Constitutional Law

Marbury v. Madison (1803)

Facts: James Madison won’t deliver commissions to William Marbury.

Legal Question: Does SCOTUS have authority to order a writ of mandamus?

Ruling: Yes. Courts have the authority to say what the law is: establishes Judicial Review

Federalist No. 78

Hamilton:

• Judicial branch is the weakest (lacks power of sword, and purse)

• Judicial branch should be separate from other branches of gov’t (lifetime tenure, avoids political pressure like other branches)

• Judicial branch has the right to strike down laws that conflict with Constitution (judicial review)

Ex Parte McCardle

Facts: Journalist jailed after civil war, and tried in military tribunal. Failed to get a habeus corpus, so it went to scotus (apellate jurisdiction). Congress tries to remove their jurisdiction.

Question: Can Congress remove appellate jurisdiction?

Ruling: Yes. But not when jurisdiction is already being exercised.

McChulloch V. Maryland

Facts: Congress creates a national bank. Maryland tries to tax it.

Question: Can Congress create a national bank, and can Maryland tax it?

Ruling: Yes Congress has implied powers. Maryland cannot tax a federal entity

United States v. Comstock

Facts: Convicted sex offenders are required to be civilly committed under federal law after their sentence,

Question: Can Congress civilly commit people after their sentencing?

Ruling: Yes. Established Comstock test

Comstock (Necessary and Proper) Test

1. Broad authority to enact laws rationally related to constitutional powers

2. History of federal involvement in related areas

3. Sound reasons for law's enactment

4. Accommodation of state interests (allow states to have a say)

5. Narrow scope - law must be reasonable, not overly broad

U.S. v. E.C. Knight

Facts: A sugar refining company that produced 98% of sugar  was sued under antitrust act (outlawed monopolies).

Question: Could Congress regulate sugar refining through the Commerce Clause?

Ruling: No. Manufacturing is a purely local activity, not commerce. Congress can’t regulate production.

Wickard v. Filburn

Facts: Filburn overharvested wheat (limit set by a federal act). Filburn argued he did not put this wheat on the market and just used it himself.

Question: Could Congress penalize Filburn for overharvesting under the Commerce Clause?

Ruling: Yes. Local activities in aggregate would have an interstate impact. Congress has power to regulate industry prices.

Heart of Atlanta Motel

Facts: Civil rights act prevented discrimination in public places if it effected commerce. Heart of Atlanta Motel refused to accept Black residents.

Question: Can Congress prevent public accommodations the right to choose their customers?

Ruling: Yes. Civil rights act applied to hotels, and therefore Commerce Clause. Local discrimination burdens interstate commerce.

United States v. Lopez

Facts: Student possessed a gun in a school zone, violating the gun free school zones act (empowered under Commerce Clause)

Question: Was the Gun Free School Zones Act constitutional under Commerce Clause?

Ruling: No. Possession of a gun in a school zone is not a commercial activity. Actions relating to commerce must be “close and substantial”. Creates 3 part test.

Commerce Clause test

1. Use of channels of interstate/foreign commerce (ex. highways)

2. Protection of instrumentalities of interstate commerce (ex. protecting highways)

3. Activities affecting interstate commerce (ex. protecting activities that happen on the highways)

NFIB v. Sebelius

Facts: Affordable Care Act requires everyone to purchase health insurance. Those that don’t pay a penalty. Employers required to have health insurance for employees. If not, they get no funding for Medicaid.

Question: Does Congress have the power under Taxing and Spending, Commerce Clause to require people to purchase health care? Can Congress stop all funding if states don’t comply?

Ruling: No. You cannot compel people to participate in commerce (commerce clause applies to current commerce, not to create it). Congress cannot completely withdraw funding (refines Dole test). BUT it was a valid tax under taxing power.

U.S. v. Butler

Facts: Congress rented farmland and paid farmers for it to not be used during Great Depression.

Question: Did Congress exceed taxing and spending powers under Agricultural Adjustment Act?

Ruling: Yes. Agriculture is a local activity. Processors and farmers don’t have a say under the act. This issue is reserved for the states. Not for the “general welfare”

Helvering v. Davis

Facts: Established social security.

Question: Did congress exceed their powers by establishing social security?

Ruling: No. General welfare is not determined by a formula, it’s up to Congressional discretion. (Unless it is clearly wrong or arbitrary). This issue is beyond the states ability to handle.

Steward Machine Co. V. Davis

Facts: Social Security taxes employers with 8 or more employees for those in need.

Question: Did Congress exceed their powers by taxing?

Ruling: No. It’s a uniform tax being used for general welfare (unemployment and poor economy). Not a penalty because it’s the same if you participate or not. States can choose not to participate.

South Dakota v. Dole

Facts: Congress requires drinking age set to 21 or have portion of transportation funds taken away.

Question: Could Congress require states to establish a drinking age to receive federal funding?

Ruling: Yes. Established the Dole test. Just because something is coercive doesn’t mean it’s pressure. 

Sabri v. United States

Facts: City council member was bribed, some with federal funds.

Question: Can Congress make it a federal crime to bribery, and not require there to be proof if federal money is involved or not?

Answer: Yes. Spending Clause, and Necessary and Proper give Congress the ability to spend money for general welfare. This gives them authority to ensure it’s not misued.

Dole Test

Spending Clause

1. General Welfare

2. Clear Notice

3. Relatedness

4. No Constitutional Bar

5. No Coercion

Madison vs. Hamilton view on taxing and spending

Madison: Narrow view, General Welfare tied to enumerated powers (otherwise Congress has unlimited power) otherwise it compromises the Constitution.

Hamilton: Broad view, independent power to spend for national purposes, does not have to be tied to enumerated powers. BUT it has to be general, not local or particular.

Pre-New Deal Court

• Dominant ideology: dual-federalism (state and federal seperate), laizefaire (opposed regulation)

• Mostly republican (4 horsemen - republicans, 3 musketeers - liberal)

• Roberts is inbetween, the swing vote.

• E.C. Knight: Manufacturing not commerce, Congress limited

New-Deal Court Transition

• Great Depression. Extreme economic conditions

• FDR New Deal plans to help economic and create safety nets, largely shut down by SCOTUS

• Switch in time saved 9: FDR wanted to pack the court.

• Roberts would rule in favor of New Deal laws to prevent this. (West Coast Hotel v. Parrish)

• Opened up for broader powers under Commerce Clause