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Top 21 Constitutional Mishaps

1. Dred Scott v. Sandford

The Supreme Court's 1857 ruling in Dred Scott v. Sandford marked a pivotal moment in American legal history. The decision declared that African Americans could not be U.S. citizens, denying them the ability to sue in federal court. This ruling upheld the view of African Americans as property rather than individuals with rights, reinforcing the institution of slavery. It also nullified congressional power to regulate slavery in the territories, invalidating the Missouri Compromise.

Key points of the decision:

  • Declared African Americans non-citizens
  • Upheld slavery as a legal institution
  • Invalidated the Missouri Compromise

The Dred Scott decision propelled the nation towards the Civil War and underscored the need for constitutional amendments to address such profound inequities.

Dred Scott standing on the steps of the Supreme Court building, looking determined

2. Plessy v. Ferguson

The 1896 Supreme Court decision in Plessy v. Ferguson established the "separate but equal" doctrine, enforcing racial segregation in public facilities. This ruling arose when Homer Plessy, a man of mixed race, challenged Louisiana's segregation law by sitting in a "whites-only" railroad car. The Court's affirmation of segregation laws provided legal justification for systemic inequality, despite the Constitution's promise of equality under the 14th Amendment.

The effects of Plessy v. Ferguson rippled through every facet of public life, from schools to transportation, perpetuating racial disadvantage. It wasn't until the 1954 Brown v. Board of Education decision that the "separate but equal" doctrine was overturned, signaling a shift towards true equality.

"Separate but equal" doctrine upheld racial segregation for nearly six decades.

Plessy v. Ferguson serves as a reminder of how legal interpretations can conflict with foundational ideals, emphasizing the importance of protecting civil liberties within our constitutional framework.

3. Korematsu v. United States

In 1944, the Supreme Court faced a constitutional dilemma in Korematsu v. United States. The case centered on the internment of Japanese Americans during World War II, a measure justified on national security grounds. Fred Korematsu, an American citizen of Japanese ancestry, challenged the internment as a violation of his constitutional rights.

The Court's majority opinion upheld the government's decision, asserting that the need to protect against espionage outweighed individual freedoms guaranteed by the Constitution. This ruling highlighted the tension between civil liberties and governmental power during times of national crisis.

Korematsu v. United States, while never formally overturned, has been widely criticized. It serves as a reminder of the vulnerabilities minorities may face and the importance of safeguarding individual rights, even amid pressing national security concerns. The case continues to prompt discussions about balancing security and liberty within our constitutional republic.

Rows of barracks at a Japanese internment camp during World War II

4. Citizens United v. FEC

The 2010 Supreme Court decision in Citizens United v. Federal Election Commission had far-reaching implications for American political life. The ruling granted corporations and unions the capacity for unlimited political spending, asserting that restrictions on such spending infringed upon free speech rights protected by the First Amendment.

Key outcomes of the decision:

  • Increased corporate influence in elections
  • Expanded interpretation of First Amendment rights
  • Sparked debate on campaign finance reform

This decision intensified the influence of wealthy corporate entities and special interest groups in elections. Supporters argue it protects essential freedoms and fosters a robust exchange of ideas. Critics contend it has led to political inequities, where the voices of average citizens can be overshadowed by extensive financial contributions.

Citizens United v. FEC continues to provoke debate about the nature of political influence and the balance between regulating electoral processes and safeguarding free speech. It exemplifies how interpretations of constitutional principles can shape the democratic fabric of the United States, illustrating the evolving discourse on power dynamics within our constitutional republic.

A scale with a pile of money on one side outweighing a single vote on the other

5. Buck v. Bell

The 1927 Supreme Court decision in Buck v. Bell addressed the controversial issue of eugenics. Carrie Buck, a young woman with a mental disability, challenged Virginia's law permitting forced sterilization of individuals deemed "unfit" to reproduce. The Court, led by Justice Oliver Wendell Holmes Jr., upheld the state's actions, endorsing a doctrine that curtailed the reproductive rights of vulnerable individuals.

"Three generations of imbeciles are enough." – Justice Oliver Wendell Holmes Jr.

This ruling exemplified how judicial interpretations could be shaped by prevailing societal biases rather than objective constitutional principles. Buck v. Bell underscores the necessity for constitutional vigilance to ensure individual rights are not sacrificed to misguided ideologies. It serves as a reminder of the importance of protecting the sanctity of citizenship rights for all within our constitutional framework.

