supreme court case study 14 answers

FREE AP Government Resources! 

1. marbury v. madison (1803), 2. mcculloch v. maryland (1819), 3. schenck v. u.s (1919), 4. brown v. board of education (1954), 5. baker v. carr (1962), 6. engel v. vitale (1962), 7. gideon v. wainwright (1963), 8. tinker v. des moines (1969), 9. new york times v. u.s (1969), 10. wisconsin v. yoder (1972), 11. roe v. wade (1973), 12. shaw v. reno (1993), 13. u.s. v. lopez (1995), 14. mcdonald v. chicago (2010), 15. citizens united v. fec (2010), final thoughts.

Published March 13, 2024

15 Supreme Court Cases You HAVE To Know For the AP Government Exam

Preparing for your AP Government exam can be a daunting task, but with the right AP resources and study strategies, you can conquer it with confidence. Whether you're diving into AP test prep a few months in advance or looking for AP study guides to streamline your review sessions, understanding landmark Supreme Court cases is crucial. But don't worry, we're here to help! In this AP guide, we'll navigate through 15 Supreme Court cases crucial for your AP exam study guides. Each case discussed in this article has been carefully selected to enhance your understanding of U.S. history and government, making them indispensable for your AP test review.

To support your last-minute AP test prep, we've compiled essential AP resources and AP study notes. These tools are designed to help streamline your studying process, offering clear, concise, and relevant information that aligns with your AP test study guides.

The ULTIMATE AP Government Study Guide : A comprehensive review tool covering key topics and cases, perfect for anyone looking for effective AP study guides.

AP Government Flashcards : Handy for memorizing key facts, dates, and legal principles, these flashcards are an essential part of any AP resources kit.

Our Favorite YouTube channel for all things AP Gov - Heimler’s : complements online AP notes and AP study guides.

As you delve into each Supreme Court case, from Marbury v. Madison to Citizens United v. FEC, consider utilizing AP flashcards to remember crucial dates and outcomes. Engage with online AP notes to reinforce your understanding and participate in AP test review sessions to discuss these cases' implications. By incorporating these strategies into your AP test study guides, you'll be better prepared to tackle the AP government exam with confidence.

Remember, the key to AP test prep success is utilizing a variety of AP resources, including AP study guides, AP flashcards, and AP exam study guides. By doing so, you'll ensure a well-rounded review and a deeper understanding of the material. Good luck on your AP Government exam!

Marbury v. Madison (1803) is a foundational Supreme Court case establishing the concept of judicial review, which allows the Supreme Court to invalidate laws and government actions that conflict with the Constitution. For your AP Government exam, it's essential to know the year of the decision, the key figures involved (William Marbury, James Madison, Chief Justice John Marshall), and the principle of judicial review itself. Understand the background of the case, where Marbury was denied his commission as a justice of the peace and sought a remedy directly from the Supreme Court.

To effectively study this case, create a detailed timeline from the appointment of Marbury to the Supreme Court's decision. Make sure to understand the legal terms and the specific questions the court was answering. Focus on Chief Justice Marshall’s reasoning and how he established the court's role in interpreting the Constitution. Practice explaining the significance of the case in your own words to ensure you grasp its impact on the American legal system and the balance of power in the federal government. Engaging in discussions, using flashcards for key facts, and reviewing how this case has been applied in other contexts can deepen your understanding and help solidify this crucial piece of U.S. legal history for your exam.

McCulloch v. Maryland (1819) is a pivotal Supreme Court case that reinforced the powers of the federal government. It revolved around whether the state of Maryland had the authority to tax the Second Bank of the United States, leading to broader questions about the power of federal institutions and states' rights. For your AP Government exam, key points to remember include the year of the case, the main conflict (state versus federal power), and the outcome: the Supreme Court, under Chief Justice John Marshall, ruled that Congress had implied powers under the Necessary and Proper Clause of the Constitution, and states could not interfere with federal institutions, epitomized by the phrase "the power to tax involves the power to destroy."

To study for this case, break down the arguments presented by both sides and understand the legal reasoning behind the Court's decision. Make note cards with important terms and concepts, like "implied powers," "Necessary and Proper Clause," and "federal supremacy." Review how this case fits into the larger framework of federalism in U.S government. Discussing the case with classmates or in study groups can help you see different viewpoints and understand the broader implications of the ruling. Finally, look at how this case has been referenced in subsequent Supreme Court decisions to understand its lasting impact on American government and law.

Schenck v. United States (1919) is an important Supreme Court case for understanding the limits of free speech, particularly during wartime. In this case, Charles Schenck was convicted under the Espionage Act for distributing pamphlets that opposed the draft during World War I. The Supreme Court, led by Justice Oliver Wendell Holmes, upheld his conviction, introducing the famous "clear and present danger" test to determine when speech could be limited.

