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Constitutional Law I
University of Illinois School of Law
Mazzone, Jason

Constitutional Law – Professor Mazzone, Spring 2014
Case Name
Con §
The Document and the Doctrine
DC v. Heller
DC gun law
2A protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.
The Bank of the United States
McCulloch v. Maryland
Can Congress make a bank?  Can a state tax Congress’s bank?
Congress can act through N&P; does not have to be explicitly defined in the constitution. Federal laws are supreme and control over state laws.
Art 1 §8 Cl 18
Constitutional Interpreters
Judicial Review
Stewart v. Laird
Challenging repeal of judiciary act
Court holds the power to review the constitutionality of acts of Congress.
Marbury v. Madison
Seeking withheld commission
Supreme Court has the authority to review acts of Congress and determine whether they are unconstitutional. Violates Art 3 §2 Cl. 2
Art 3;
Art 6
Regulation of the Interstate Economy
Gibbons v. Ogden
Monopoly to ferry on Hudson; 1 has state license, 1 federal
If a state + Congress both pass conflicting laws regulating interstate commerce, the federal law governs pursuant to Congress’s constitutional grant of power to regulate interstate commerce.
Art 1 §8 Cl. 3
Wilson v. Black-Bird Creek
DE authorizes dam across navigable waterway
State act not in conflict with commerce clause is “dormant” and not repugnant to federal power.
Art 1 §8 Cl. 3
NYC Mayor
v. Miln
Report + bond for every passenger
State has such general sovereignty (“police power”) except where it is preempted.
Dormant Commerce Clause
Cooley v. Bd of Wardens
Philly pilot req’t + penalty
Where Congress has not yet regulated, states may do so (DCC). However, it is not shared freely though; there are restrictions.
Art 1 §8 Cl. 3
Interstate Privileges & Immunities
Baldwin v. MT F & G
Charging more for nonresident hunting licenses – OK
“Only with respect to those ‘privileges’ and ‘immunities’ bearing upon the vitality of the Nation as a single entity must the State treat all citizens, resident and nonresident, equally.”
Art 4 §2 Cl. 1
Hicklin v. Orbeck
Hiring pref. for AK residents- NOT ok
Even if it were a constitutional way to solve unemployment, non-res’s not the problem. Also, pref to all AK’s not just unemployed.
Art 4 §2 Cl. 1
Groves v. Slaughter
Are slaves interstate commerce?
States must be able to regulate slaves, as sovereigns necessarily possess the means of self-preservation. (Split decision)
Prigg v. PA
AWFUL Fug Slave Act v. PA law
Federal government has exclusive authority to regulate runaway slave handling procedures.
Art 4 §2 Cl. 3.
Dred Scott v. Sanford
Brought to free state, sued for freedom in fed’l court (diversity)
People of African descent brought to US as slaves, as well as their descendants (either slave or free), aren’t citizens of the US and are not entitled to the protections/rights of the Constitution.
Art 3 §2 Cl. 1
Civil War & War Powers
The Prize Cases
Lincoln orders blockade of, no Congressional act
If war is declared by a foreign nation, POTUS must resist by force, without “waiting for any special legislative authority,” whether the hostile party is a foreign nation or states organized in rebellion.
Art. 2 §2
Little v. Barreme
Seizure of Danish ship
If Congress already passed Act, POTUS does not have power to act (especially if it’s not wartime.)
Youngstown Sheet + Tube
Truman nationalizes steel mills
Jackson’s 3 Mandates. Here, weakest: when POTUS takes measures incompatible with will of Congress, he may only rely on his constitutional powers minus Congress’ powers over the matter.
Emergencies & Civil Rights
Ex Parte Merryman
Lincoln suspends habeas corpus
Only Congress may suspend habeas corpus
Art. 1 §9
Ex Parte Milligan
IN insurrection: trial by military tribunal
While in wartime where courts are closed commissions might be OK, here no jurisdiction because Congress hasn’t authorized and the courts are open so Congress could not authorize.
Art. 3 §2
Miller v. U.S.
Confiscation Acts
Upholds act allowing ex parte seizure of property belonging to persons who supported rebellion.
Ex Parte Quirin
Nazi saboteurs  
Trial by tribunal is valid under Art 15. 
Art. 15
US Citizens + Authorized Detention
Hamdi v. Rumsfeld
US Citizen capt in Afghan, held 2 yrs
Detaining individuals as enemy combatants for the duration of the particular conflict in which they were captured is authorized.
Art. 1§9 Cl. 2
Rasul v. Bush
Brit/Aussie Gitmo detainees file HC
The right to habeas corpus can be exercised in Gitmo and that right is not dependent on citizenship status.
Art. 1§9 Cl. 2
Hamden v. Rumsfeld
OBL’s driver – retro to 2005 DTA
Military commission does not have jurisdiction to hear a case if the commissions structure and procedures violate the UCMJ.
Art. 1§9 Cl. 2
v. Bush
2006 MCA sort of suspending H.C.
Congress may suspend habeas circumstially, but it cannot through procedure used via MCA. HC has full effect in Gitmo.
Art. 1§9 Cl. 2
v. US
Japanese internment camps
Order was valid- necessary because of “the presence of an unascertained number of disloyal members of the group.”
Slaughterhouse Cases
State monopoly, butchers file suit
Only refers to P+I’s enjoyed as national citizens; those rights that are “fundamental” and “belong to the citizens of all free govts.”
Bradwell v. Illinois
IL won’t grant woman law license
14A does not give a remedy at the federal level because it’s not a P+I protected by the federal government (also: woman problem)
Minor v. Happersett
Women file for suffrage under 14A
Constitution neither granted nor forbade female suffrage; allowing only men to vote didn’t infringe on women's rights under 14A.
