14Th Amendment Cases

Front 1

Marbury v. Madison

Back 1

Court can compel executive to act but does not do so here; “establishment” of judicial review of congressional statutes

Front 2

McCulloch v. Maryland

Back 2

Congress has the power to establish a national bank and states may not impost taxes on it; how to define the scope of national power (of congressional power) and what is the nature of the union that the Constitution creates

Front 3

Comstock

Back 3

court upheld federal statute that allowed govt to keep someone in federal custody if at the time of their release they are found to have a mental disorder + sexually violent, clear and convincing evidence; challenged as outside of Congress’ enumerated powers

Front 4

Wickard

Back 4

regulation of amount of wheat that a farmer can produce
• Wheat sold on the market is obviously within Congress’ power
• Wheat consumed is also within Congress’ power – aggregate
• Unclear what level of generality, what is being aggregated?
• Substitutes for wheat in the market – makes it seem more commercial

Front 5

Darby Bootstrap

Back 5

Congress can use what is “necessary and proper” to effect interstate commerce regulation; use first regulation to justify the second

Front 6

Katzenbach v. McClug

Back 6

Court upholds Title II of 1964 Civil Rights Act under the Commerce Clause
• Discrimination deters black travelers, depresses business generally, and less pork moving through interstate commerce

Front 7

Gonzales v. Raich

Back 7

Can Congress regulate the local production and consumption of marijuana through a federal ban on private cultivation?
o Court upholds the law on Wickard grounds:
• 1) homegrown marijuana can substitute for market marijuana
• 2) aggregated can have a substantial effect on market marijuana