For your AP Government exam, focus on the year of the case, the context of World War I, the main parties involved (Charles Schenck and the United States), and the significant outcome concerning the First Amendment. Understand the rationale behind the decision, especially the concept of "clear and present danger" as a standard for limiting speech. This case illustrates the tension between civil liberties and national security, a recurring theme in U.S. government.

To study Schenck v. United States, outline the arguments presented by both sides and the Court's reasoning. Create flashcards with key terms and details, like the Espionage Act, "clear and present danger," and the impact of the ruling on First Amendment rights. Discuss the case with peers to explore different perspectives and its implications in various historical contexts. Review how this decision has been referenced or challenged in subsequent Supreme Court cases to understand its lasting influence. Engaging with the material in multiple formats will help solidify your understanding of this landmark case and its place in American legal and social history.

Brown v. Board of Education (1954) is a landmark Supreme Court case that declared racial segregation in public schools unconstitutional, overturning the "separate but equal" doctrine established by Plessy v. Ferguson in 1896. This case is crucial for your AP Government exam because it highlights the struggle for civil rights and the role of the judiciary in addressing social injustice. Key facts to remember include the year of the decision, the context of the Civil Rights Movement, the plaintiffs (Oliver Brown and others), and the unanimous decision led by Chief Justice Earl Warren that segregation in public schools creates a sense of inferiority among African-American children.

To study for this case, focus on the background of segregation in the United States, the legal arguments made by both sides, and the social and political implications of the Court's decision. Create a timeline that links Brown v. Board of Education with other civil rights milestones. Use flashcards to remember significant terms, names, and concepts associated with the case, such as "separate but equal," "Jim Crow laws," and "de jure segregation." Discuss the case in study groups to explore its impacts and the legal reasoning behind the Court's decision. Review how this case has influenced subsequent civil rights legislation and court decisions to understand its lasting legacy. Engaging with the material in various ways will help ensure a deeper understanding of this pivotal moment in American history for your exam.

Baker v. Carr (1962) is a landmark Supreme Court case that transformed the landscape of American politics by addressing the issue of electoral districting, often summarized by the phrase "one person, one vote." The case emerged from Tennessee, where Charles W. Baker filed a lawsuit arguing that the state's apportionment (the way voting districts were drawn) ignored significant population shifts, thus diluting the voting power of certain regions, particularly urban areas. The Supreme Court's decision, led by Chief Justice Earl Warren, ruled that federal courts could hear cases on state apportionment and that unequal representation violated the Fourteenth Amendment's Equal Protection Clause.

For your AP Government exam, important facts to remember about Baker v. Carr include the year of the decision (1962), the key legal question (whether federal courts can rule on state apportionment issues), and the major outcome (affirmation that federal courts can address legislative redistricting issues). This case set the stage for subsequent rulings that would further shape American electoral processes, emphasizing the importance of equal representation.

To study for this, start by understanding the background of the case and the legal arguments presented by both sides. Use diagrams to visualize how apportionment works and how it was being challenged. Make flashcards detailing the key figures, legal principles, and impacts of the ruling. Discuss the case's significance in relation to the civil rights movement and its effect on subsequent electoral reforms. Review how the "one person, one vote" principle has been applied and challenged in later cases. Engaging with the material in a variety of ways will help you grasp the enduring significance of Baker v. Carr in American political and legal history.

​​Engel v. Vitale (1962) is a critical Supreme Court case that examined the role of religion in public schools, ultimately reshaping the relationship between religion and government in the United States. The case arose when a public school in New York implemented a voluntary, non-denominational prayer at the start of each school day, leading to a lawsuit by a group of parents, including Steven Engel, arguing that this violated the Establishment Clause of the First Amendment, which prohibits the government from establishing an official religion.

For your AP Government exam, it's important to remember the year of the decision (1962), the main issue (prayer in public schools), and the outcome (the Supreme Court ruled that government-directed prayer in public schools, even if non-denominational and voluntary, violates the First Amendment). This case underscores the principle of the separation of church and state, a foundational concept in American government.

To effectively study Engel v. Vitale, outline the background and the arguments from both sides, focusing on how this case illustrates the application of the Establishment Clause. Create flashcards to memorize the key facts, terms, and impacts of the ruling. Review how this decision has influenced subsequent cases involving religion in public life. Discuss the case's implications with classmates to explore different perspectives and understand its significance in the broader context of civil liberties and government powers. Understanding Engel v. Vitale will help you grasp the complex interplay between religion and public policy in U.S. history.

