|
Case name and year.
|
Opinion by |
Main issue in case
|
Type of opinion |
Supportive of individual right? |
Main clause of 2d Amendment
quoted without introductory clause? |
|
Spencer v. Kemna. 1998
|
Stevens
|
Article III case or controversy |
Dissent from denial of cert. |
Yes, but could possibly be read as
referring to rights under state constitutions |
No quote |
|
Muscarello v. U.S. 1998
|
Ginsburg |
Fed stat. interp. |
Dissent |
Yes |
Partial quote |
|
Printz v. U.S. 1997 |
Thomas
|
Federalism
|
Concur |
Says that Miller did not decide the issue. Thomas appears to support individual right. |
Full quote |
|
Albright v. Oliver. 1994 |
Stevens |
14th A. and § 1983
|
Dissent |
Yes |
Partial quote |
|
Planned Parenthood v. Casey. 1992 |
O'Connor |
14th A.
|
Majority |
Yes |
Partial quote |
|
U. S. v. Verdugo-Urquidez. 1990 |
Rehnquist |
4th A. applied to foreign national |
Majority |
Yes
|
Partial quote
|
|
Lewis v. U.S. 1980 |
Blackmun |
Interp. of Gun Ctl. Act of 1968 |
Majority
|
Ambiguous, but probably not. If an individual right, less fundamental than some others
|
Full quote |
|
Moore v. East Cleveland. 1976 |
Powell |
14th A |
Plurality |
Yes. (But contrary opinion expressed by Justice Powell after retirement.) |
Partial quote |
|
" " |
White |
"" |
Dissent
|
Yes
|
Partial quote |
|
Adams v. Williams. 1972
|
Douglas |
4th A. |
Dissent
|
No
|
Full quote
|
|
Roe v. Wade. 1973 |
Stewart |
14th A.
|
Concur
|
Yes
|
Partial quote
|
|
Laird v. Tatum. 1972
|
Douglas |
Justiciability |
Dissent
|
Ambiguous |
Partial quote
|
|
Burton v. Sills. 1969 |
Per curiam |
Challenge to state gun licensing law |
Summary affirm.
|
Ambiguous |
No quote |
|
Duncan v. Louisiana. 1968
|
Black |
Incorporation of 6th Amendment
|
Concur |
Yes
|
Partial quote
|
|
Malloy v. Hogan. 1964 |
Brennan
|
Incorporation of 5th Amend.
|
Majority
|
Yes
|
No quote |
|
Konigsberg v. State Bar. 1961
|
Harlan |
1st Amendment
|
Majority |
Yes
|
Partial quote |
|
Poe v. Ullman. 1961
|
Harlan
|
14th Amendment
|
Dissent
|
Yes |
Partial quote
|
|
" " |
Douglas |
" " |
Dissent
|
Yes, but implicitly abandoned in Adams.
|
No quote
|
|
Knapp v. Schweitzer. 1958
|
Frankfurter |
Incorp. of 5th Amendment
|
Majority |
Yes |
Partial quote
|
|
Johnson v. Eisentrager. 1950
|
Jackson
|
5th A. applied to trial of enemy soldier
|
Majority
|
Yes |
Partial quote
|
|
Adamson v. Calif. 1947
|
Black
|
Incorp. of 5th Amendment
|
Dissent |
Yes
|
Partial quote
|
|
Hamilton v. Regents. 1935
|
Butler
|
Conscientious objector
|
Majority |
No, but not necessarily inconsistent with an individual right. |
No quote |
|
U. S. v. Schwimmer. 1929
|
Butler |
Immigration laws
|
Majority |
Ambiguous |
Full quote |
|
Stearns v. Wood. 1915
|
McReynolds
|
Article III case or controversy |
Majority |
Ambiguous, since court refuses to hear any of plaintiff's claims |
No quote |
|
Twining v. N.J. 1908 |
Moody |
Incorp. of 5th A self-incrim. |
Majority |
Yes |
Partial quote |
|
Trono v. U.S. 1905 |
Peckham |
5th A. in the Philippines |
Majority |
Yes |
Partial quote |
|
Kepner v. U.S. 1904 |
Day |
" " |
Majority |
Yes. Same as Trono. |
Partial quote |
|
Maxwell v. Dow. 1899 |
Peckham |
Incorp. of 5th A. jury trial |
Majority |
Yes |
Partial quote |
|
Robertson v. Baldwin. 1897 |
Brown |
13th Amend. |
Majority |
Yes |
Partial quote |
|
Brown v. Walker. 1896 |
Field |
5th Amend. |
Dissent |
Yes |
Partial quote |
|
Miller v. Texas. 1894 |
Brown |
14th Amendment |
Majority |
Yes |
Partial quote |
|
Logan v. U.S. 1892 |
Gray |
Cong. Power from 14th A. |
Majority |
Yes |
Partial quote |
|
Presser v. Illinois. 1886 |
Woods |
2d A |
Majority |
Yes |
Full quote |
|
U. S. v. Cruikshank 1876 |
Waite |
Cong. Power under 14th Amendment |
Majority |
Yes. A
basic human right guaranteed by the Const., like 1st A. rt. of assembly |
No quote |
|
Scott v. Sandford. 1857 |
Taney |
Citizenship; Cong. powers over
territories. |
Majority
|
Yes
|
Partial quote
|
|
Houston v. Moore. 1820 |
Story |
State powers over militia. |
Dissent
|
Yes, but also supportive of a state's right. (A later treatise written by Story is for individual right only.) |
No quote
|
