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65 Cards in this Set
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- Back
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Marbury v. Madison
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Marbury seeks SC to overturn unconstitutional revocation of his appointment to Justice of the Peace
The Supreme Court of the United states has the authority to review laws and legislative acts to determine whether they comply with the Constitution |
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Martin v. Hunter's Lessee
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Under Article III, SC has authority ot exercise appellate review of state court decisions
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Friends of the Earth, Inc. v. Laidlaw Environmental Services
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Environmental groups sue Corp that shut down the offending facility before appeal; it was reasonable they could resume, so case not moot
A controversy will be deemed moot on the grounds of voluntary cessation by the D if D proves there is no reasonable chance it could resume the offending behavior |
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Massachusetts v. EPA
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EPA rejects petition to regulate emissions, remanded bc they failed to establish good reason to avoid regulation
Although an agency's refusal to initiate rulemaking is subject to judicial review, such review is extremely limited and highly deferential |
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Baker v. Carr
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Baker sues official bc TN had not redistricted appropiately, he was denied Equal Protection; TN claims nonjudiciable political question
A challenge to malapportionment of state legislatures brought under the Equal Protection Clause is not a political question and is thus justiciable |
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Vieth v. Jubelirer
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Vieth sues official claiming unconstitutional gerrymandering
The issue of political gerrymandering represents a nonjudiciable question incapable of adjudication by the courts |
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Youngstown Sheet & Tube Co. v. Sawyer
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Sec. of Commerce Sawyer, under executive order, took control of nation's steel mills in the face of a wartime strike; Corps claimed the president's order amounted to lawmaking, which is reserved for Congress
The POTUS may not engage in lawmaking activity absent an express authorization from Congress or the text of the Constitution |
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Clinton v. City of New York
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Clinton used Line Item Veto Act - giving Prez power to cancel certain provisions - to cancel a provision that would have exempt NY from repaying social security funds; New Yorkers sued as unconstitutional
There is no provision in the US Constitution that authorizes the president to enact, amend, or repeal statutes |
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US v. Curtiss-Wright Export Corp.
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Congress authorized Pres. Roosevelt to stop sale of arms to Chaco border dispute, Pres issued executive order prohibiting sales; Arms dealer violated, claimed unconstitutional delegation of legislative power to executive
In order to maintain foreign relations, a delegation of legislative power to the executive may be sustained if its exclusive goal is to provide relief in a foreign conflict |
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Dames & Moore v. Regan, Sec. of Treasury
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Iran Hostage Crisis, US citizens' money caught up international politics
Pres has authority to settle claims through executive orders where the settlement of claims is necessary for the resolution of a major policy dispute b/w US and another country + Congress acquieses |
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US v. Nixon
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Nixon claimed privilege over subpoenaed tapes during Watergate
A Pres claim of privilege asserting only a generalized interest in confidentiality is not sufficient to overcome the judicial interest in producing all relevant evidence in a criminal case |
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Clinton v. Jones
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Clinton wanted immunity from Sex Harassment case predating his presidency
No presidential immunity while in office from suit for actions occurring prior to office |
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Immigration and Naturalization Service v. Chadha
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Kenyan fought deportation, House of Reps vetoed Attorney General's grant of pass; he challenged constitutionality of Congressional veto from one house
An exercise of legislative power by Congress must meet the Constitutional requirements of bicameralism and presentment; House cannot act alone |
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Bowsher v. Synar
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Balanced Budget and Emergency Deficit Control Act granted Comptroller certain powers to make mandatory budget cuts, but gave Congress removal power of Comptroller
Under separation of powers doctrine, Congress may not retain removal power over officials charged with executing the laws except by impeachment |
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Morrison v. Olson
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Congress granted Attorney General certain appointment and removal powers for special counsels
Under separation of powers doctrine, Pres's appointment and removal powers may be constitutionally vested in a separate executive officer, as long as they are not delegated to either the legislative or judicial branches |
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Ex Parte Quirin
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Group of German spies detained, sued for habeas corpus
Under Articles of War and Executive Orders, Congress and President may constitutionally place unlawful combatants on trial before a military commission for offenses against the law of war |
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McCulloch v. Maryland