Gideon v. Wainwright (1963) is a crucial Supreme Court case for understanding the rights of defendants in the American legal system. The case centers around Clarence Earl Gideon, who was charged with a felony in Florida. Gideon requested a court-appointed attorney, arguing that he could not afford one, but was denied based on state law which only provided attorneys for capital cases. After being convicted, Gideon appealed to the Supreme Court, which unanimously ruled that the Sixth Amendment's guarantee of counsel is a fundamental right essential to a fair trial and, as such, applies to state courts through the Fourteenth Amendment.

For your AP Government exam, remember the year of the decision (1963), the key constitutional question (whether the Sixth Amendment's right to counsel applies to state court defendants in felony cases), and the ruling's impact (extending the right to counsel to all criminal defendants in state courts). This case highlights the importance of due process and the rights of individuals within the American justice system.

To study Gideon v. Wainwright, outline the events leading up to Gideon's arrest and subsequent trial, focusing on the constitutional issues at stake. Create flashcards with key terms, such as "Sixth Amendment," "right to counsel," and "Fourteenth Amendment." Discuss the implications of the ruling on the American legal system and its significance in ensuring fair trials for all individuals, regardless of economic status. Review subsequent cases influenced by Gideon's precedent to understand its lasting impact. Engaging with the case from multiple angles will deepen your understanding and help you remember its significance for your exam.

Tinker v. Des Moines Independent Community School District (1969) is a significant Supreme Court case that established the standard for evaluating the freedom of speech in schools. The case originated when Mary Beth Tinker and her siblings wore black armbands to their public school as a form of protest against the Vietnam War. The school suspended them, leading to a lawsuit that argued the suspension violated their First Amendment rights. The Supreme Court ruled in favor of the Tinkers, stating that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

For your AP Government exam, it's important to remember the year of the case (1969), the main parties involved (the Tinker family and the Des Moines school), and the principle established that students have free speech rights in school settings, as long as their speech does not disrupt the educational process. This case underscores the balance between authority and individual rights and the application of the First Amendment in educational environments.

To study Tinker v. Des Moines, examine the background leading up to the case, including the social and political climate of the 1960s. Create flashcards that define key legal terms and details, such as "symbolic speech" and "material and substantial disruption." Discuss with peers or in study groups to explore different viewpoints and the broader implications of the case on student rights and school policies. Review how this case has been applied in subsequent legal disputes involving student speech to understand its continuing impact. Engaging with the material through various methods will help solidify your understanding of the case's significance in American legal and educational history.

New York Times v. United States (1971), commonly known as the "Pentagon Papers Case," is a crucial Supreme Court case for understanding the balance between national security and the freedom of the press. The controversy arose when the New York Times started publishing the Pentagon Papers, classified documents detailing U.S. strategy in the Vietnam War. The Nixon Administration argued that publishing these documents posed a security risk and sought to stop their publication. However, the Supreme Court ruled in favor of the newspapers, holding that the government had not met the heavy burden required to justify a prior restraint on speech under the First Amendment.

For your AP Government exam, key facts to remember about this case include the year (1971), the central conflict (freedom of the press versus government secrecy), and the outcome (a reaffirmation of the press's right to publish information significant to public interest without prior restraint). This case is pivotal for its role in shaping the modern understanding of the First Amendment and its protections for the press.

To study New York Times v. United States, start by understanding the context of the Vietnam War and why the Pentagon Papers were significant. Outline the arguments made by both sides in the case and the Supreme Court's reasoning. Make flashcards to remember the key legal terms and principles, such as "prior restraint" and "First Amendment." Discuss the case's implications for journalism and government transparency with classmates to explore different perspectives. Review how this decision has been applied and referenced in later freedom of the press cases to grasp its lasting impact. By approaching the case from multiple angles, you can gain a comprehensive understanding of its significance and be better prepared for your exam.

Wisconsin v. Yoder (1972) is a landmark Supreme Court case that addressed the balance between individual religious freedoms and state educational requirements. The case originated when three Amish families in Wisconsin were prosecuted under a state law requiring all children to attend public school until age 16. The families argued that this law conflicted with their religious beliefs and practices, which dictated that children should not attend school past the eighth grade. The Supreme Court ruled in favor of the Yoder family, stating that their First Amendment right to free exercise of religion outweighed the state's interest in mandating school attendance beyond the eighth grade.

For your AP Government exam, important points to remember include the year of the decision (1972), the central issue (the conflict between religious freedom and state laws on education), and the outcome (recognition of the Amish community's right to limit their children's schooling based on religious beliefs). This case highlights the importance of religious liberties and the limitations of state power in infringing upon these freedoms.

