Beck_ConLaw_Fall2010.docx
1. The Supreme Court’s Authority and Role
a. Power of Judicial Review
i. Marbury v. Madison
b. Supreme Court’s Authority to Review State Court Judgments
i. Martin v. Hunter’s Lessee
c. Judicial Exclusivity in Constitutional Interpretation
i. Cooper v. Aaron
d. Constitutional and Prudential Limits on Constitutional Adjudication: the case or controversy requirements
i. Lujan v. Defenders of Wildlife
ii. Massachusetts v. Environmental Protection Agency
iii. Baker v. Carr
2. The nation and the States in the Federal System
a. McCulloch v. Maryland
b. U.S. Term Limits v. Thornton
3. The Commerce Power and Federalism Based Limits
a. Gibbonvs v. Ogden
b. Hammer v. Dagenhart
c. NLRB v. Jones & Laughlin Steel Corp
d. United States v. Darby
e. United States v. Lopez
f. United States v. Morrision
g. Gonzales v. Raich
h. Federalism and the Tenth and Eleventh Amendments : (New York v. United States)
i. City of Boerne v. Flores (738)
j. United States . Morrison (748)
4. Other National Powers: Taxing, Spending, War, Treaties, and foreign Affairs
a. Child Labor Tax (Bailey v. Drexel Furniture)
b. South Dakota v. Dole
c. Woods v. Cloyd W. Miller
d. Missouri v. Holland
5. Federal Limits on State Regulation of Interstate Commerce
a. Dormant Commerce Clause (Gibbons v. Ogden)
b. Nascent Dormant Commerce Clause (Cooley v. Board of Wardens)
c. Facial Discrimination Against Out of State Commerce (Philadelphia v. NJ)
d. Home Processing Requirements
i. Dean Milk Co. v Madison
ii. C&A Carbone v. Clarkstown
iii. United Haulers v. Oneida-Herkimer
e. Market Participation Exception (South Central Timber Development . Wunnike)
f. Baldwin v. GAF Seeling
g. HP Hood & Sons v. Du Mond
h. Kassel v. Consolidated Freightways Corp
i. Interstate Privileges and Immunities Clause of Article IV (United Building v. Mayor and Council of Camden)
j. Pacific Gas v. State Energy Resources
6. Due Process
a. Substantive Due Process
i. Lochner v. NY
ii. Nebbia v. NY
b. Minimum Rationality Review of Economic Legislation (Williamson v. Lee Optical)
c. The Contracts Clause (Home Building & Loans v. Blaisdel)
d. The incorporation of the Bill of Rights through the Due Process Clause
i. Duncan v. Louisiana
ii. McDonald v. City of Chicago (Incorporation)
e. Substantive Due Process and Privacy (Griswold v. Connecticut)
f. Roe v. Wade
g. Planned Parenthood v. Casey
h. Gonzales v. Carhart
i. Substnative Due Process and Marriage and family relationships
j. Lawrence v. Texas
k. Washington v. Glucksberg
l. Procedural Due Process and the Right to a hearing
m. McDonald v. City of Chicago (Substantive DP)
7. Separation of Powers
a. Youngstown Sheet v. Sawyer
b. Dames & Moore v. Reagan
c. Dames & Moore v. Youngstown
d. Executive Discretion in Times of War or Terrorism
e. Medellin v. Texas
f. Executive Detention and Trial of Enemy Combatants
g. Hamdi v. Rumsfeld
h. Hamdan v. Rumsfeld
i. Boumediene v. Bush
j. Congressional Violation of the Separation of Powers
k. INS v. Chadha
l. Clinton v. New York
m. Congressional Control over Executive Officers
i. Bowsher v. Synar
ii. Morrison v. Olson
n. Executive Privileges and Immunities
i. United States v. Nixon
ii. Scope and Limits of Executive Privilege (Clinton v. Jones)
Exam: 3 hour open book, Can bring outline, book, notes. MPC, limited space essay-> set of facts, discuss constitutional issues raided.
