the Cherokee nation as this would fall within the powers of
the federal government. This was just one more instance of the Marshall court increasing
power for the federal government over state governments. The Marshall court attempted to
protect the property rights of the Indians. Unfortunately, even Marshall was unable to keep
the Indians from continually being forced off their land.

Charles River Bridge v. Warren Bridge (1837, Taney).

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The interests of the community are more important than the interests of business; the supremacy of society’s interest over private interest.

Commonwealth v. Hunt (1842).

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Declared that labor unions were lawful organizations and that the strike was a lawful weapon.

Scott v. Sanford: (1857) Citizenship and Slavery

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Dred Scott was the slave of an army doctor. The doctor had lived in free states and in free
territories, but had returned to Missouri, a slave state, before his death. Scott sued the
doctor’s wife for his freedom on the basis that in a free state he had been free. The Supreme
Court decided that Congress had no power to forbid slavery in the territories. They also said
that as a slave, Scott was not a citizen and was not eligible to sue in a federal court. This
decision annulled the Missouri Compromise and the Kansas-Nebraska Act. The case centered
on 3 issues:

• Was Dred Scott a citizen?;
• Could Congress prohibit slavery in the territories?;
• If a slave was property, then shouldn’t Sanford be compensated?
  Scott and his family did win their freedom because Scott’s new owner was the widow’s
  brother and a known abolitionist. This case was never about the freedom of Dred Scott but
  about the future expansion of slavery into the territories.

Ex parte Milligan (1866).

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Ruled that a civilian cannot be tried in military courts while civil courts are available.

Texas v. White: (1869) Legality of Confederate Government Policies

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After the Civil War the reconstruction government of the state of Texas brought suit to regain
state-owned securities, which had been sold by the Confederate state legislators during the
war. The defense claimed that since Texas had not been restored to the Union there were no
grounds for a federal court case. Chief Justice Salmon P. Chase maintained that since
secession was illegal, Texas had never left the Union. Chase said the Confederate government
of the state had been unlawful so all acts carried out by the government were null and void.
Therefore the state was entitled to recover the securities.

Civil Rights Cases of 1883.

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(A single decision on a group of cases with similar legal problems). Legalized segregation with regard to private property.

Wabash, St. Louis, and Pacific Railway Co. v. Illinois (1886).

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Declared state-passed Granger laws that regulated interstate commerce unconstitutional.

Chicago, Milwaukee and St. Paul Railroad Co. v. Minnesota (1890).

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Found that Granger law regulations were violations of the 5th Amendment right to property.

Pollock v. The Farmers’ Loan and Trust Co. (1895).

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Declared the income tax under the Wilson-Gorman Tariff to be unconstitutional.

U. S. v. E. C. Knight Co. (1895)

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Due to a narrow interpretation of the Sherman Anti-Trust Act, the Court undermined the authority of the federal government to act against monopolies.

Plessy v. Ferguson: (1896) Separate but equal

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Homer Plessy was arrested in Louisiana for riding in a whites-only railroad car. Plessy, who
was one-eighth African American, appealed on the basis of the equal protection clause of the
Fourteenth Amendment. The court said that so long as the facilities were equal then it was
legal to racially separate. This became the impetus for segregation across the south.

“Insular Cases” / Downes v. Bidwell (1901)

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Confirmed the right of the federal government to place tariffs on good entering the U. S. From U. S. Territories on the grounds that “the Constitution does not follow the flag.”

Northern Securities Co. v. U. S. (1904)

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Re-established the authority of the federal government to fight monopolies under the Sherman Anti-Trust Act.

Swift and Company v. United States: (1905) Defining Interstate Commerce

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Swift claimed to be participating in business that was intrastate and not interstate, which he
added, meant the interstate commerce act did not apply to his business. The court agreed
unanimously that this was not the case and Swift was trying to create a monopoly. Armed
with the Sherman Antitrust Act, Oliver Wendell Holmes said the company had a “current of
commerce” among states.

Lochner v. New York (1905)

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Declared unconstitutional a New York act limiting the working hours of bakers due to a denial of the 14th Amendment rights.

Muller v. Oregon (1908)

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First case to use the “Brandeis brief”; recognized a 10-hour work day for women laundry workers on the grounds of health and community concerns.