To study Wisconsin v. Yoder, focus on understanding the background of the Amish community and their reasons for opposing extended public schooling. Create flashcards with key legal terms and principles, such as "free exercise of religion," "compelling state interest," and "First Amendment." Analyze the court's reasoning and how it balanced the interests of religious freedom against the state's educational goals. Discuss the case with peers to explore different viewpoints and its broader implications on religious and educational rights. Review how this decision has influenced subsequent cases involving religious freedoms and state regulations. By exploring these various elements, you will develop a comprehensive understanding of Wisconsin v. Yoder and its significance in American legal history.

Roe v. Wade (1973) is a pivotal Supreme Court case that significantly impacted American society and law by addressing the issue of abortion rights. The case was brought by "Jane Roe" (a pseudonym for Norma McCorvey), who challenged Texas laws criminalizing most abortions, arguing that they were unconstitutional. The Supreme Court, in a 7-2 decision, ruled that the right to privacy under the Due Process Clause of the 14th Amendment extended to a woman's decision to have an abortion. However, the Court also held that this right must be balanced against the state's interests in regulating abortions: protecting women's health and protecting the potentiality of human life. The decision led to the establishment of the trimester framework, which set different levels of state interest for each stage of pregnancy.

For your AP Government exam, essential facts to remember include the year of the decision (1973), the constitutional basis for the ruling (the right to privacy under the 14th Amendment), and the outcome (the establishment of a woman's right to choose an abortion within the first trimester, with increasing state regulation possible in later stages of pregnancy). This case is crucial for understanding shifts in social policies, individual rights, and the role of the state.

To study Roe v. Wade, outline the legal arguments presented by both sides and the Supreme Court's reasoning. Create flashcards with key terms and concepts, such as "right to privacy," "Due Process Clause," and "trimester framework." Discuss the case's broader implications on American society, politics, and health care with classmates to explore different perspectives. Review how this decision has been challenged, reaffirmed, or modified in subsequent Supreme Court cases to understand its lasting impact, and how it has been overturned by Dobbs v. Jackson.

Shaw v. Reno (1993) is an essential Supreme Court case for understanding the complexities of racial gerrymandering and the interpretation of the Equal Protection Clause of the Fourteenth Amendment in the context of electoral districting. The case arose after the U.S. Department of Justice rejected North Carolina's initial congressional redistricting plan for failing to create a majority-black district. The state submitted a new plan creating two majority-black districts, but one of them was unusually shaped, leading white residents to challenge the plan as racially discriminatory.

For your AP Government exam, remember the year of the case (1993), the main issue (whether racial considerations in redistricting, leading to oddly shaped electoral districts, violate the Equal Protection Clause), and the outcome (the Supreme Court ruled that redistricting based primarily on race must be held to a standard of strict scrutiny under the Equal Protection Clause). This case underscored the tension between preventing racial discrimination and avoiding racial segregation in voting practices.

To study Shaw v. Reno, focus on the background and political context of the case, understanding the balance between enhancing minority representation and avoiding racial segregation. Make flashcards detailing key concepts such as "racial gerrymandering," "Equal Protection Clause," and "strict scrutiny." Discuss with classmates the implications of this ruling on redistricting and minority representation in Congress to explore different viewpoints. Review how this decision has influenced subsequent legal standards and cases related to redistricting and race. Engaging with the material through different methods, such as case summaries, scholarly articles, and class discussions, will deepen your understanding of Shaw v. Reno's significance in American legal and political history.

U.S. v. Lopez (1995) marks a significant moment in Supreme Court history, primarily because it was the first case in decades where the Court limited the power of the Congress under the Commerce Clause. The case began when Alfonso Lopez, a high school student, was charged under the Federal Gun-Free School Zones Act for carrying a concealed weapon into his Texas high school. Lopez argued that the federal law, which banned guns in school zones, exceeded Congress's authority under the Commerce Clause, which allows Congress to regulate interstate commerce.

For your AP Government exam, important details to remember include the year of the decision (1995), the central legal question (whether the Gun-Free School Zones Act of 1990 exceeded Congress's power under the Commerce Clause), and the outcome (the Supreme Court ruled in favor of Lopez, stating that carrying a gun in a school zone did not significantly affect interstate commerce and therefore was beyond the scope of Congress's power under the Commerce Clause). This case is critical for understanding the limits of federal power and the balance of authority between state and federal governments.

