Schultz D. Encyclopedia of the United States Constitution

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852 U.S. Constitution Time Line

In Sherbert v. Verner, the Supreme Court

rules that a state must give unemployment

beneﬁ ts to a person who was ﬁ red from a

job for refusing to work on her sabbath

In Abington v. Schempp, the Supreme

Court declares Bible reading in public

schools to be unconstitutional

In Edwards v. South Carolina, the

Supreme Court effectively incorporates

the First Amendment right of petition to

apply to the states

1964 The Civil Rights Act of 1964 is passed by

Congress

In Heart of Atlanta Motel v. United States

and Katzenbach v. McClung, the Supreme

Court upholds the constitutionality of the

1964 Civil Rights Act

In New York Times v. Sullivan, the Supreme

Court establishes a higher standard that

must be met for a public ofﬁ cial to sue libel

The Twenty-fourth Amendment is adopted,

outlawing poll taxes

In Aguilar v. Texas, the Supreme Court

incorporates the warrant requirements of the

Fourth Amendment to apply to the states

In Malloy v. Hogan, the Supreme Court

incorporates the Fifth Amendment privi-

lege against self-incrimination to apply to

the states

In Reynolds v. Sims, the Supreme Court

establishes the “one person, one vote” stan-

dard for redistricting

1965 The Voting Rights Act of 1965 is passed by

Congress

In Pointer v. Texas, the Supreme Court

incorporates the Sixth Amendment right to

confront witnesses to apply to the states

In Griswold v. Connecticut, the Supreme

Court declares unconstitutional a state law

making it illegal to sell contraceptives to

married couples

1966 In Miranda v. Arizona, the Supreme Court

rules that those suspected of a crime must

be read their rights when they are taken

into custody

1967 Thurgood Marshall becomes the ﬁ rst Afri-

can American on the Supreme Court

The Twenty-ﬁ fth Amendment is adopted,

creating a line of succession to the presi-

dency in the event of a vacancy

In Klopfer v. North Carolina, the Supreme

Court incorporates the Sixth Amendment

right to a speedy trial to apply to the states

1968 Supreme Court decides in Flast v. Cohen

that taxpayers have standing to chal-

lenge some religious funding under the

Constitution

Congress adopts the Indian Bill of Rights

In Duncan v. Louisiana, the Supreme Court

incorporates the Sixth Amendment right to

a t

ial by jury (for significant offenses) to

apply to the states

1969 In Brandenburg v. Ohio, the Supreme

Court rules that mere advocacy of violence

is protected under the First Amendment

In Stanley v. Georgia, the Supreme Court

rules that individuals have a First Amend-

ment right to view pornography in their

own homes

In Tinker v. Des Moines Independent

School District, the Supreme Court rules

that students have a First Amendment right

to wear black armbands in school to protest

the Vietnam War

In Benton v. Maryland, the Supreme Court

incorporates the Fifth Amendment right

against double jeopardy to apply to the

states

In Red Lion Broadcasting v. FCC, the

Supreme Court upholds the fairness

doctrine

Warren Burger becomes chief justice

1970 In Oregon v. Mitchell, the Supreme Court

declares unconstitutional a federal law low-

ering the voting age in state elections to 18

years old

1971 In Lemon v. Kurtzman, the Supreme Court

issues a constitutional test to determine

when state aid to parochial schools violates

the establishment clause

vi+904_EofUSConsti-v2.indd 852 3/20/09 2:19:35 PM

U.S. Constitution Time Line 853

In Swann v. Charlotte-Mecklenburg Board

of Education, the Supreme Court upholds

the use of busing to achieve racial integra-

tion of schools

In Cohen v. California, the Supreme Court

rules that the First Amendment protects

the right of an individual to depict profanity

on a piece of clothing in a court to protest

the Vietnam War.