A solemn portrait of Carrie Buck, the plaintiff in Buck v. Bell

6. Shelby County v. Holder

The 2013 Supreme Court decision in Shelby County v. Holder significantly impacted voting rights in the United States. The case examined the Voting Rights Act of 1965, specifically the constitutionality of Section 4(b), which determined which jurisdictions required federal oversight before changing voting laws or practices.

In a 5-4 decision, the Court invalidated the coverage formula, effectively nullifying the preclearance requirement. This ruling shifted responsibility for protecting minority voters from federal oversight back to the states. Proponents argue it respects state sovereignty, while critics contend it overlooks ongoing voter suppression efforts.

Shelby County v. Holder reignited debates over the balance between states' rights and federal intervention in protecting voting rights. It exemplifies the evolving interpretation of constitutional principles in the context of voting, emphasizing the challenges in balancing power within our constitutional republic.

A diverse group of American citizens waiting in line to vote

7. Roe v. Wade Reversed: Dobbs v. Jackson

The 2022 Supreme Court decision in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade, dismantling nearly five decades of established precedent protecting the federal constitutional right to abortion. This ruling shifted the power to regulate abortion laws back to individual states.

The Court, with its conservative majority, ruled that the Constitution does not confer a specific right to abortion. This decision transformed the United States into a patchwork of varying abortion laws, with states enacting different levels of restrictions or protections.

Dobbs v. Jackson represents a significant departure from past legal norms, prompting renewed scrutiny of how personal liberties are defined and protected under the Constitution. It exemplifies the dynamic interplay between law, morality, and cultural evolution within the American legal system, highlighting the ongoing influence of judicial philosophy on individual rights in our constitutional republic.

A group of protesters holding signs in support of abortion rights

8. Schenck v. United States

The 1919 Schenck v. United States decision emerged as a cornerstone case in defining the extent of free speech under the First Amendment. Charles Schenck, General Secretary of the Socialist Party, was charged for distributing leaflets urging resistance to the military draft during World War I.

The Supreme Court introduced the "clear and present danger" test, a standard for assessing the limits of free speech. Justice Oliver Wendell Holmes Jr. articulated that expressions deemed to endanger public safety or national security could be restricted.

Schenck v. United States marked a turning point in constitutional interpretation, attempting to delineate the boundary between individual liberties and societal protection. This decision laid the groundwork for subsequent judicial examination of free speech, catalyzing an ongoing discourse about its scope and limitations within our constitutional republic.

9. Brown v. Board of Education

Brown v. Board of Education, decided in 1954, invalidated the "separate but equal" doctrine that had justified racial segregation in public schools. This landmark Supreme Court ruling represented a crucial step toward achieving equality under the Constitution.

Chief Justice Earl Warren's unanimous opinion concluded that segregated educational facilities violated the Equal Protection Clause of the 14th Amendment. The Court recognized that separate facilities were inherently unequal, acknowledging the harmful impact of segregation on African American children.

While Brown v. Board of Education set a powerful precedent for challenging racial discrimination, it also highlighted the difficulties of implementing desegregation. Resistance persisted in various regions, necessitating additional legal challenges and enforcement measures.

The decision catalyzed decades of legal and societal progress, forming the foundation for subsequent rulings that sought to dismantle entrenched systems of discrimination. It remains a testament to the Constitution's power to address historical injustices and promote equality within the framework of a constitutional republic.

African American and white students walking together into a newly desegregated school

10. Loving v. Virginia

Loving v. Virginia, decided in 1967, challenged the constitutionality of state laws prohibiting interracial marriage. The case centered on Richard and Mildred Loving, a biracial couple arrested for violating Virginia's ban on interracial unions after marrying in Washington, D.C.

The Supreme Court's unanimous decision, delivered by Chief Justice Earl Warren, held that laws barring interracial marriage were unconstitutional. The ruling violated the Equal Protection and Due Process Clauses of the 14th Amendment. Warren affirmed that marriage is a fundamental human freedom that must be protected against racial discrimination.

"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." – Chief Justice Earl Warren

Loving v. Virginia dismantled all remaining laws against interracial marriage across the United States. It reinforced the principle that all citizens, regardless of race, have the right to marry whom they choose. The decision laid the groundwork for ongoing efforts to expand civil liberties and foster a more inclusive interpretation of constitutional rights.

This case exemplifies how personal courage and conviction can drive the pursuit of justice within the framework of the American constitutional republic.

Richard and Mildred Loving, the interracial couple at the center of Loving v. Virginia, standing outside the Supreme Court

11. Students for Fair Admissions v. Harvard

The 2023 Supreme Court ruling in Students for Fair Admissions v. Harvard reshaped the dialogue on race-conscious admissions policies in higher education. The case scrutinized the constitutionality of using race as a criterion in college admissions, challenging the precedent set by earlier decisions that affirmed diversity as a compelling interest in educational settings.

