June is typically the final month in which the Supreme Court of the United States announces its decisions before it closes shop for the summer and then starts a new term on the first Monday in October.
In its 235-year history, the Supreme Court has stood as the final bastion defending the rights individuals and the state.
As it’s made up of fallible men and women, it doesn’t always get it right, but when it errs, it’s never hesitated to correct its mistake.
The following are some of the most significant landmark decisions in the high court’s history.
Establishing Parameters:
Much of the court’s time in its earliest years was dedicated to figuring out what this thing is that we call the United States.
Sure, Articles One through Three describe the federal government’s legislative, executive and judicial branches, but what are the limits to their powers? Let’s find out!
Marbury v. Madison (1803)
This established the federal court’s power of judicial review over the other two branches, and with it, the ability to strike down laws, orders, or other acts when they violate the U.S. Constitution.
McCulloch v. Maryland (1819)
This established the federal government’s implied power over the states under the "necessary and proper" clause of the Constitution. McCulloch held that the federal government had the power to establish a national bank that could not be taxed by the states.
Gibbons v. Ogden (1824)
This established that states may not enact laws that interfere with interstate commerce — the federal government has the exclusive authority to regulate commerce between the states. Gibbons also defined the term "commerce" broadly, as going beyond the mere buying and selling of goods and services.
Freedom of Expression:
Both the founders, and later the courts, recognized that the free expression and exchange of ideas is a fundamental component of a free society.
Schenck v. United States (1919)
The court recognized in Schenck, however, that freedom of speech is not absolute, and may depend upon current events. It held that speech could be restricted if it could present "a clear and present danger."
This case involved a person handing out anti-war pamphlets to draftees during wartime.
New York Times v. Sullivan (1964)
Often called the "Pentagon Papers" case, this held that the First Amendment guarantees of freedom of speech and press may protect libelous words about a public official.
Therefore, in order to prevail in a defamation or libel lawsuit against a public figure, the plaintiff must show intent or recklessness.
Tinker v. Des Moines (1969)
This was similar to Schenck, but with an opposite result.
It centered on a school board banning students from wearing black arm bands to show their opposition to the Vietnam War. The court held that students do not "shed their constitutional rights to freedom of speech . . . at the schoolhouse gate."
Citizens United v. Federal Election Commission (2010)
This decision established that political speech is especially protected under the First Amendment, that corporate entities also have First Amendment rights, and that political donations are a form of political speech.
Former President Obama denounced this decision during a State of the Union address.
The Rights of the Accused:
Amendments Four through Eight of the Constitution — fully half if the 10 provisions enumerated in the Bill of Rights — are dedicated to the rights of the accused in a criminal trial. This recognizes that when an individual is confronted with the power and weight of the state, a defendant’s rights are paramount.
Gideon v. Wainwright (1963)
In Gideon, the court unanimously agreed that a criminal defendant in a felony trial has the right to be provided with the assistance of counsel at no charge if he could not otherwise afford a lawyer. The court held that pursuant to the Sixth Amendment, "lawyers in criminal court are necessities, not luxuries."
Miranda v. Arizona (1966)
This held that law enforcement officers must inform a person in custody of their rights under the Fifth and Sixth Amendments: their right to the presence of counsel, and their right to remain silent.
Shall Not Be Infringed:
It’s often said that our rights under the First Amendment are protected by our rights under the Second Amendment — to keep and bear arms.
Second Amendment cases have been fairly rare until recently, mainly because strict gun control laws have only been enacted fairly recently.
District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010)
These cases held that the people have a right to keep arms that are in common use within their homes for self-protection. Heller established that right within the District of Columbia; McDonald expanded it throughout the 50 states.
New York State Rifle & Pistol Association, Inc. v. Bruen (2022)
Just as Heller and McDonald affirmed the right of the people to "keep" arms, Bruen affirmed the right to “bear” arms outside the home.
It held that states may not impose onerous restrictions or "arbitrary" evaluations as a condition to the issuance of a carry permit.
The End of an Error:
The court doesn’t always get it right, but when it doesn’t it tries to correct its mistake if afforded the opportunity to do so through a later case. Here are some of the biggies.
Brown v. Board of Education (1954)
This one struck down Plessy v. Ferguson, a 1896 case upholding racially segregated facilities that are "separate but equal." The court in Brown famously recognized that "separate educational facilities are inherently unequal."
Dobbs v. Jackson Women’s Health Organization (2022)
The court in Dobbs struck down the nearly half-century decision of Roe v. Wade, which held that a woman had a constitutional right to abort her child. Dobbs recognized that no such right exists in the Constitution, and that the issue of abortion should be left to the states.
Students for Fair Admissions v. Harvard, and Students for Fair Admissions v. UNC (2023)
The court held in these two cases that affirmative action, approved in 1978 by the court in Regents of the University of California v. Bakke, is unconstitutional.
It therefore found that colleges and universities may not consider an applicant's race in making an admissions decision, especially in order to meet diversity goals.
The Harvard case ruled affirmative action impermissible for private schools, the UNC case did the same for public schools.
Michael Dorstewitz is a retired lawyer and has been a frequent contributor to Newsmax. He is also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter. Read Michael Dorstewitz's Reports — More Here.
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