Bunting v. Oregon: (1917) Government Enforcement of 10-Hour Workday

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In 1913 Oregon established a 10-hour workday for all men and women in mills or
manufacturing industries. Any work beyond the ten hours was payable at a rate of time-anda-half. Bunting, who owned a factory required his workers to work a 13 hour day and did not
pay overtime. The Court was split on the issue and did not want to be seen as a regulator of
wages. Eventually the court decided that overtime pay did not constitute wage regulation.

Hammer v. Dagenhart (1918)

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Declared the Keating-Owen Act (a child labor act) unconstitutional on the grounds that it was an invasion of state authority.

Schenck v. United States: (1919) Freedom of Speech during Wartime

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During World War I Charles Schenck had distributed pamphlets that said the draft was illegal.
He was charged under the Espionage Act (1917). Justice Oliver Wendell Holmes rejected the
argument that the pamphlets were protected by the free speech clause of the Constitution.
Holmes told the court that freedom of speech could be suppressed if there is a “clear and
present danger”, and since this happened during a time of war, there was such a
circumstance.

Adkins v. Children’s Hospital (1923)

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Declared unconstitutional a minimum wage law for women on the grounds that it denied women freedom of contract.

Schechter v. U. S. (1936)

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Sometimes called “the sick chicken case.” Unanimously declared the National Industrial Recovery Act (NIRA) unconstitutional on three grounds: that the act delegated legislative power to the executive; that there was a lack of constitutional authority for such legislation; and that it sought to regulate businesses that were wholly intrastate in character.

Korematsu v. United States: (1944) Legality of Japanese Internment during WWII

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In 1942, after the Japanese attack on Pearl Harbor, President Roosevelt issued Executive
Order 9066, which required the forced relocation of over 100,000 Japanese-Americans to
relocation camps. The Supreme Court ruled the relocation was illegal. In 1988 these people,
of whom many were citizens, received compensation.

Ex parte Endo (1944)

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The court forbade the internment of Japanese-Americans born in the U. S. (Nisei)

Brown v. Board of Education of Topeka, Kansas: (1954) Equal protection

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Linda Brown was denied admission to a local elementary school in Topeka, Kansas. The basis
for her denial was that she was black. Chief Justice Earl Warren overruled the “separate but
equal” doctrine of Plessy v. Ferguson. He stated that the public schools violated the
fourteenth amendment condition of equal protection under the law. The defendants claimed
that the inferior conditions in segregated schools hindered their development. After the
ruling was made, the court declared that segregation must end.

Roth v. U.S., Alberts v. California. (1957)

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The Court ruled that obscene material was not protected by the First Amendment guarantees of freedom of speech and press, defining obscene as “utterly without redeeming social value” and appealing to “prurient interests” in the view of the average person. (This definition, the first offered by the Court, was modified in several subsequent decisions, and the “average person” standard was replaced by the “local community” standard in the 1973 Miller v. California case.)

Mapp v. Ohio. (1961)

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The Court ruled that evidence obtained in violation of the 4th Amendment guarantee against unreasonable search and seizure must be excluded from use at state as well as federal trials.

Engel v. Vitale. (1962)

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The Court ruled that public school officials could not require pupils to recite a state-composed prayer at the start of each school day, even if the prayer was nondenominational and pupils who so desired could be excused from reciting it, because such official state sanction of religious utterances was an unconstitutional attempt to establish religion.

Baker v. Carr. (1962)

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The Court held that the constitutional challenges to the unequal distribution of voters among legislative districts could be resolved by federal courts, rejecting the doctrine set out in Colegrove v. Green in 1946 that such apportionment challenges were “political questions.”

Gideon v. Wainwright: (1963) Representation by counsel

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Gideon was accused of a breaking into a poolroom in Florida but he had no financial means to
secure a defense. He requested a defense counsel but was refused and was forced to defend
himself. The court returned a guilty verdict. This led to the Supreme Court ruling that all
people were entitled to legal counsel regardless of their ability to pay for legal counsel.

