Examples of Cases that Deal with Constitutionality of a Law

  • Cases against discrimination by the government (Equal Protection)

    • By federal government (5th Amendment Equal Protection)
    • By state government (14th Amendment Equal Protection)
      • Civil Rights Movement: desegregation and other race-based anti-discrimination rights
      • Other race- or culture-based discrimination
      • Religion-based discrimination
      • Gender discrimination
      • Disability discrimination

 

  • Cases against federal government for improper control of states

    • For invalid Congressional power (Congress making laws that invalidly restrain states)
      • Cases against validity of Affordable Care Act
      • Cases against other federal legislation that limits state action

 

  • Cases against violation of right to free speech, free religion, free assembly (First Amendment)

 

  • Cases against violation of private liberty rights (Due Process)

    • By federal government (5th Amendment Due Process)
    • By state government (14th Amendment Due Process)
      • Right to marry (e.g. LGBT rights)

 

  • Cases against violation of private property rights

    • Government cannot take private property without just compensation
      • Eminent domain

 

  • Cases against violation of criminal rights (4th Amendment)

    • Freedom from unreasonable search and seizure
      • Stop and frisk
      • Search warrants

 

  • Cases against violation of right to bear arms (gun control)

    • Against state or federal government

 

  • Cases against violation of right against cruel and unusual punishment

    • Against state practice of death penalty