To study U.S. v. Lopez, start by understanding the background of the Commerce Clause and its previous interpretations by the Court. Create flashcards highlighting key legal terms and principles, such as "Commerce Clause," "federalism," and "Gun-Free School Zones Act." Discuss the implications of the ruling on federal regulatory powers and its impact on the balance between state and federal authority with classmates. Review how this decision has been referenced in subsequent cases to understand its lasting impact on federalism and congressional authority. Engaging with a variety of study materials and viewpoints will help you grasp the significance of U.S. v. Lopez and its place in American legal history.

McDonald v. Chicago (2010) is a pivotal Supreme Court case that marked a significant moment in the interpretation of the Second Amendment and the application of constitutional rights at the state level. The case arose after Otis McDonald, a resident of Chicago, challenged the city's stringent handgun ban, arguing that it violated his Second Amendment right to keep and bear arms for self-defense. This case followed the landmark District of Columbia v. Heller (2008) decision, which had recognized an individual's right to own firearms under the Second Amendment but applied only to federal enclaves.

For your AP Government exam, it's crucial to remember the year of the decision (2010), the main legal question (whether the Second Amendment right to keep and bear arms is incorporated by the Fourteenth Amendment's Due Process Clause, making it applicable to the states), and the outcome (the Supreme Court ruled that the Second Amendment does apply to the states, thereby extending the Heller decision's protections to include state and local governments). This case is vital for understanding the evolving interpretation of the Bill of Rights and the concept of "selective incorporation."

To study McDonald v. Chicago, focus on the legal background provided by the Heller decision and how McDonald sought to expand those rights to the state level. Make flashcards with key terms and concepts, such as "Second Amendment," "selective incorporation," and "Due Process Clause of the Fourteenth Amendment." Discuss the case's broader implications for gun control laws and individual rights with peers to explore different viewpoints. Review subsequent legal challenges and discussions surrounding gun rights and regulations to understand the decision's ongoing impact. By examining various resources and engaging in thoughtful discussion, you will deepen your understanding of McDonald v. Chicago's significance in American legal and social history/

Citizens United v. Federal Election Commission (2010) is a landmark Supreme Court case that significantly changed campaign finance laws in the United States. The case arose when Citizens United, a nonprofit corporation, was prevented from airing a film critical of Hillary Clinton close to the 2008 Democratic primaries due to the Bipartisan Campaign Reform Act (BCRA), which restricted "electioneering communications" by corporations and unions. Citizens United challenged these restrictions, arguing that they violated the First Amendment's free speech protections.

For your AP Government exam, essential facts to remember about this case include the year of the decision (2010), the main legal question (whether the BCRA's restrictions on corporate and union spending on electioneering communications violate the First Amendment), and the outcome (the Supreme Court ruled that corporations and unions can spend unlimited amounts of money on political campaigns, asserting that such spending is a form of protected speech under the First Amendment). This case is crucial for understanding the intersection of free speech, campaign finance, and political influence.

To study Citizens United v. FEC, start by understanding the background of campaign finance laws in the U.S. and how this decision changed them. Create flashcards with key terms and principles, such as "electioneering communications," "Bipartisan Campaign Reform Act," and "corporate speech." Discuss the implications of the ruling on political campaigns, electoral integrity, and public perception of democracy with classmates to explore different perspectives. Review how this decision has influenced subsequent elections and the creation of Super PACs to grasp its lasting impact. Engaging with the material through diverse methods and perspectives will help you better understand the significance of Citizens United v. FEC in American political and legal history.

As you gear up for your AP Government exam, remember that these 15 landmark Supreme Court cases are not just names and dates to memorize—they are the vibrant, living history of American democracy in action. Each case represents a pivotal moment in the ongoing journey toward justice, equality, and the balance of power. By studying these cases, you're not only preparing to ace your exam; you're gaining a deeper understanding of the principles that shape our nation and the rights we hold dear. So, take a deep breath, embrace the challenge, and dive into your studies with enthusiasm and curiosity. Remember, your effort now is not just for a grade—it's a step toward becoming an informed and engaged citizen. Good luck on your AP Government exam, and remember, we're rooting for you every step of the way!

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5 Historic Supreme Court Rulings Based on the 14th Amendment

By: Suzanne McGee

Updated: December 20, 2023 | Original: May 31, 2022

The “Reconstruction amendments” are three key changes to the U.S. Constitution ratified during Reconstruction between 1865 and 1870 that address the way that slavery’s demise reshaped America’s legal system and redefined what it meant to be free and equal following the Civil War .

Of these three amendments—the 13 th , 14 th and 15 th — the 14 th Amendment appears less profound in its implications for the way we lead our lives than either of the other two, one abolishing slavery and the other guaranteeing the rights of those formerly enslaved. But the 14 th Amendment’s wording has emerged as a linchpin of key civil rights cases that have shaped our world. The myriad ways that jurists have interpreted it means that the 14 th Amendment also has become the focus of more litigation than any other part of the constitution.

