Cases

Question 1

Marbury v. Madison

Answer 1

• Judicial Review
• It is the duty of the judicial department to say what the law is - resolve conflicts between constitution and laws aka power of judicial review

Question 2

Cooper v. Aaron

Answer 2

• Judicial Review
• Supreme Court interpretation of the const. is supreme law & no state may resist that or make laws in contradiction of that

Question 3

Ex Parte Mccardle

Answer 3

• Limitations on the Judiciary – congressional limits
• General rule for judicial power is that until a case is finished (that is a final unappealable judgement) changes in the law are given effect even in that on going case
• Official may not be acting in official capacity if unconst action - exception to sovereign immunity

Question 4

Lujan v. Defenders of Wildlife

Answer 4

• Limitations on the Judiciary – Standing
• Req of standing:
  1) An injury in fact
  2) Casual connection between injury & conduct
  3) Probability a favorable verdict will reduce harm

Question 5

Spokeo v. Robins

Answer 5

• Limitations on the Judiciary – Standing
• An injury in fact must be both concrete & particularized

Question 6

Powell v. McCormack

Answer 6

• Limitations on the Judiciary – political questions
• Found A1 § 5 does not give the house power to limit those qualified under constitution & this was not a political question

Question 7

Nixon v. US

Answer 7

• Limitations on the Judiciary – political questions
• Controversy is non-justiciable where there is a textually demonstrable constitutional commitment of the issue to coordinate political department or lack of judicially discoverable and manageable standards for resolving it

Question 8

Rucho v. Common Cause

Answer 8

• Limitations on the Judiciary – political questions
• Gerrymandering is a question for congress not the judiciary - it is a political question

Question 9

McCulloch v. Maryland

Answer 9

• Legislative Powers
• Powers must be inferred from the constitution because it isn’t exhaustive

Question 10

Gibbons v. Ogden

Answer 10

• Commerce Clause
• Commerce clause includes trade carried between states

Question 11

Daniel Ball

Answer 11

• C.C
• To not allow commerce clause to include ships that operate within state lines would destroy federal power over commerce

Question 12

Champion v Ames

Answer 12

• Commerce Clause
• Regulation of IC can include prohibition against carrying articles of commerce against state lines

Question 13

US v Darby

Answer 13

• C.C
• Overruled hammer - intrastate activities may be regulated where they have a substantial effect on IC

Question 14

Wickard v Filburn

Answer 14

• C.C
• Aggregation doctrine introduced to sustain regulation of a purely local activity with a substantial effect on IC
  *If multiple ppl are engaging in purely intrastate activity but combined the actions have substantial affect then it can be regulated

Question 15

US v Lopez

Answer 15

• C.C
• Gun possession is not an economic activity that affects IC

Question 16

Gonzalez v Raich

Answer 16

• C.C
• MJ use has a substantial affect on IC - difficulty determining where it was grown & overall demand in interstate market

Question 17

Nat’l Fed’n of Indep Bus v. Sebelius

Answer 17

• C.C.
• Congress may not compel individuals to become active in commerce by req purchase of a product

Question 18

South Dakota v. Dole

Answer 18

Taxing/Spending Power
Four limitations to spending/taxing power:
1. Must be for general welfare
2. If spending is conditioned on something those conditions must be very clear
3. Conditions must be related to federal govt interest
4. Conditions must not conflict with constitution

Question 19

Missouri v. Holland

Answer 19

• Implementing Treaties
• Under necessary & proper clause/treaty power congress can make treaties even in areas they would otherwise not be able to regulate with law