In New York Times Co. v. United States, the

Supreme Court afﬁ rms the First Amend-

ment right to publish the Pentagon Papers

The Twenty-sixth Amendment is adopted,

overturning Oregon v. Mitchell and lower-

ing the voting age to 18 years

1972 In Furman v. Georgia, the Supreme Court

strikes down all death penalty laws as

unconstitutional

In Eisenstadt v. Baird, the Supreme

Court strikes down a state law preventing

the sale of birth control devices to single

individuals

1973 Laws outlawing abortion are struck down in

Roe v. Wade

Supreme Court establishes a new test for

obscenity in Miller v. California

Four justices in the Supreme Court case

Frontiero v. Richardson declare “sex” to be

a suspect classiﬁ cation

Supreme Court declares, in San Antonio

Independent School District v. Rodriguez,

that education is not a fundamental right and

that wealth is not a suspect classiﬁ cation

Congress adopts the War Powers Act

1974 In United States v. Nixon, the Supreme

Court orders President Nixon to turn over

his private, tape-recorded White House

conversations to a special prosecutor

1976 In Buckley v. Valeo, the Supreme Court

upholds portions of the new Federal Elec-

tion Campaign Act that regulate campaign

contributions; the Court strikes down the

regulations on campaign spending

In Gregg v. Georgia, the Supreme Court

upholds the Georgia death penalty law

In Craig v. Boren, the Supreme Court states

that a higher level of scrutiny is needed

when individuals are classiﬁ ed by gender

1977 In Carey v. Reproductive Health Services,

the Supreme Court rules that the Constitu-

tion protects the right of minors to receive

birth control

In Coker v. Georgia, the Supreme Court

declares that the Eighth Amendment bars

the execution of individuals convicted of

rape

1978 In Regents of the University of California v.

Bakke, the Supreme Court upholds the use

of affirmative action in education admis-

sions so long as race is one of several factors

used in evaluating candidates

In Zurcher v. Stanford Daily, the Supreme

Court upholds the issuance of search war-

rants to search a student newspaper ofﬁ ce

C v. Paciﬁ ca Foundation, the Supreme

Court afﬁ rms the power of the FCC to ﬁ ne

a radio station for the broadcast of George

Carlin’s “Seven Dirty Words” routine

1981 Sandra Day O’Connor becomes the first

woman on the Supreme Court

1982 In New York v. Ferber, the Supreme Court

declares that child pornography is obscene

and not protected by the First Amendment

1983 In INS v. Chadha, the Supreme Court

declares a one-house legislative veto to be

an unconstitutional violation of the present-

ment clause

1986 William Hubbs Rehnquist becomes chief

justice

In Bowers v. Hardwick, the Supreme

Court rules that private, consensual homo-

sexual sodomy is not protected by the

Constitution

In Bethel School District v. Fraser, the

Supreme Court rules that public school

ofﬁ cials can regulate student speech that is

vulgar

In Meritor Savings Bank v. Vinson, the

Supreme Court declares sexual harassment

to be sexual discrimination

vi+904_EofUSConsti-v2.indd 853 3/20/09 2:19:35 PM

854 U.S. Constitution Time Line

In Bowsher v. Synar, the Supreme Court

strikes down the Budget and Emergency

Deﬁ cit Control Act of 1985, ruling it to be a

violation of separation of powers

1987 In a contentious confirmation process,

United States Senate refuses to confirm

Robert Bork to the Supreme Court

1988 In Hazelwood School District v. Kuhlmeier,

the Supreme Court rules that public school

ofﬁ cials can regulate school-sponsored stu-

dent speech

In Morrison v. Olson, the Supreme Court

upholds the constitutionality of the special

prosecutor law

1989 In Texas v. Johnson, the Supreme Court

declares unconstitutional a law making ﬂ ag

burning illegal

1990 In Cruzan v. Director, Missouri Depart-

ment of Health, the Supreme Court rules

that individuals have a right to withhold

medical treatment and to die

In Employment Division v. Smith, the

Supreme Court afﬁ rms the unemployment

beneﬁ ts to two Native Americans who were

ﬁ red from work because they tested posi-

tive for the use of peyote during an Indian

religious ceremony

1991 Clarence Thomas is conﬁ rmed as a Supreme

Court justice after allegations of sexual

harassment by Anita Hill

1992 In Planned Parenthood v. Casey, the

Supreme Court reaffirms Roe v. Wade

but also upholds several restrictions upon

women seeking abortions

In Lee v. Weisman, the Supreme Court

bans public prayer at public school

graduations

The Supreme Court strikes down a cross-

burning law as a violation of the First

Amendment in R.A.V. v. St. Paul

The Twenty-seventh Amendment, originally

proposed in 1789, is adopted, providing that

any changes in compensation for members

of Congress cannot take effect until after

the next election

1993 Congress adopts the Religious Freedom

Restoration Act in an effort to overturn

Employment Division v. Smith

1995 In United States v. Lopez, the Supreme

Court strikes down Congress’s authority

