Con Law

Front 1

Marbury v. Madison
(1803)

Back 1

Established power of judicial review. Duty is correlated with a right. If there is only discretion to act, there is no enforceable duty or right. Case or controversy requirement. Court's job to say what the law is. SCOTUS interpretation of Constitution is supreme.

Front 2

Martin v. Hunter's Lessee
(1816)

Back 2

SCOTUS can review state court decisions on issues of federal law. Need for uniformity. Interpretive tools: original intent, text, public policy, structure of government.

Front 3

McCulloch v. Maryland
(1819)

Back 3

N+P Clause does not require absolute necessity, just need an appropriate link between power granted and method Congress chooses to effectuate it. Broad reading of N+P Clause gives Congress discretion.

Front 4

Gibbons v. Ogden
(1824)

Back 4

Congress' Commerce Clause power is plenary and only check is the political process. Exclusive federal power (dormant CC) states will be less likely to make laws and then Congress won't have to individually override each one.

Front 5

Wilson v. Black Bird Creek Marsh
(1829)

Back 5

Practically not feasible for Congress to step in on every issue that states try to regulate. Enforce only egregious violations. Damming of small creek does not have huge impact on interstate commerce. State closer to facts on the ground and in a better position to regulate.

Front 6

Barron v. Mayor and City Council of Baltimore
(1833)

Back 6

Takings Clause only restricts federal government and does not apply to states.

Front 7

Cooley v. Board of Wardens
(1851)

Back 7

Commerce Clause power is not exclusive, Congress can transfer regulatory power to states. Using pilots to guide ships into ports. Narrow decision.

Front 8

Dred Scott v. Sandford
(1857)

Back 8

Originalist method of analyzing Constitution. Blacks were not citizens and did not have standing to sue. Can be a citizen of a state without being a US citizen. First application of substantive due process.

Front 9

13th Amendment
(1865)

Back 9

Abolished slavery.

Front 10

Civil Rights Act of 1866

Back 10

Blacks can hold property, contract, vindicate rights in court, and have equal rights to liberty.

Front 11

Ex Parte McCardle
(1868)

Back 11

Reconstruction crisis following Civil War. Exceptions Clause of Article III allows Congress to change/affirmatively give SCOTUS appellate jurisdiction. Congress cannot remove all habeas corpus jurisdiction.

Front 12

Ex Parte Yerger
(1868)

Back 12

Congress does not have a blank check to strip jurisdiction. Statutes doing this will be read very narrowly to preserve judicial power.

Front 13

US v. Klein
(1871)

Back 13

Congress tried to limit effect of President's pardon, not okay. Congress has limited ability to strip Court of jurisdiction by creating a statute and defining its terms.

Front 14

Slaughter-House Cases
(1873)

Back 14

Two citizenships: US and state. Article IV P+I Clause: non-discrimination provision. Failed attempt at incorporation that rendered P+I Clause irrelevant except in context of right to travel.

Front 15

Civil Rights Cases
(1883)

Back 15

Last time Court gives serious thought to civil rights. Complete end of Reconstruction. Federal public accommodations statute struck down.