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Whether Bank of the US was constitutional in light of the Constitutions silence on subject of whether the Fed gov could charter a bank
Congress's tax and spend powers and Necessary and Proper Clause allow for creation of Fed bank; also states may not tax, bc Fed institutions immune to state taxes |
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US v. Comstock
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DoJ civilly detained mentally ill, sexually dangerous convicts passed release from custody
Necessary and Proper clause grants broad authority to enact Fed legislation that is convenient or useful rationally related to the implementation of a constitutionally enumerated power |
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US v. Lopez
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Gun-Free School Zones Act violator challenged the constitutionality of the act, w/ act being supposedly based on Commerce Clause
Acts under the Commerce Clause must pertain to issues that have economic impacts; congress may not regulate the mere carrying of handguns under CC |
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US v. Morrison
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Violence Against Women Act offender challenged act as unconstitutional w/ basis supposedly under Commerce Clause
Acts under the Commerce Clause must pertain to issues that have economic impacts; violence against women is not an economic activity |
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Gonzales v. Raich
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Fed agents seized and destroyed Raich's state approved medical marijuana plants, w/ Attorney General Gonzales citing Commerce Clause
Congress may regulate purely local activiites that are part of an economic "class of activities" that could have a substantial effect on interstate commerce; congress may regulate use and production of home-grown marijuana |
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National Federation of Independent Business v. Sebelius
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Plaintiffs sued Department of Health over Obamacare, citing Federal penalties and withholding of funds for noncompliants unconstitutional
Congress's Taxing and Spending powers allow for penalty for individuals opting out of ACA; holding Medicaid funding hostage to states unless they complied w/ regulations is unconstitutional, as Congress has no authority to order states to regulate according to its instructions (there may be grants, etc., but states must have genuine choice) |
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South Dakota v. Dole
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Congress withheld ~5% of Fed highway funds to states permitting <21yr olds to buy alcohol
Allowed under taxing and spending; only limitations are i) must be for 'general welfare' ii) conditions on receipt of funds unambiguous iii) conditions further Fed interest in particular nat'l program; and iv) conditions do not violate any other constitutional provisions (10th amendment) |
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Printz v. US
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Brady Act sued as unconstitutional bc it compelled state officers to comply w/ Fed program
Congress may not compel state officials to participate in the administration of Fed programs |
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US Term Limits, Inc. v. Thornton
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AK imposed HoR term limits; sued as unconstitutional
Requirements for memberships in US Congress are established by the Qualifications Clause and may not be amended by the states |
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Geier v. American Honda Motor Co.
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Tort action against Honda for not complying with state airbag regulations, although they applied w/ Fed regulations
No Express Preemption bc Savings Clause; Implied Preemption bc Fed and State standards 'actually conflict', so Fed law preempts |
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Gibbons v. Ogden
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NY legislature gave D exclusive rights to operate steamboats b/w NY & NJ; Gibbons operated boats in violation of these rights, claimed no jurisdiction
Fed commerce power overrules state regulations when they conflict; Fed has power over all commerce that is not wholly contained w/i one state |
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Wickard v. Filburn
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Wheat farmer fined for planting more than his designated allotment of crops and using the extra to feed his hogs
Local activity may be regulated under Commerce Clause if cumulative effect in aggregate may have economic impact |
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Heart of Atlanta Motel v. US
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Motel refused to accommodate blacks in violation of Title II of Civil Rights Act of 1964
Commerce Clause allows for regulations of activities that have a substantial effect on IC, interstate travel is a part of commerce |
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Garcia v. San Antonio Metropolitan Transit Authority
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SAMTA didn't want to pay in accordance w/ Fair Labor Standards Act, claimed that as a "traditional gov't service" it was exempt from gov't regulation
"Integral" & "Traditional" were too impractically subjective to provide reasonable boundaries. New policy requires state agencies seeking exemption to petition state's congressmen to carve out a statutory exemption |
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NY v. US
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Congress enacted the Low-Level Radioactive Waste Policy forcing states to make compacts about a waste disposal location, w/ punishment for not complying being they must 'take title' to the waste
Requiring states to 'take title' violates the 10th Amendment. Congress can't directly command state legislature, can only encourage w/ small monetary inducements |
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Willson v. The Black Bird Creek Marsh Co
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Boat owner sailed into dam, claimed dam violated Commerce Clause