Wording in the 14 th  Amendment guaranteed for the first time “due process of law” and “the equal protection of the laws” for citizens. “While the Fifth Amendment says that Congress can’t do certain things, the 14 th expressly applies the same restrictions to the states for the first time,” explains David Flugman, a partner at Selendy Gay Eisberg, who has argued constitutional law cases before numerous courts.

It is the 14 th  Amendment that created the theory of “substantive due process,” a concept that underpins many liberties that Americans take for granted today. Procedural due process is relatively straightforward directive: did a government entity follow the law when it deprived someone of their life, liberty or property? Substantive due process as a topic is one that lawyers—both practitioners and scholars—regularly debate. In a nutshell, it means that even if a new government regulation or law has clearly not run afoul of any procedural issues, its advocates must still demonstrate that any infringement of someone’s rights is justified and necessary .

The 'Right to Privacy' Argument

A “textualist”—someone who relies strictly on the exact words of a statute or of the constitution, would argue “that the right to privacy doesn’t appear anywhere in the constitution,” says Ciara Torres-Spellicy, a professor at Stetson University and a fellow of the Brennan Center for Justice. But in a series of landmark cases, Supreme Court justices chose to extrapolate an array of civil rights rooted in the idea that Americans do possess a right to privacy.

That argument derives from the substantive due process clause: that neither federal nor state governments can restrict fundamental decisions that affect their liberty or property rights without proving that there’s some kind of overwhelming national interest at stake. Just because a personal liberty or other interest isn’t specifically mentioned in the constitution, justices have argued, doesn’t mean that it doesn’t exist and that it isn’t protected.

1. Griswold v. Connecticut (June 1965)

Civil rights activist Estelle Griswold fully expected to be arrested when detectives showed up in November 1961 to investigate her new Planned Parenthood clinic in New Haven, Connecticut. She had hoped to overturn a state law dating back to 1879 that criminalized the use of contraceptives. The case was also brought against Dr. C. Lee Buxton, chairman of the Yale Medical School Department of Obstetrics and Gynecology, for providing birth control to married women. At the time, providing contraceptives was illegal in the state.

When the case was argued in front of the Supreme Court in early 1965, Griswold’s and Buxton’s lawyers contended that the law deprived both defendants and the clinic’s patients of their rights, based on the 14 th Amendment’s due process clause. Meanwhile, the state claimed it did have a compelling interest in denying even married couples access to birth control: it needed to ensure its own “continuity.”

In a 7-2 ruling, the Supreme Court justices declared the law unconstitutional. While their reasons for overturning the Connecticut statute varied, many relied on the 14 th amendment. Justice Arthur Goldberg (with Chief Justice Earl Warren and Justice William Brennan concurring) declared that the due process clause of the 14 th Amendment protects liberties “so rooted in the traditions and conscience of our people as to be ranked as fundamental.” Among these liberties, they said, was the right of married couples to make personal and private decisions about when to use contraception.

2. Loving v. Virginia (June 1967)

Another fundamental right protected by the 14 th Amendment, the Supreme Court Justices soon declared, was the right to marry whomever you wanted, regardless of their race.

One of the longest-lasting anti-miscegenation laws still on the books in the 1960s was Virginia’s Racial Integrity Act of 1924 . It required every birth or marriage certificate to define its holder as either white or “colored” and criminalized a marriage between someone deemed to be “colored” and someone with “no trace whatsoever of any blood other than Caucasian.” 

In 1958, when Virginia residents Mildred Jeter (of mixed Black and Native American ancestry) and Richard Loving (defined as “white” by the state) wanted to marry, they headed to Washington, D.C. After returning to Virginia, they were woken up in the middle of the night by policemen five weeks later and arrested. The sentence of a year’s imprisonment for both the Lovings was suspended on the condition that they leave Virginia and not return together for a period of 25 years. In response, the Lovings challenged the constitutionality of a state law telling them who they could—and couldn’t—marry.

And they prevailed. Virginia authorities argued they had as much reason to ban interracial marriages as they did to outlaw polygamy and incest, an argument rejected by every Supreme Court justice. Delivering the court’s unanimous decision in June 1967, Chief Justice Earl Warren declared that “the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the state.”

3. Roe v. Wade (January 1973)

If individuals have a right to make personal and private decisions about whom to marry (or not marry) and to use contraception, do they have the right to terminate a pregnancy?

