Cases - General Info & Holding

Question 1

Marbury v. Madison

Answer 1

TJ did not want to give commissions to Federalist judges –> were they employed?

3 issues of the case

1. Whether TJ was required to give the commission/when does the commission go into effect? Court says that Marbury has the commission regardless of if he has the paper
2. Whether the court can issue writs of mandamus to the executive – Court says yes
3. Whether SCOTUS has jurisdiction over this case – No

Question 2

Jacobson v. Commonwealth of MA

Answer 2

Does the state have the power to pass vaccine mandates for small pox?

3 arguments

1. Violated preamble – Court held that federal government does not gain any additional power from the preamble
2. Violated 14th A – Court held that the spirit of the rule allows exemptions and there is a relevant distinction between children and adults
3. Violated spirit of Con – Court says they do not need to go beyond the plain and obvious words of the Con

Avoidance Canon: choose interpretation that avoids Con question

Question 3

Cooper v. Aaron

Answer 3

Arkansas could not undermine the Constitution by passing legislation against the court’s holding in Brown v. Board of Education

Broad reading of Marbury: Court is the supreme interpreter of the Constitution and because every state officer takes an oath to uphold the supreme law of the land, they must obey the SCOTUS

SP: Marbury actually says SCOTUS gets to decide if something is constitutional, not that they can make everyone abide by their opinion

Question 4

Lujan v. Defenders of Wildlife

Answer 4

Statutory interpretation extending to foreign lands case

3 Requirements of a case

(1) Imminent or actual personal injury
(2) Causation from D
(3) Likely redressability

Question 5

Baker v. Carr

Answer 5

Misapportionment case

SCOTUS cannot decide cases under the Guaranty Clause, but can under the Equal Protection Clause

Justiciable if textually demonstrable commitment of issue to a particular branch

Question 6

Judge Nixon v. US

Answer 6

Judge arguing against his impeachment by the Senate even though only a small number were allowed to attend his trial

Constitutionality of impeachment proceedings non-justiciable political question because Senate has textually demonstrable sole power to try impeachments

Question 7

Youngstown

Answer 7

Does POTUS have the power to seize factories when Congress silent on issue? Sometimes.

Categories of Cases

(1) Silence from Congress is consent - Qui tacet consentit
(2) Silence is silence
(3) Silence is disagreement

Question 8

Zivotofsky v. Kerry

Answer 8

Can Congress recognize the boundaries of a foreign sovereign by statute? No.

Category 3 event
Structurally, only executive has power to recognize foreign sovereigns

Question 9

Trump v. Hawaii

Answer 9

Does the ban against aliens primarily from countries with a Muslim-majority population violate the Establishment Clause? No.

Rational basis scrutiny: is there a conceivably legitimate state purpose and can the statute be rationally understood to advance this purpose –> if yes then legal

Question 10

INS v. Chadha

Answer 10

Is a unicameral veto over extending someone’s visa constitutional? No.

Article I provides that all laws must be presented to the President and having a unicameral house veto would defeat presentment and bicameralism

Question 11

Morrison v. Olson

Answer 11

Can Congress limit the Executive branch’s ability to remove executive officers? (E.g., AG assigning an independent counsel)

The pardon power is absolute, but not the removal power. Judicial branch can appoint inferior executive officers that the executive branch cannot remove without good cause. This does not violate separation of powers.

Question 12

Clinton v. Jones

Answer 12

Can the President be sued for civil matters while in office? Yes.

While distraction and distortion are concerns, civil trials against the President may commence despite the executive privilege.

Question 13

Nixon v. Fitzgerald

Answer 13

Can the President be sued for actions taken in his official capacity? No.

Presidents are granted absolute immunity within their official capacity. This is because of distortioon and distraction.

Question 14

US v. Nixon

Answer 14

Does the presidential privilege of confidentiality extend to criminal cases? No, to some extent.

The need to produce evidence in a criminal proceeding overrides presidential confidentiality except in cases with military, diplomatic, or national security interests.

Question 15

McCulloch v. Maryland

Answer 15

Does the federal government have the power to create a national bank? Yes. Does Maryland have the power to tax that bank? No.

Congress has the power to borrow money under A1 § 8, and therefore can create a bank. The Necessary & Proper Clause of § 8 reads as an expansion of rights. There is no clause that says Congress only has powers listed in 10A. Fundamental power of the Constitution over the states and the states cannot tax to destroy.

Question 16

US v. Comstock

Answer 16

Do you have to be convicted of a crime to be detained if you are already in the custody of federal prisons? No.

Three conditions (a. sexually violect conduct b. serious mental illness c. sexually dangerous to others) met means they can be committed indefinitely. The Necessary & Proper clause gives the government the power to do this.

Question 17

National Federation of Independent Business v. Sebelius

Answer 17

(1) Is the individual mandate contained in the Patient Protection and Affordable Care Act of 2010 a valid use of Congress’s power to tax? Yes.
(2) Is the Medicaid expansion provision of the Patient Protection and Affordable Care Act of 2010 a constitutional use of Congress’s spending powers? No.

Tax based on income and collected by the IRS, just like other taxes, so Congress’ assertion that it’s a penalty is irrelevant. However, the lack of choice makes the expansion unconstitutional.

Question 18

Gibbons v. Ogden

Answer 18

Can Congress control nvaigation because it is part of the Commerce Clause? Yes.

The power of Congress is plenary here; commerce within a state often affects commerce between states as well. The port preference clause enables the federal government to control navigation as it relates to commerce.

Question 19

US v. EC Knight

Answer 19

Can Congress regulate manufacturing? No.

Congress cannot regulate manufacturing refined sugar because it is local and therefore beyond the scope of the Commerce Clause.

Question 20

Texas Railway Co. v. US (Shreveport Cases)

Answer 20

May Congress use its Commerce Clause powers to regulate activities occurring fully within a state when those activities have a substantial effect on interstate commerce? Yes.

The Commerce Clause grants Congress the power to regulate interstate economic activity. There is a substantial economic effect of intrastate carriage on interstate commerce, and because Congress can regulate the instrumentalities of commerce, they can regulate this (rates for shipping).