Reconstruction Amendments + Race
Strauder v. West Virginia
Only white jurors in WV trial of AA man
Violates EPC. If members of ones own race are excluded from potential pool it’s unconstitutional.
Plessy v. Ferguson
Separate train cars for black and white passengers
Public accommodations that are segregated according to racial classifications do not violate the EPC as long as such accommodations are “separate but equal.”
Civil Rights Cases
AA’s refused service in private businesses
Private individuals accused of discriminating against AA patrons in privately owned businesses – Congress acted outside the scope of its powers. The Civil Rights Act is therefore unconstitutional.
The Age of Lochner
Lochner v. New York
Act limits bakers hours, owner sues
The general right of an employer to make a K for his business is part of the liberty of the individual protected by the 14A.
Muller v. Oregon
Statute limits workday of women
Lochner does not apply to regulating women’s workdays because there is a valid state interest in protecting women’s repo health.
Commerce Power & the National Economy
Champion v. Ames
Lottery Act challenged under CC
Congress alone can regulate all aspects of interstate commerce and can do so in whatever manner it deems appropriate.
Art. 1 §8 Cl. 3
Hammer v. Dagenhart
Goods made w/ child labor reg under CC?
NO. Child labor relates to manufacture of goods, no relationship to the entry of those goods into the streams of interstate commerce.
Art. 1 §8 Cl. 3
Bailey v. Drexel Furn
Child Labor Tax Law
Unconstitutional because it clearly imposes federal restrictions on a power reserved to the states. CLT is not a tax but a penalty.
Art. 1, §8, Cl. 1
U.S. v. Butler
Agriculture Adjustment Act
Congress has no power to regulate and control agricultural production, so they may not indirectly do so through T + S powers.
Art. 1, §8, Cl. 1
Missouri v. Holland
Migratory bird act violates 10A?
Treaties are supreme law of the land. If a treaty is valid, any statute made to implement it is also necessarily valid under N+P.
Art 1 §8 Cl. 18
Atkins v. Children’s Hospital
Minimum wage laws for women and children in D.C.
Minimum wage laws arbitrarily interfere with the freedom to K on the part of both female employees and their employers.
Modern Era
McDonald v.  Chicago
Chi law prohibits handguns – 14/2A?
2A does apply to the states, is incorporated under 14A DPC (not Privileges +Immunities).
Nebbia v. New York
Milk control board fixes milk prices
DPC does not prevent states from enacting economic policies to further public good if they

broad, national regulatory scheme.
Art 1 §8 Cl. 3
US v. Comstock
Detaining mentally ill after release date
Under N&P Clause, Congress’s authority can be no more than one step removed from a specifically enumerated power. (Here: CC)
Art 1 §8 Cl 18
Taxing and Spending
SD v. Dole
Fed’l funds condition on drinking age
Fed’l funds may be conditional exercise of spending power is for general welfare, conditions are unambiguous, conditions are related to a federal interest in a particular nat’l program, and conditions do not violate any other constitutional provisions (e.g. 10A).
Art. 1, §8, Cl. 1
NFIB v. Sebelius
ACA challenge
Mandate – no under CC but may be upheld as a tax. Medicaid prov. is unconstitutional because it’s coercive; states have no choice.
Art. 1, §8, Cl. 1
Reconstruction Powers
City of Boerne v. Flores
Religious Freedom Restoration Act
Congress only has remedial (not plenary) powers. When upholding a constitutional right, Congress may only enforce legislation that utilizes means proportional to achieving that purpose.
14A §5
US v. Morrison
VAWA under 14A
Since the corrective action was not against state actors but individual alleged offenders, no state action and invalid under 14A.
Kimel v. FL Regents
Age Discrimination Employment Act
Unconstitutional; damages barred by 11A and age is not protected in the same way gender and race are.
Trustees of AL v. Garrett
ADA discrimination suit v. U of A
For any law enacted under 14A §5 that affects rights not expressly guaranteed in §1, the means adopted to prevent/remedy must be congruent + proportional to the targeted violation.
Nevada HR v. Hibbs
FMLA claim v. state entity
Congress may implement legislation that prohibits directly unconstitutional conduct + broader remedial legislation for the purpose of preventing unconstitutional conduct.
TN v. Lane
ADA claim re: courthouse access
Congress may abrogate a state’s constitutional immunity if Congress acts pursuant to a valid grant of constitutional authority and unequivocally expresses its intent to abrogate immunity.
Coleman v. COA of MD
FMLA self care provision
The self-care provision, standing alone, did not validly abrogate MD’s immunity from suits under 11A (insufficient evidence).
Shelby, AL v. Holder
Challenging VRA provisions
Congress cannot subject a state to preclearance based simply on past discrimination; preclearance portion is struck down.
Regulation of States as States
Garcia v. San Antonio Metro
FSLA + Usury’s “traditional gov’t”
Application of the Fair Labor Standards Act to state and local governments does not violate 10A. Overrules Usury.
Gregory v. Ashcroft
ADEA + retirement age for judges in MO
Congress only encroached on state power if there was a “plain statement” to that effect. Court won’t read it in. (GUTS Garcia)
New York v. United States
Waste Management Amendments Act
Congress (under CC) may use financial rewards + access to disposal sites as incentives. Take-title qualification was not ok.
Art 1 §8 Cl. 3; 10A
Printz v. US
Handgun background checks by state o’s
Congress cannot compel state officials to administer a Federal regulatory program, even temporarily.
Alden v. Maine
FLSA under 14A
Congress’s Art I powers do not grant it power to subject non-consenting states to private suits for damages in state courts.