Jane Roe (who later went public with her identity, Norma McCorvey) discovered she was pregnant with her third child in 1969. The waitress, who had relinquished custody of her two previous daughters, decided to seek an abortion, but doctors refused, citing Texas laws criminalizing the procedure except when the mother’s life is at stake. While Jane Roe couldn’t mount a successful challenge to those laws before the birth of her third daughter, the lawyer who helped her find adoptive parents introduced her to the attorneys who would help her pursue her case all the way to the Supreme Court.

In the court’s 7-2 ruling in late 1973, the 14 th  Amendment again took center stage. Associate Justice Henry Blackmun penned the decision , declaring that the right to privacy contained in part in the amendments “concept of personal liberty and restrictions on state action” was “broad enough to encompass a woman’s decision to terminate her pregnancy.” The justices ruled that a state law that broadly restricts abortion violates a woman’s right to freedom in deciding whether to continue a pregnancy.

Forty-nine years later, in June of 2022, the Supreme Court reversed its earlier decision and voted 6-3 to overturn Roe.   "Guided by the history and tradition that map the essential components of the Nation’s concept of ordered liberty, the Court finds the Fourteenth Amendment clearly does not protect the right to an abortion," read  the decision . 

4. Lawrence v. Texas (June 2003)

Houston police weren’t looking for evidence that two men were violating the sodomy laws when, in September of 1998, they entered the home of James Lawrence and arrested him and his companion, Tyron Gardiner. Rather, they were responding to a report (by Gardiner’s ex-boyfriend) that a man with a gun was “going crazy” in Lawrence’s apartment. Finding no gun, just two men engaged in sex, the police arrested both of them. Both appealed their sentence (a fine), and when the case made its way to the Supreme Court, a majority opted to overturn the Texas anti-sodomy statute in June 2003 and thus invalidate any similar laws in other states.

The law “furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual,” Justice Anthony Kennedy wrote on behalf of the six justices voting to overturn the verdict and render the statute unconstitutional. Lawrence and Garner, he added, were “entitled to respect for their private lives” and to personal autonomy as consenting adults.

5. Obergefell v. Hodges (June 2015)

If Americans were free to associate with whoever they wanted and lead their private lives without the interference of the government, would this extend to marriage equality?

What became known as the Obergefell case was actually composed of six separate lawsuits originating in Michigan, Ohio, Kentucky and Tennessee. James Obergefell and John Arthur, residents of Ohio, decided to wed in Maryland, which was one of a growing number of states to grant licenses to same-sex partners. Recognizing that Ohio wouldn’t view their marriage as legal, or extend to them any of the benefits usually given spouses under the law, they challenged the state’s restrictive laws based on the 14 th Amendment and the question of substantive due process.

Obergefell triumphed. In a 5-4 decision in June 2015, the Supreme Court required states to acknowledge and respect the validity of marriage licenses granted to same-sex couples. History and tradition may inform but don’t restrict the basis on which a court reaches its decision, Justice Kennedy said, writing for the majority. The right to marry is, he said, one of the “ personal choices central to individual dignity and autonomy ,” adding that “same-sex couples have the same right as opposite-sex couples to enjoy intimate association.” He specified that this right went beyond merely the right to engage in sex without fear of government intervention, and included the right to form “a two-person union unlike any other.”

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• Civil Rights and Equal Protection

Contrary to popular belief, the phrase “…all men are created equal,” does not appear in the U.S. Constitution.  However, it can be found in the earlier document; the Declaration of Independence.  This tells us that equality was a priority in this country, even before the American Revolution.

In 1868, equality was mentioned in the U.S. Constitution, with the ratification of the 14 th Amendment .  In an early court case about equality, the U.S. Supreme Court wrote about the purpose of the 14 th Amendment.  In the words of Justice Strong in 1879 –

The 14 th Amendment …(is)…one of a series of constitutional provisions having a common purpose, namely to secure to a recently emancipated race, which had been held in slavery through many generations, all the civil rights that the superior race enjoy. (Strauder v. West Virginia)

Ironically, application of the 14 th Amendment by the federal courts lead to the infamous 1896 decision in Plessy v. Ferguson , allowing “separate but equal” facilities for different races, otherwise known as segregation.  This decision has been overruled, making segregation by race illegal.  In the 1954 landmark decision Brown v. Board of Education , the court interpreted the 14 th Amendment to mean that:

“Separate” can never truly be “equal.”

The 14 th Amendment has been applied in many courts cases in which a law or policy requires differential treatment according to race, as well as national origin, immigration status, and religion.  Several examples cases are outlined below for further study.

Case Studies

Brown v. board of education of topeka, 1954.