Students for Fair Admissions, led by Edward Blum, alleged that Harvard University's admissions practices maintained an implicit racial quota system that unfairly disadvantaged Asian American applicants. The Supreme Court's conservative majority ruled against Harvard, stating that the admissions process did not align with the constitutional requirement for "narrowly tailored" consideration of race.

Chief Justice John Roberts' decision marked a departure toward race-neutral admissions criteria. Advocates argue that it reaffirms equal treatment under the law, while critics express concern over potential regression in campus diversity.

  • Overturned precedent set in Grutter v. Bollinger (2003)
  • Eliminated race as a factor in college admissions
  • Sparked debate on maintaining diversity in higher education

This ruling exemplifies the ongoing evolution of constitutional interpretation, illustrating the complexities of balancing individual rights with broader societal objectives. As colleges and universities adjust to this new reality, the dialogue on race, equality, and opportunity continues within the framework of a constitutional republic.

A diverse group of high school students working on college applications

12. United States v. Virginia

In 1996, United States v. Virginia challenged the Virginia Military Institute's (VMI) male-only admissions policy. The case addressed whether this policy at a state-funded military college violated the Equal Protection Clause of the 14th Amendment.

Justice Ruth Bader Ginsburg, delivering the majority opinion, declared that VMI's all-male policy could not justify denying women equal educational opportunities. She emphasized that governmental classifications based on sex must serve exceedingly persuasive justifications and should not reinforce outdated gender roles.

The Court's decision mandated the inclusion of women at VMI, setting a precedent for gender equality in education. It recognized that equal protection under the law requires institutions to offer educational and social benefits to all individuals, regardless of gender.

Key points of the ruling:

  • Rejected VMI's argument for maintaining single-sex education
  • Established a higher standard for justifying sex-based classifications
  • Reinforced the principle of equal educational opportunities

United States v. Virginia underscored the evolving interpretation of constitutional principles in promoting gender equity. By dismantling historical barriers, the decision reinforced the core constitutional values of equality and fairness, encouraging a shift toward inclusive policies in education.

Female cadets marching alongside male cadets at the Virginia Military Institute

13. Griswold v. Connecticut

Griswold v. Connecticut in 1965 addressed the issue of privacy in marital relations, laying the groundwork for future rulings on reproductive rights and personal freedoms. The case originated when Estelle Griswold and Dr. C. Lee Buxton were convicted under a Connecticut law criminalizing the use of contraceptives and related medical advice for married couples.

Justice William O. Douglas's majority opinion ruled that the Connecticut law violated the "right to marital privacy" implied within the Constitution. Douglas explored the "penumbras" and "emanations" of various provisions in the Bill of Rights as the basis for this right, demonstrating the flexibility of constitutional analysis.

"We deal with a right of privacy older than the Bill of Rightsโ€”older than our political parties, older than our school system." – Justice William O. Douglas

Griswold v. Connecticut's recognition of a right to privacy influenced subsequent cases that expanded reproductive rights and personal autonomy. It articulated a shift in the balance between state regulation and personal freedom, fostering a broader acceptance of privacy as a fundamental right.

This decision continues to shape interpretations of constitutional protections, illustrating the Constitution's capacity to adapt to societal changes while safeguarding core principles of liberty and personal dignity.

A symbolic representation of marital privacy with a house protected by the Constitution

14. Lochner v. New York

Lochner v. New York, decided in 1905, examined the balance between a state's power to impose labor regulations and constitutional protections for economic freedoms. The case challenged New York's Bakeshop Act, which limited bakery employees' working hours.

In a 5-4 decision, the Court sided with bakery owner Joseph Lochner, holding that the Act interfered with the "liberty of contract" under the 14th Amendment's Due Process Clause. Justice Rufus Peckham's majority opinion expressed skepticism about the law's public health objectives, framing it as an overreach into private business matters.

The ruling sparked debate about the appropriate reach of governmental power in economic matters. Critics argued it neglected industrial labor conditions and potential harms to workers. The decision reflected a judicial philosophy known as "Lochnerism," which often prioritized business interests over progressive labor reforms.

  • Struck down New York's Bakeshop Act as unconstitutional
  • Emphasized "liberty of contract" as a protected right
  • Established a precedent of judicial intervention in economic regulation

Over time, the Lochner framework faced growing critique and was gradually overturned by subsequent Supreme Court decisions that championed a more balanced approach to state regulation and individual rights.