under the commerce clause to regulate

guns near schools

In Rosenberger v. Rector & Visitors of the

University of Virginia, the Supreme Court

rules that the University of Virginia can-

not deny student activity fees to religious

groups

1996 Congress seeks to regulate the content of

the Internet with the adoption of the Com-

munications Decency Act

1997 In City of Boerne v. Flores, the Supreme

Court strikes down application of the Reli-

gious Freedom Restoration Act to the states

In Reno v. ACLU, the Supreme Court

strikes down two provisions of the Commu-

nications Decency Act of 1996

In Printz v. United States, the Supreme

Court declares that Congress lacks the

aut

hority under the commerce clause and

the Tenth Amendment to require local ofﬁ -

cials to perform mandatory background

checks on gun purchasers under the Brady

Handgun Violence Protection Act

1998 In Clinton v. New York, the Supreme Court

strikes down the presidential line-item veto

2000 In Bush v. Gore, the Supreme Court halts

the Florida presidential recount, making

George Bush the winner of the 2000 presi-

dential race

In Santa Fe Independent School District v.

Doe, the Supreme Court rules that a high

school’s practice of announcing prayers

over the loudspeaker at high school football

games violates the establishment clause

In Boy Scouts v. Dale, the Supreme Court

rules that the First Amendment protects

the right of the Boy Scouts to exclude gays

from their organization

2001 Terrorist attacks on the United States

The PATRIOT Act is adopted

vi+904_EofUSConsti-v2.indd 854 3/20/09 2:19:36 PM

U.S. Constitution Time Line 855

In Cooper Industries v. Leatherman, the

Supreme Court incorporates the Eighth

Amendment right against excessive ﬁ nes to

apply to the states

2002 Congress passes McCain-Feingold, the

Bipartisan Campaign Reform Act, to regu-

late money in politics

In Atkins v. Virginia, the Supreme Court

declares that the Eighth Amendment bars

the execution of individuals who are men-

tally retarded

2003 Supreme Court overrules Bowers v. Hard-

wick in Lawrence v. Texas

In a pair of cases, Gratz v. Bollinger and

Grutter v. Bollinger, the Supreme Court

upholds the use of afﬁ rmative action to pro-

mote educational diversity

In Virginia v. Black, the Supreme Court

upholds a state cross-burning law as

constitutional

In McConnell v. FEC, the Supreme Court

upholds the soft money ban in the Biparti-

san Campaign Finance Reform Act of 2002

In United States v. American Library Asso-

ciation, the U.S. Supreme Court upholds

the Children’s Internet Protection Act

2004 In Hamdi v. Rumsfeld, the Supreme Court

rules that an American citizen cannot be

held indeﬁ nitely on American soil without

a right to habeas corpus review

In Rasul v. Bush, the Supreme Court rules

that aliens being held in conﬁ nement at the

American military base in Guantánamo

Bay, Cuba, are entitled to have a federal

court hear challenges to their detention

under the federal habeas corpus statute

2005 John G. Roberts, Jr., becomes chief justice

of the Supreme Court

In Roper v. Simmons, the Supreme Court

declares the imposition of the death penalty

on individuals under the age of 18 to be a

violation of the Eighth Amendment

In Kelo v. City of New London, the Supreme

Court afﬁ rms as a valid public use for emi-

nent domain the taking of private property

for economic development purposes

2006 Samuel Alito replaces Sandra Day O’Connor

as justice on the Supreme Court

The U.S. Supreme Court upholds a Ten

Commandments monument display in a

Texas public park in Van Orden v. Perry

and strikes down displays of the Ten Com-

mandments outside two Kentucky county

courthouses in McCreary County v. ACLU

of Kentucky

2007 In Gonzales v. Carhart, the Supreme Court

upholds a federal law banning partial birth

abortions

In Parents Involved in Community Schools

v. Seattle School District, the Supreme

Court rules that race may not be used in

school placement/enrollment decisions

In Morse v. Frederick, the Supreme Court

rul

es that school ofﬁ cials can censor/punish

student speech seen as advocating illegal

drug use

In FEC v. Wisconsin Right to Life, the

Supreme Court rules that McCain-Feingold

restrictions on advertising are unconstitu-

tional as applied

2008 In Boumediene v. Bush, the Supreme Court

rules that the foreign terrorist suspects held

in Guantánamo Naval Base in Cuba have

the right of habeas corpus (to challenge

their detention in a U.S. court), which was

previously denied to them by the Military

Commissions Act of 2006

The Supreme Court rules in District

of Columbia v. Heller that the Second

Amendment protects the rights of citizens

to own a ﬁ rearm for private use. This case

was the ﬁ rst in Supreme Court history to

directly address the issue of gun control for

individuals

vi+904_EofUSConsti-v2.indd 855 3/20/09 2:19:36 PM

856

ﱶﱷﱸ

This encyclopedia cites hundreds of Supreme

Court and other court cases. To ﬁ nd them, one

needs to know some basic rules about how these

cases are referenced.