• Case History

Black students and families in several states sued for denial of equal schools. In each of the school districts, black students and white students were required to attend separate public schools. Black students were prohibited from attending schools designated for white students, even if the school was closer to their home.

Does segregation by race of public school students violate the 14 th Amendment?

Several cases about segregation in public schools began in separate states; Kansas, South Carolina, Virginia, Delaware, as well as the District of Columbia. Most of the students and families suing the school districts for equal treatment lost in the lower courts. The lower courts were following the precedent set in Plessy, and said the schools did not violate the Constitution by providing separate schools. When the parties asked the U.S. Supreme Court to review their cases, the court consolidated them into one case. The name came from the first listed alphabetically – Brown v. Board of Education of Topeka .

What Do You Think The U.S. Supreme Court Decided?

The U.S. Supreme Court issued two opinions. In 1954, Brown I dealt with the constitutionality of public school segregation. The U.S. Supreme Court found unanimously that segregation of students by race, and the doctrine of “separate but equal,” violated the 14 th Amendment. In 1955, Brown II ordered the remedy, or solution, for solving the problem of segregated schools. This decision, also unanimous, instructed school districts to stop segregation at the local level promptly, and with “ all deliberate speed .”

The Supreme Court said “ We conclude that, in the field of public education, the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated … are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the 14 th Amendment .” by author of opinion, Chief Justice Earl Warren

• The Oyez Project- Brown I
• The Oyez Project – Brown II
• The opinion of the U.S. Supreme Court – Brown I
• The opinion of the U.S. Supreme Court – Brown II
• The official versions of the opinions can be found in the  U.S. Reports  at your local law library. Brown I  – Brown v. Board of Education of Topeka , 347 U.S. 483 (1954).  Brown II –  Brown v. Board of Education of Topeka , 349 U.S. 294 (1955)

Shelley v. Kraemer, 1948

White home owners in a neighborhood in St. Louis, Missouri, entered into a private agreement called a restrictive covenant. This agreement barred the sale of homes within their neighborhood to African Americans. In 1945, Mr. and Mrs. Shelley, an African-American couple, moved to St. Louis and purchased a home on Labadie Avenue, in violation of the agreement. Mr. and Mrs. Kraemer, a white couple who lived on Labadie, sued the Shelleys.

Does restricting home sales according to race violate the 14 th Amendment?

The Kraemers sued the Shelleys in the state court system of Missouri. The Missouri trial court allowed the Shelleys to stay. The Kraemers appealed to the Missouri Supreme Court. The Missouri Supreme Court reversed the decision, saying that the restrictive covenant was legal and that the Shelleys had to give up ownership of the home. The Shelleys then asked the U.S. Supreme Court to review the case.

The U.S. Supreme Court ruled that enforcement of restrictive covenants violates the 14 th Amendment. If the state court or state law enforcement officials attempted to enforce the restrictive covenant, they would be denying the Shelley’s right to equal protection of the laws, and therefore violating the U.S. Constitution.

The Supreme Court said “It cannot be doubted that among the civil rights intended to be protected from discriminatory state action by the 14 th Amendment are the rights to acquire, enjoy, own and dispose of property. Equality in the enjoyment of property rights was regarded by the framers of that Amendment as an essential pre-condition … of other basic civil rights and liberties which the Amendment was intended to guarantee.” by author of opinion, Chief Justice Fred M. Vinson

• The Oyez Project
• The opinion of the U.S. Supreme Court
• See the house on Labadie here:
• The official version of the opinion can be found in the U.S. Reports at your local law library. Shelley v. Kraemer , 334 U.S. 1 (1948)

Loving v. Virginia, 1967

The state of Virginia had a statute forbidding interracial marriage. In 1958, Mildred Jeter and Richard Loving traveled from Virginia to Washington D.C. to get married. Mildred was a black woman, and Richard was a white man. When they returned to their home state of Virginia, they were arrested, found guilty, and sentenced to serve jail time.

Does prohibiting a marriage based on the race of the couple violate the 14 th Amendment?

The state of Virginia pursued criminal charges against the Lovings. They asked the state court to dismiss the charges, stating the Virginia law was unconstitutional. They lost in the trial court, and they then appealed to the Virginia Supreme Court, which also upheld the law. The Lovings then asked the U.S. Supreme Court to review the case.

The U.S. Supreme Court unanimously found the Virginia law against interracial marriage to be in violation of the 14 th Amendment. The Court could find no legitimate purpose for the law, other than racial discrimination.

The Supreme Court said “ The 14 th Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State. ” by author of opinion, Chief Justice Earl Warren.

• The official version of the opinion can be found in the U.S. Reports at your local law library. Loving v. Virginia , 388 U.S. 1 (1967).