Lochner v. New York remains a pivotal moment in constitutional history, illustrating the dynamic interplay between liberty and regulation within a constitutional republic. It serves as a reminder of the ongoing dialogue about harmonizing individual freedoms with collective societal interests.

An early 20th-century bakery with workers in harsh conditions

15. Obergefell v. Hodges

The 2015 Supreme Court decision in Obergefell v. Hodges legalized same-sex marriage nationwide, marking a significant moment for LGBTQ+ rights in the United States. This ruling extended marriage equality to same-sex couples, affirming it as a fundamental right under the Constitution.

The case arose from several lawsuits filed by same-sex couples seeking marriage recognition or the right to marry legally. The Court considered whether states could constitutionally prohibit same-sex marriages or refuse to recognize such marriages performed elsewhere.

Justice Anthony Kennedy, writing for the majority, argued that marriage is a fundamental right inherent in personal liberty. He emphasized that under the Constitution, same-sex couples are entitled to the same marital rights as any other couple. The decision invalidated state bans on same-sex marriage and reinforced the notion that all citizens have the right to form legally recognized partnerships.

Obergefell v. Hodges demonstrated the judiciary's role in responding to societal shifts and expanding civil rights. It brought profound changes, invigorating the LGBTQ+ rights movement and allowing many individuals to live more openly. The case stands as an example of the ongoing pursuit of equality within the constitutional framework of the United States.

A same-sex couple celebrating their marriage with supporters outside the Supreme Court

16. Kelo v. City of New London

The 2005 Supreme Court case Kelo v. City of New London redefined the boundaries of eminent domain under the Fifth Amendment. This decision broadened the government's power to seize private property for economic development initiatives promising public benefits such as job creation and increased tax revenue.

The case began when New London, Connecticut, aimed to revitalize its economy by providing land to a private developer for a commercial complex. Susette Kelo and other homeowners challenged the seizure of their property, arguing that transferring land to private developers for economic purposes did not constitute a legitimate "public use."

In a 5-4 decision, the Court upheld New London's actions. Justice John Paul Stevens, writing for the majority, emphasized that economic rejuvenation projects aimed at benefiting the community's welfare could satisfy the public use requirement.

The ruling sparked public discourse on property rights and potential governmental overreach. Critics argued that it misinterpreted the Constitution's intentions by allowing private property to be taken for private enterprise under the guise of public benefit.

In response, many states enacted laws to limit the use of eminent domain for economic development.

Kelo v. City of New London continues to influence legal and political spheres, illustrating the complexities of balancing private property rights with community development objectives. It serves as an example of how constitutional provisions are interpreted and invites ongoing examination of governmental authority and individual liberties within the U.S. constitutional framework.

A contrast between a residential neighborhood and a large commercial development

17. Regents of the University of California v. Bakke

The 1978 Supreme Court decision in Regents of the University of California v. Bakke addressed affirmative action and equal opportunity in higher education admissions. Allan Bakke, a white applicant denied admission to the University of California, Davis, Medical School, challenged the school's policy of reserving seats for minority applicants, arguing it violated the Equal Protection Clause and Title VI of the Civil Rights Act.

The Court's ruling struck a balance by:

  • Invalidating strict racial quotas in admissions
  • Recognizing race as a permissible factor in a holistic admissions process

Justice Lewis Powell's pivotal opinion stated that while outright racial quotas were impermissible, universities could legitimately strive for diverse student bodies, acknowledging the educational benefits of diversity.

This decision influenced how universities approach diversity in admissions, allowing race to be considered as a "plus factor" among other elements in evaluating applicants. It set the stage for future affirmative action debates and policies, shaping the framework of diversity initiatives in educational institutions.

Regents of the University of California v. Bakke signified an evolution in interpreting principles of equality and access to education, emphasizing the need to balance individual rights with broader societal goals. The ruling continues to guide discussions on affirmative action, equality, and inclusivity in academia, highlighting the Constitution's role in addressing complex social issues within a constitutional republic.

A diverse group of students studying together on a university campus

18. Gitlow v. New York

The 1925 Supreme Court decision in Gitlow v. New York marked a pivotal moment in constitutional law, initiating the doctrine of incorporation. Benjamin Gitlow, a socialist arrested for distributing pamphlets advocating government overthrow, challenged his conviction under New York's Criminal Anarchy Law, arguing his First Amendment rights had been violated.

Though the Court upheld Gitlow's conviction, it acknowledged that freedom of speech and press are protected from state infringement by the Fourteenth Amendment's Due Process Clause. This recognition set a precedent for applying Bill of Rights protections to state actions, reshaping the relationship between federal and state governments concerning individual freedoms.