Ch. 1: The Supreme Court’s Authority and Role
The Power of Judicial Review
I. Articles of Confederation and Const: difference- under AOC, powers not “expressly” delegated to the national gvmt remained with states. Under Const, 10th amend doesn’t mention express powers. Necessary and proper clause, Art I §8, says that Congress has some powers which aren’t expressly set out
I. Articles of Confederation v. Constitution
A. Articles of Confederation—adopted as means for unified action in Revolutionary War
i. Timeline
1. 1776—Declaration of Independence
2. 1777-Articles drafted
3. 1781—Articles ratified—effective
4. 1783—Treaty of Paris ends Revolutionary War
ii. Government—13 sovereign states coming together for common purpose
1. Congress—unicameral legislature who appointed executive civil officers and could appoint maritime and prize at Ct.’s discretion
a. Did not set up any ct. but gave Congress the power to do so
iii. Legislation—Bills had to be passed by 9 out of 13 State super-majority (easier than under the Constitution b/c you only have to deal with one branch of gov’t) (maj. vote would be 7 out of 13)
1. Election of officers—delegates to Congress selected by state legislatures
2. Representation—each state is equal to one vote
3. Powers—power kept with the states with only limited, enumerated power to Congress
iv. Amendments—couldn’t be amended unless by unanimous consent (making it very difficult)
v. Officers—Secretary of Warà Secretary of Defense
1. Secretary of Foreign Affairsà Secretary of State
2. Department of FinanceàTreasury Dept.
B. Constitutional History
i. Federalist Papers—Madison, Hamilton, and Jay—wrote these papers to convince NY to ratify Constitution. Therefore, they are a good source of clarification of intent of the framers and aid interpretation
ii. Problems and Embarrassments in U.S.—which illustrated Articles of Confederation’s weaknesses and thus led to Constitution
1. Foreign Affairs—1786
a. Britain—UK has deatined several NW forts b/c pre-war debts weren’t paid until 1795 (b/c Congress has no means by which to raise money)
b. Britain-West Indies ports were closed to U.S. and nation couldn’t do anything about it b/c Congress didn’t have any power
c. Spain—denied U.S. the use of Mississippi river until LA Purchase from France in 1803
2. Domestic Affairs
a. interstate commerce (although it could regulate trade with the Indians) so it was left to individual states (Reason VA proposed conferences to discuss new Constitution)
i. Lack of uniform commercial rules
ii. In-state merchants were favored—tariffs imposed between the states
iii. Dealt with in
o equal voice in Senate
5. Powers—retained Articles power (e.g. power to borrow money) but added new powers—ex. Tax, regulate interstate commerce, patents
a. Delegates some powers, but allows creation of new ones under the necessary and proper clause” in Art. I, Sec. 8 (unlike limitations of Articles of Confederation which had no such provision)
b. Enumeration of powers under the 10th amendment—-powers not expressly delegated to the U.S. by Constitution, nor prohibited to it by the States, are reserved to the States or to the people. (similar to the provision in the Articles of Confederation except for the addition of ‘expressly’ which gives Congress more wiggle room and the ability to invoke the necessary and proper clause for expansion of powers. It implies that there are some powers that are impliedly delegated per Art. I, Sec. 8).
iv. Amendments-can be amended in 2 ways under Article V
1. 2/3 of both houses propose and ¾ ratify, or
2. 2/3 state legislatures propose and ¾ state legislatures ratify
a. Unanimous consent now needed only to change equal representation in the Senate
II. Nature & Sources of Supreme Ct.’s Authority (The Judiciary)
A. Judicial Review
i. General Rule of Judicial Review
1. The Constitution doesn’t expressly provide whether legislation is unconstitutional, but Marshall says it is implicit in the structure of the Constitution itself. However, judicial review is consistent with the intent of the Constitution only if judges do not exercise their own will in a case.
2. The USSC has the power to hold that legislation and the acts of other branches of government unconstitutional (Marbury v. Madison)
3. USSC has the power to review judgments of state courts in cases that arise under the Constitution or other federal law (Martin v. Hunter’s Lessee)
4. USSC has the power to hold state statutes unconstitutional (Fletcher v. Peck)
5. Judicial power extends to all cases arising under the Constitution, even state criminal cases. SC has jurisdiction to review the validty of state laws in criminal proceedings. (Cohens v. VA)
II. Marbury v. Madison: established Supreme Court review of constitutionality of a coordinate branch of a federal government.
A. Facts:
1. Outgoing President Adams signed and sealed a commission to have Marbury become officer of peace in DC, but it wasn’t delivered before the term ended, and Jefferson refused to allow it once he was in office.
Writ of mandamus: ct orders a state official to carry
