Case Notes

Question 1

Marbury v. Madison Legal Question

Answer 1

Is Marbury entitled to the writ of mandamus of the Judiciary Act of 1789 for his Judge commission. Does the Judiciary Act of 1789 violate Article III?

Question 2

Marbury v. Madison Political Question

Answer 2

Need to make sure Supreme Court retains power, don’t want Madison to just say no despite the ruling

Question 3

Marbury v. Madison Importance

Answer 3

Established the power of Judicial Review, said Judiciary Act of 1789 is unconstitutional

Question 4

Citizens United v. FEC

Answer 4

Businesses are a people and have some rights

Question 5

Heart of Atlanta Motel Legal Question

Answer 5

Does the motel denying stay to African Americans since they are a local institution violate the Civil Rights Act of 1964?

Question 6

Heart of Atlanta Motel Holding

Answer 6

Title II of the Civil Rights Act of 1964 is upheld

Question 7

Heart of Atlanta Motel Reasoning

Answer 7

The decision was based on the Commerce Clause. Denying lodging was impacting interstate commerce, congress is allowed to regulate this.

Question 8

ObamaCare, Sebelius Legal Question

Answer 8

Is the Patient Protection Affordable Care Act Individual Mandate constitutional under the Commerce Clause or Taxation powers in Article I, Section 8 of the Constitution?

Question 9

ObamaCare, Sebelius Holding

Answer 9

The financial penalty for not having health insurance is characterized as a tax, so congress has the power to enact this policy

Question 10

ObamaCare, Sebelius Reasoning

Answer 10

Since the penalty for not having healthcare can be viewed as a tax Congress is within their power to enforce the Act.

Question 11

303 Creative Legal Question

Answer 11

Does CADA compelling her to create speech she does not believe violate the Free Speech Clause of the First Amendment?

Question 12

303 Creative Holding

Answer 12

The previous decision is reversed and Ms. Smith of 303 Creative is allowed to not sell her products to gay weddings under her First Amendment right of Free Speech. CADA cannot compel her to speak words she does not wish to speak.

Question 13

303 Creative Reasoning

Answer 13

Since 303 Creative creates unique and the products use her own expression CADA violates her freedom of speech. Government does not have the power to describe what is offensive language or not.