Heart of Atlanta Motel v. United States: (1964) Interstate commerce

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In 1964 Congress tried to pass the Civil Rights Act based on its power to regulate interstate
commerce. Congress believed it had the right to ban discrimination in public accommodation
and in employment. A motel owner challenged the law on the basis that he had a local
business which should not be considered interstate commerce. The Supreme Court ruled that
since the business gained most of its income from interstate commerce; thus, the business
was liable to the rules of Article 1, section 8 of the Interstate Commerce Act.

Wesberry v. Sanders: (1964) One man one vote

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This case dealt with the apportionment of congressional districts in Georgia. The voters of
Georgia’s fifth congressional district, easily the largest district, believed that their
representation was not as equal as that of other districts with less people. They argued that
because the state legislators had failed to realign the districts their vote was debased. The
Supreme Court ruled that as much as possible districts should be comparable in terms of
population.

Escobedo v. Illinois (1964)

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Ruled that a defendant must be allowed access to a lawyer before questioning by police.

New York Times Co. v. Sullivan. (1964)

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The Court ruled that the First Amendment guarantee of freedom of the press protected the press from libel suits for defamatory reports on public officials unless the officials proved that the reports were made from actual malice.

The Court defined malice as “with knowledge that (the defamatory statement) was false or with reckless disregard of whether it was false or not.”

Griswold v. Conn. (1965)

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The Court ruled that a state unconstitutionally interfered with personal privacy in the marriage relationship when it prohibited anyone, including married couples, from using contraceptives.

Miranda v. Arizona: (1966) Rights in custody

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Ernesto Miranda a man who had not completed the ninth grade was arrested at his home in
Arizona and identified as a suspect in a rape-kidnapping case. When he was questioned about
the crime Miranda maintained he was innocent, but after two hours of interrogation he signed
a confession. At the trial the confession was admitted as evidence and the court found
Miranda guilty. The police acknowledged that Miranda had not been made aware of his rights
during the process nor had he had access to legal counsel. While the Miranda confession was
given with relatively little pressure it still violated the constitutional requirements that
governed such procedures. In this case, the Warren court ruled that the accused must be
made aware of his or her rights from the beginning.

Roe v. Wade: (1973) Right to Privacy

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During the sexual revolution of the 1960s and 1970s the number of abortions performed
illegally was unbelievably high. In its decision the Court struck down a Texas law that made it
illegal to perform abortions unless the woman’s life was risk. “Jane Roe” an unmarried mother
wanted to terminate her pregnancy but she did not meet the necessary requirements. The
Court sided with Roe and said that a woman had a constitutional right to privacy that
extended to cover a decision whether or not to terminate her pregnancy.

U. S. v. Richard Nixon (1974)

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The court rejected Richard Nixon’s claim to an absolutely unqualified privilege against any judicial process.

Bakke v. Board of Regents of California: (1977) Affirmative Action

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In an attempt to get greater racial and ethnic diversity The University of California Medical
School at Davis created a special category for minority students. This was the first
constitutional test for affirmative action. Bakke, a white student, was rejected by the
university and filed a lawsuit alleging discrimination under the Civil Rights Act of 1965. The
Court said the university can use special criteria to determine which students gained
acceptance so long as it did not use a quota system.

United Steelworkers of America v. Weber, Kaiser Aluminum v. Weber, U.S. v. Weber (1979)

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The Court ruled that Title VII of the 1964 Civil Rights Act, which forbids racial
discrimination in employment, did not forbid employers to adopt voluntarily race-conscious
affirmative action programs to encourage minority participation in areas in which they
traditionally were underrepresented.

Bowers v. Hardwick. (1986)

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The Court refused to extend the right of privacy inherent in the Constitution to homosexual activity, upholding a Georgia law that made sodomy a crime.

(Although the Georgia law covered heterosexual sodomy as well as homosexual sodomy, enforcement in Georgia and most other states had been confined to homosexual activity.)

Cruzan v. Missouri. (1990)

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The court ruled that a person had the right to refuse life-sustaining medical treatment. However, the Court also ruled that such treatment could not be withheld from comatose patients unless there was “clear and convincing evidence” that the person would not have wanted to live under those conditions.

Resources

Further Reading

• Information about Landmark Cases in the Gale Encyclopedia of American Law.