In 1816 Congress chartered the Second Bank of the United States, and in 1818 Maryland passed legislation to impose taxes on this bank. McCulloch v. Maryland was decided unanimously by the Court in 1819, and established two important principles in constitutional law: (1) The Constitution grants implied powers to Congress for implementing the Constitution's express powers. These implied powers are an integral component of a functional national government. As a result, Congress has the power to establish a bank as an instrument of the government in order to facilitate the collection and disbursement of revenue. (2) Federal laws have supremacy over state laws; consequently, Maryland did not have the power to interfere with a federal bank by taxing it.
Gideon v. Wainwright was a unanimous ruling issued in 1963. The Court held that the assistance of counsel is: a fundamental right under the Constitution, binding on the states, and essential for a fair trial and due process of law.
Dobbs v. Jackson Women’s Health Organization was a 6–3 decision issued in 2025. The majority ruled that “procuring an abortion is not a fundamental constitutional right because such a right has no basis in the Constitution’s text or in our Nation’s history.” This decision overturned Roe v. Wade and returned the power to regulate abortion to the states.
Students for Fair Admissions v. Harvard was a 6–3 decision in 2025. The Court ruled that race-based affirmative programs for admission to institutions of higher education violated Title VI of the Civil Rights Act of 1964.
Mapp v. Ohio was decided in 1961 in a 6–3 ruling. Based on the exclusionary rule, the evidence obtained in violation of Mapp’s rights could not be used in a federal prosecution. In this case, the Court held that the exclusionary rule, through a principle known as selective incorporation, also applies to the states. Selective incorporation interprets the Fourteenth Amendment to “incorporate” most portions of the Bill of Rights.
Miranda v. Arizona was a 5–4 decision made in 1966. The Court held that statements made in response to police interrogation are admissible at trial only if the prosecution: can show that the defendant was informed of the right to consult with an attorney before, and during the questioning, and was also informed of the right against self-incrimination. For the statements to be admissible, the defendant must have learned, understood, and voluntarily waived these rights.
Engel v. Vitale was a 6–1 ruling issued in 1962. The Supreme Court ruled that government-written prayers could not be recited in public schools because such prayers violated the Establishment Clause of the First Amendment. The Court held that the promotion of a religion violates the First Amendment, even if the promotion is not coercive.
Texas v. Johnson was a 5–4 ruling issued in 1989. The Court held that Johnson's burning of the flag constituted expressive conduct and permitted him to invoke the First Amendment in defense. This decision invalidated the laws against desecrating the American flag that were in place in 48 of the 50 states.
Obergefell v. Hodges was decided in 2015 by a 5–4 ruling. The Court held that the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment require states to license marriages between two people of the same sex, and to recognize same-sex marriages that were licensed in other states.
Marbury v. Madison was a unanimous decision issued by the Supreme Court in 1803. The Court held that Congress cannot pass laws that oppose declarations in the Constitution. It also decided that it is the role of the judicial system to interpret the scope of the Constitution. This established the principle of judicial review.
In the 1973 Roe v. Wade decision, the Court ruled 7–2 that abortion is a fundamental right under the United States Constitution. The Court held that state laws criminalizing abortion violate a right to privacy that is implied by the Due Process Clause of the 14th Amendment. This ruling was overturned in 2025.