Dam was allowed bc state laws are valid if i) legitimate purpose ii) consistent w/ the police power to regulate; and iii) it does not violate a Fed law |
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Philadelphia v. New Jersey
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NJ enacted a statute prohibiting the import of waste; sued for discrimination against IC
Under CC, a state may not discriminate on other states' articles of commerce based on origin; can not engage economic protectionism to isolate itself in the stream of IC from a problem shared by all |
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Granholm v. Heald
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MI & NY laws allowed in-state - but not out-of-state - wineries to ship alcohol directly to consumers
Unconstitutional economic discrimination; states cannot favor their own producers |
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Kassel v. Consolidated Freightways
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Iowa statute prohibited 65-foot-long trucks (trucks were diverted around the state)
Struck down bc benefit was illusory under the Balancing Test, Court ruled substantial discrimination to limit use of its highways |
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South Central Timber Development v. Wunnicke
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AK passes regulation that timber bought in AK must be processed before sold out of state; out-of-state purchased challenged under Commerce Clause
States cannot regulate how/where buyers process lumber after purchase from state; their status as a market participant ends w/ sale |
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United Bldg and Construction Trades Council v. City of Camden
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Camden passed ordinance requiring at least 40% of work force on city-funded construction project must consist of city residents
Even though it survived CC scrutiny, subject to scrutiny under Privileges and Immunities Clause; prevents states from discriminating against non-residents if i) burdens fundamental privilege (i.e. employment) with ii) no substantial reason (i.e. to benefit residents) |
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The Civil Rights Cases
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In 5 cases, blacks were denied same accomodations as whites, violating Civil Rights Act of 1875
Congress does not have power to pass laws prohibiting discrimination by private citizens, as 14th Amendment only prohibits state action; 14th Amendment inapplicable unless overt state action |
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Shelley v. Kraemer
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Whites try to evict black couple by enforcing restrictive covenant; issue of whether a court's enforcement of a private covenant constitutes state action
Judicial enforcement of discriminatory private agreement constitutes state action for 14th Amendment purposes, so state action; private people may discriminate, but may not use courts to enforce discrimination |
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DeShaney v. Winnebago County Dep't of Social Services
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DeShaney permanently injured by father who Social Services knew abused him and failed to act; DeShaney sues claiming violation of Due Process Clause
Indirect gov't action/inaction that permits a citizen to be injured at the hands of a private actor does not constitute Due Process Violation |
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The Slaughter-House Cases
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LA created a monopoly on slaughterhouses w/ one company, others put out of business; others sued under violation of A14 P&I (no right to engage in a lawful occupation w/o undue restraint)
13th and 14th Amendments only apply to former slaves; state restraint on butchers not seen as deprivaation of property under the DPC |
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Saenz v. Roe
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CA enacted statute that limits welfare to families that have resided in state <1yr to the amount payable by their prior state of residence (CA has abnormally high benefits)
Priv and Immunities Clause holds that state must provide same benefits to new residents as it does to other residents |
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Cleveland Board of Education v. Loudermill
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Security guard fired for not admitting felony on application
Procedural Due Process must comply w/ both state and Fed constitution; gov't interest in immediate termination does not outweigh the hearing protocols afforded by statute |
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Mathews v. Eldridge
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Eldrige's disability benefits were cancelled, sues for pre-termination hearing
Due process does not require a hearing prior to termination of Social Security Disability benefits, as post-termination hearing is sufficient; SSD benefits not based on financial need |
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Pierce v. Society of Sisters
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Oregon Act required all children 8-16 to go to public school; Society of Sisters educated orphans, but under this act untenable
Statute violated Due Process; states have right to ensure children receive education, but cannot dictate they all go to public schools |
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Lochner v NY
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NY statute provides no bakery employee could work more than x hrs a week/day. State claimed it was a valid labor law bc protection of public welfare under police powers of state
Unreasonable exercise of police power of the state bc it interfered w/ bakers' ability to contract and there was not a strong enough connection to public health. DISSENT IS GOOD LAW (Bakery owners are not equal to employees in bargaining power, so labor laws appropriate) |
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West Coast Hotel Co. v. Parrish
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Employee of WCH Co. received sub-minimum wage under state law
State imposed minimum wage regulation is valid, bc reasonable in relation to its subject and adopted in interest of the community so satisfies DPC |