All court cases cited are reported or published

in a similar way. The general citation format is the

name of the case printed in italics or underlined,

followed by a comma, and then a citation to the

volume number of the reporter it is in, the abbrevi-

ation of the name of the reporter the decision is in,

the page number the decision starts on, and then

the date of the decision in parentheses. The name

of the case includes the two parties to the case.

For example, take a case such as Baker v. Carr,

a famous case that dealt with reapportionment.

There are several ways that one can look up this

case. Baker represented the plaintiff, the person

appealing or bring the case, and Carr was the

defendant or respondent, the party against whom

the court case was brought. The “v.” is an abbre-

viation for “versus.” “Baker v. Carr” is thus read as

“Baker versus Carr.”

Court decisions can be found in many public

libraries. County courthouses, state law librar-

ies, and college and law school libraries are other

places where court opinions may be found.

The Word Wide Web has many sites where

court decisions can be found. The federal govern-

ment, as well as many states and speciﬁ c courts,

also have their own Web sites where many deci-

sions are located.

United States Supreme Court Decisions

United States Supreme Court cases are published

in three different volumes. The ofﬁ cial publication

for the Court’s opinions is United States Reports,

abbreviated as “U.S.” The ofﬁ cial citation to Baker

v. Carr would thus be Baker v. Carr, 369 U.S.

186 (1962). What this citation means is that this

decision can be found in volume number 369 of

United States Reports, with the decision starting

on page 186. The information in the parentheses,

1962, refers to the year the decision was issued.

The ﬁ rst 90 volumes of United States Reports

also contain the name of the specific court

reporter in the citation. It is important to note

that, for most people and lawyers, speciﬁ c refer-

ence to that reporter is not needed.

United States Supreme Court Reports, abbre-

viated as “L.Ed” or “L.Ed.2d.,” is a second place

where Supreme Court decisions are reported.

This is a private and unofﬁ cial reporter, but it is a

very good and widely used source to cite and look

up Court decisions. There is both a ﬁ rst and sec-

ond edition of this volume, with the ﬁ rst edition

cited as “L.Ed.” and the second edition cited as

“L.Ed.2d.” Baker v. Carr is cited here as Baker v.

Carr, 7 L.Ed.2d. 663 (1962).

Finally, the Supreme Court Reporter, abbrevi-

ated as S.Ct., is a third privately published source

of Supreme Court opinions. Baker v. Carr is cited

as Baker v. Carr, 82 S.Ct. 691 (1962).

Sometimes one might see a citation such as Baker

v. Carr, 369 U.S. 186, 195 (1962), where a second

number is cited after the beginning page number of

the decision. That second page number refers to a

speciﬁ c page or reference in that decision; the “195”

refers to some citation on page 195 of the United

States Reports decision in Baker v. Carr.

Other Federal Court Decisions

United States Federal Court of Appeals decisions

are published in the Federal Reporter, abbrevi-

ated as “F.,” “F.2d.,” or “F.3d.”

LOCATING COURT CASES

vi+904_EofUSConsti-v2.indd 856 3/20/09 2:19:36 PM

Locating Court Cases 857

United States District Court opinions are pub-

lished in the Federal Supplement, abbreviated as

“F.Supp.”

Both federal court of appeals and district court

decisions, as well as all other federal and state

cases, are cited the same way as Supreme Court

decisions, with the name of the case printed

in italics or underlined, followed by a comma,

and then a citation to the volume number of the

reporter it is in, the abbreviation of the name of

the reporter the decision is in, the page number

the decision starts on, and then the date of the

decision in parentheses.

There are many other federal court decisions for

speciality courts, such as bankruptcy and courts of

claims. Each of them has their own books or vol-

umes where their decisions can be found.

State Court Decisions

State court decisions can be located in the same

way as federal court opinions.

Most states have their own ofﬁ cial reporters for

their opinions. However, West Group, a private

legal publisher, has created a series of nine dif-

ferent books where one can ﬁ nd state court opin-

ions. New York court opinions are found in the

New York Supplement, cited as “N.Y. Supp.” or

“N.Y.S. 2d.,” and California decisions since 1960

are located in the California Reporter, cited as

“Cal. Rptr.” or “Cal. Rptr. 2d.,” etc. The rest of the

states are found in one of seven different volumes,

grouped by geography, with each volume having

its own abbreviation.

vi+904_EofUSConsti-v2.indd 857 3/20/09 2:19:36 PM

858

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