A U.S. Supreme Court case in which a decision by Justice Joseph Story extended the Court's right of judicial review on the constitutionality of statutes to appeals from state and federal courts.
A U.S. Supreme Court case in which the Court held that the death penalty for murder was not in and of itself a cruel and unusual punishment prohibited by the Eighth Amendment. The Court also ruled that the character of the defendant was to be considered when deciding whether to impose the death penalty.
- Read the full text: Gregg v. Georgia
The Supreme Court case that established the power of judicial review. (Read the opinion here).
During President John Adams’ lame duck session of his presidency, he appointed Marbury as a justice of the peace and signed the commission. Soon thereafter, Thomas Jefferson became President of the United States and refused to allow Secretary of State James Madison to deliver the commission to Marbury. Marbury sued Madison in the Supreme Court to get his commission via a writ of mandamus.
A U.S. Supreme Court case in which the Court ruled that the First Amendment right to free speech applied to state laws under the Fourteenth Amendment.
A U.S. Supreme Court case in which the Court used the due process clause of the Fourteenth Amendment to extend the constitutional right to an attorney in federal criminal cases for those who could not afford representation to indigent defendants in state prosecutions. The indigent defendant was represented gratis by future Supreme Court Justice Abe Fortas. The ruling greatly increased the use of public defenders. In 2002, the Court ruled the right applied in all cases where jail time is a possible punishment.
An instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Some states prohibit Allen charges, because they deem them coercive, but the U.S. Supreme Court upheld their use in Allen v. U.S., 164 U.S. 492 (1896).
A search and seizure by a law enforcement officer without a search warrant and without probable cause to believe that evidence of a crime is present. Such a search or seizure is unconstitutional under the Fourth Amendment (applied to the states by the Fourteenth Amendment), and evidence obtained from the unlawful search may not be introduced in court. (See also: fruit of the poisonous tree)
In the field of reproductive rights, having the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a fetus that is not yet viable. Laws that impose an undue burden on a fundamental right are unconstitutional under current Supreme Court cases.