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Constitutional Law I
West Virginia University School of Law
McLaughlin, James A.

Week 1

· Read 1-10. Judicial Standing, etc. Read 11-50
1. The Authority for Judicial Review

a. Marbury v. Madison (1803)
i. Facts: Jefferson’s Secy. Of State, Madison (D), refused to deliver a commission granted to Marbury (P) by former President Adams.
ii. The Supreme Court has the power, implied from Article 6, section 2 of the Constitution, to review acts of Congress and if they are found repugnant to the Constitution, to declare them void.

b. Martin v. Hunter’s Lessee (1816)
Rule: The United States Supreme Court has appellate jurisdiction over issues of federal law in state courts. The Supreme Court hasthe authority to review the constitutionality of a decision by a state’s highest court.

c. Cohens v. Virginia (1821)
Rule: United States Supreme Court decision most noted for the Marshall Court’s assertion of its power to review state supreme court decisions in criminal law matters when they claim their Constitutional rights have been violated. The Court had previously asserted a similar jurisdiction over civil cases in Martin v. Hunter’s Lessee.

2. Limits on the Federal Judicial power
a. Interpretive limits
i. How should the constitution be interpreted?
1. The second amendment as an example

b.United States v. Emerson (2002)
i. Facts: Emerson was indicted for transporting firearms when he was the subject of a domestic relations restraining order. The district court found the law at issue to be an unconstitutional violation of the Second amendment.
ii. Rule: The Second Amendment secures the fundamental rights of individuals to privately possess and bear firearms.

c.Silveira v. Lockyer (2003)
i. Facts: CA strengthened its regulations on the possession, use, and transfer of semi-automatic weapons. Gun ownership advocates challenged the regulations as violations of the second amendment.
ii. Rule: The second amendment does not guarantee the individual right of the people to keep and bear arms; rather, it guarantees the collective right of the people to keep and bear arms for the maintenance of effective state militias.

b. Congressional Limits
i. The exceptions and Regulatiions Clause
ii. Ex part McCardle
1. Facts:Heigho (D) confronted Barton upon hearing that Barton had made slanderous remarks about him. Barton’s mother-in-law, became excited when she noticed that D was wearing a gun. A fight ensued and Barton’s mother-in-law became increasingly excited. After Barton’s wife separated D and her husband, they noticed that the mother-in-law was dying. She had suffered a fatal heart attack. D

public schools, because white parents would simply withdraw their children from public schools and place them in discriminatory private schools.

b. Rule: One does not have standing to sue in federal court unless he can show a personal injury. Under the requirement of standing and personal injury, the personal injury must be fairly traceable to the defendant’s unlawful conduct and be likely to be redressed by the requested relief. Separation of powers, counsels against recognizing standing in a case brought, not to enforce specific legal obligations whose violation works a direct harm, but to seek a restructuring of the apparatus established by the Executive Branch to fulfill its legal duties.

b. City of LA v. Lyons
i. Facts: Adolph Lyons was stopped by LA police for a traffic violation, and without any resistance, he was subdued by a choke hold. The application caused damage to Mr. Lyons larynx. He subsequently filed an action. Count V requested injunctive relief against the City barring use of the control holds.