Con Law Flashcards
Marbury v Madison:
The Supreme Court of the United States (Supreme Court) has constitutional authority to review executive actions and legislative acts. The Supreme Court has limited jurisdiction, the bounds of which are set by the United States Constitution (Constitution), which may not be enlarged by the Congress.
District of Columbia v Heller
the 2nd Amendment extends a right to all individuals to keep firearms, and although the 2nd Amendment is not absolute, a complete ban on a class of weapons (handguns), even for a lawful purpose, violates the constitution.
Plaut v. Spendthrift Farm, Inc
Congress may not require the federal courts to reopen a case after a court has rendered final judgment.
Hollingsworth v. Perry
Failed because asserted a generalized grievance of all gay people. Should be policy issue.
Clapper v. Amnesty International
No standing because claimed future injury. Injury must be actual or imminent. Dissent argued that certainly impending is more about reasonably likely than absolutely certain
U.S. v. Windsor
Injury was to the government through the money from the taxes. Lesbian couple, taxes after spouse died
City of Los Angeles v. Lyons
A plaintiff who wants to invoke the jurisdiction of the Supreme Court must allege an “actual case or controversy.” Further, the injury complained of by plaintiff must be immediate. Past exposure to illegal conduct does not, by itself, show a present case or controversy.
Adolph Lyons (Lyons) was pulled over by a Los Angeles police officer for a traffic violation. He offered no resistance, and without provocation, the police officer seized Lyons and placed him in a chokehold, rendering Lyons unconscious.
McCulloch v. Maryland
The state of Maryland passed a law that imposed taxes on all the banks located in its territory that are not chartered by its legislature. The branch of Bank of the United States fell under this law. The cashier of this Bank, McCulloch, refused the pay the taxes and claimed that the state cannot tax the national bank.
Comstock
Civil commitment of sex offenders allowed because means were necessary and proper where it was rationally related to enumerated power and doesn’t invade state sovereignty or improperly limit states’ powers. Test: Means rationally related to enumerated power, long history of federal involvement in area, sound reasons for enactment, statute accommodate state interests, links between statute and enumerated power not too attenuated
E.C. Knight
Sugar monopoly, not commerce. Commerce succeeds manufacture, effect on commerce was indirect
Exercise of the Commerce Power may not destroy the police power retained by the states.
Carter v. Carter Coal Co
“Commerce” is the equivalent of “intercourse for the purposes of trade.”
intent to exchange in interstate not enough, detailed findings on relationship between coal and national economy
Is there standing?
Injury in fact
- actual or imminent
Causation
- fairly traceable
Redressability
- can the courts remedy
No Generalized Greivence
May congress legislate on the matter?
Commerce Clause
Necessary and Proper Clause
Tax/Spending
10th admendment cut off Congress Power
Commerce Clause
Channels
- air
- water
- roads
Instrumentalities
- boats
- cars
- planes
Substantial Effect
- Economic effect
Heart of Atlanta Motel
hotel refused to rent to blacks, near highway, advertised nationally. Court found discrimination impacted interstate commerce and discouraged black travel. Congress may regulate moral wrongs if they affect interstate commerce. Congress can regulate local businesses if they have an impact on interstate commerce.
Wickard v. Filburn
Wheat quotas, may have substantial economic effect on interstate commerce, affects price, important to national economic and personal consumption, Congress can count cumulative effect
Gonzalez v. Raich
Congress has the power to prohibit the local cultivation and use of marijuana under the power of the commerce clause.
Wickard establishes that Congress can regulate intrastate activity that is not itself “commercial” (not produced for sale) if it concludes that failure to regulate that activity would undercut regulation of the interstate market for that commodity.