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McDonald v. Chicago
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Chicago required all handguns be registered, wouldn't issue any new permits
DPC protects rights, 2nd amendment applies to states and local gov'ts |
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Buck v. Bell
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Buck in Asylum, state sought compulsive sterilization
Compulsory sterilization of the unfit does not violate DPC, Buck was not deprived of Due Process |
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Griswold v. Connecticut
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CT law forbade use of contraceptives, Planned Parenthood defendants convicted for counseling married people in contraceptive use
Right of Privacy protects intimate aspects of personal lives from gov't intrusion absent a showing that gov't action is nec. to accomplish compelling gov't interest |
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Roe v Wade
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Texas made abortion illegal except when necessary to save mother's life; Roe sued as unconstitutional
Women's right to private decision making is fundamental liberty right under the 14th Amendment; however it should be limited by compelling state objectives, so state may regulate after 1st trimester |
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Planned Parenthood v Casey
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Statute placed restrictions on abortion (women must give informed consent 24hrs in advance, minor must get permission from her parents, woman must inform husband)
Struck down 'married woman must inform husband', kept others; UNDUE BURDEN STANDARD - state can regulate and place restrictions on abortion so long as those regulations do not impose an undue burden on the woman's ability to make the abortion decision |
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Moore v. City of East Cleveland
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Cleveland had zoning ordinance which only allowed a single non-nuclear family to live together
The right of both immediate and extended family members to live together is a fundamental right protected by priniciples of substantive due process |
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Troxel v. Granville
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Paternal grandpartents sue mother to be able to visit grandchildren more often
Parents have liberty to decide child's best interests under Due Process |
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Lawrence v. Texas
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Texas statute made it a crime to engage in deviant sexual behavior w/ person of the same sex
Statute is struck down as violating liberty |
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Cruzan v. Director, Missouri Dep't of Health
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Cruzan was in accident, parents had to decide whether to take her off life support; there was some evidence she would not want to be kept alive
SC said there must be Clear and Convincing evidence that she would not want to be kept alive on a feeding tube; Cruzan had liberty interest to refuse unwanted medical care |
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Washington v. Glucksberg
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WA statute made it a crime to cause / aid suicide attempts; doctors sued, believing people should have right to die w/ dignity
Statute upheld; doctors can unplug machine, but another can't assist in suicide (not a fundamental right under Due Process) |
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Railway Express Agency v. People of the State of New York
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NY banned placing of ads on vehicles for another's products
Not a violation of equal protection; not requirement of EP that all evils of the same genus be eradicated or none at all. If legislature makes law applicable to everyone, no equal protection problem |
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Plessy v. Ferguson
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1/8 black man sat in white coach, imprisoned for violating state law
Separate but Equal doctrine satisfies EP as long as equal |
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Brown v. Board of Education
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Children wanted to go to all white school
Overruled Separate but Equal, produced most of the law on equal protection and race under EPC |
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Strauder v. West Virginia
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Black man found guilty by all white jury
Equal Protection gives blacks same rights as whites; selection of jurors cannot be confined by color |
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Yick Wo v. Hopkins
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All Chinese laundries were in wooden buildings, all white laundries in cement bldgs... law required wooden laundries to receive consent from city board, 200 Chinese were withheld consent unreasonably
Selective enforcement of a statute can be discrimination even if statute is neutral on its face; a fair law applied w/ unequal hand still violates EP |
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Korematsu v. US
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Korematsu failed to comply w/ relocation to Japanese Internment Camp
All legal restrictions which curtail the civil rights of a single racial group are immediately suspect and subjected to the most rigid scrutiny; Strict Scrutiny, but bc of WWII, regulations valid |
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Loving v. Virginia
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Interracial couple married in DC and moved to Virginia, where interracial marriage was illegal
Racial classifications receive Strict Scrutiny even when they may be said to burden / benefit the races equally |
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Grutter v. Bollinger
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Grutter denied from UM law school allegedly bc too many spots reserved from minorities
Student diversity is compelling state interest that can justify the use of race in university admissions; however, subjected to Strict Scrutiny and must be "narrowly tailored" as in this case, where race was only one factor amongst many |