Key impacts of Gitlow v. New York:

  1. Catalyzed the incorporation process
  2. Led to the application of most Bill of Rights protections to state actions
  3. Affirmed the Constitution's adaptability in addressing evolving societal norms
  4. Prompted states to align more closely with federally-guaranteed rights

This case serves as a cornerstone in the development of modern civil rights, exemplifying the judiciary's role in safeguarding individual rights within the constitutional republic of the United States. It continues to resonate as a reminder of the dynamic interplay between national principles and state sovereignty in the ongoing quest for liberty and justice.

A person distributing political pamphlets on a busy street corner

19. Texas v. Johnson

Texas v. Johnson, decided in 1989, examined whether flag burning is protected speech under the Constitution. The case stemmed from Gregory Lee Johnson's arrest for burning a flag during a protest at the 1984 Republican National Convention in Dallas, violating Texas law against flag desecration.

The Supreme Court, in a 5-4 decision, affirmed that flag burning is a form of symbolic speech protected by the First Amendment. Justice William J. Brennan Jr., writing for the majority, stated that speech does not lose protection simply because it offends. He emphasized that the government cannot prohibit expression solely due to disagreement with the ideas conveyed.

This ruling underscored the extensive nature of free speech protections in the United States, even for provocative expressions.

It sparked debate over balancing patriotic symbols and personal freedoms, leading to calls for constitutional amendments to ban flag desecration.

Texas v. Johnson illustrates the complex interplay between individual rights and national symbols within a constitutional republic. It reinforces the commitment to upholding constitutional freedoms, reflecting the belief that a vibrant democracy must tolerate diverse forms of expression. The case remains a reference point in free speech discussions, emphasizing that the Constitution's protection of liberty includes the right to dissent.

A protester burning an American flag surrounded by a crowd and police

20. Grutter v. Bollinger

The 2003 Supreme Court decision in Grutter v. Bollinger addressed affirmative action in higher education. The case centered on the University of Michigan Law School's admissions policy, which considered race as a factor in its holistic evaluation of applicants to promote diversity.

Barbara Grutter, a white applicant denied admission, argued that the policy violated the Equal Protection Clause of the 14th Amendment. In a 5-4 decision, the Court upheld the law school's policy, affirming that diversity in higher education serves a compelling state interest.

Justice Sandra Day O'Connor, writing for the majority, stated that diversity yields substantial educational benefits, fostering cross-cultural dialogue and reducing stereotypes. However, the decision implied that racial preferences should not be indefinite and must be periodically reassessed.

Grutter v. Bollinger influenced how institutions approach diversity, encouraging a comprehensive view of what constitutes a well-rounded student body. It affirmed existing admissions practices while inviting continuous reflection to align with evolving societal needs.

The ruling remains a reference point in discussions about:

  • Race in education
  • Equal opportunity
  • Affirmative action policies

It exemplifies the constitutional aspiration to balance individual freedoms with the collective benefits of a diverse and inclusive society within the framework of a constitutional republic.

A diverse group of students in a law school classroom

21. Dred Scott's Aftermath and the 14th Amendment

The Dred Scott decision of 1857 had far-reaching consequences, ultimately leading to the adoption of the 14th Amendment. This ruling, which denied citizenship to African Americans, intensified sectional tensions and contributed to the onset of the Civil War. In the aftermath of the war, during the Reconstruction era, there was a renewed focus on civil rights protections.

The 14th Amendment, passed in 1868, directly addressed and overturned the Dred Scott decision. It granted citizenship to all persons born or naturalized in the United States, including former slaves. This amendment also introduced the concepts of due process and equal protection under the law, providing a constitutional basis for challenging discriminatory practices.

The impact of the 14th Amendment extended well beyond its initial purpose. It served as the foundation for numerous Supreme Court decisions that expanded civil rights and individual liberties. Landmark cases such as Brown v. Board of Education and Loving v. Virginia built upon the amendment's guarantees, advancing the cause of equality in American society.

"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." – Chief Justice Earl Warren, Loving v. Virginia

The progression from the Dred Scott decision to the 14th Amendment illustrates the Constitution's capacity for self-correction and evolution. This transformation underscores the dynamic nature of the American constitutional republic, as it strives to uphold the principles of justice and equality for all citizens.

Key Points:

  • Dred Scott decision (1857) denied citizenship to African Americans
  • 14th Amendment (1868) granted citizenship to all persons born or naturalized in the US
  • Introduced concepts of due process and equal protection
  • Served as foundation for future civil rights decisions
A diverse group of Americans taking the oath of citizenship