|
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 |
