POS 4606 Exam 2

Judicial Review

the authority to invalidate legislation or executive actions which conflict with the constitution

John Marshall served as __ and __ at the same time.

Chief Justice and Secretary of State

Marbury V. Madison Legal Questions

1) Does Marbury have the right to commission

2) If Marbury has a right, does the law give him a remedy?

3) May the judiciary issue a writ of mandamus to force the President to enforce the law?

4) May the supreme court issue a writ of mandamus?

Why didn't the Supreme Court have jurisdiction in Marbury V. Madison

U.S. Constitution Article III Section 2: In all other cases, the Supreme Court shall have appellate jurisdiction.

Judiciary Act of 1789: gave the Supreme Court original jurisdiction to issue writs of mandamus

Legacy of Marbury V. Madison

It is emphatically the province and duty of the judicial department to say what the law is.

Article III Section 1

"The Judicial Power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish."

Article III Section 2

"The judicial Power shall extend to all cases, in law and equity, arising under the Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority..."

Moore V. Harper (2023) Question

Under the U.S. Constitution, does the state legislative body, independent of any constraints by state courts or other laws, have sole authority to regulate federal elections?

Moore V. Harper (2023) Decision

State courts, as created by a state constitution, have the right to check maps created by state legislatures for partisan gerrymandering.

According to Obrein what is true of Brown II's mandate that schools desegregate with "all deliberate speed"

it was a recognition of the limits of the court's power

it was an apology for not setting a precise timeline to end segregation

According to Matthew Hall's theory, when is the Supreme Court most likely to bring about lasting social change

When a Supreme Court decision is implemented vertically, and the public supports the decision

How many Supreme Court decisions have been expressly overturned by constitutional amendments

6

What is true of the counter-majoritarian difficulty

it means unelected judges can undermine the will of the majority by overturning laws

The difficulty is inherent in the American power of judicial review

Rehnquist describes many reasons that the Supreme Court's decision in Dred Scott v. Sandford was controversial. Which issue was least controversial as a legal matter at the time the case was decided

Whether Missouri law governed Dred Scott's status as a slave

Who won Gibbons v. Ogden and why

Gibbons won, because Congress has the power to regulate commerce between the several states

Who won McCulloch v. Maryland, and why

McCulloch won because congress has the power to establish a national bank that may not be taxed by the states.

What were the questions in McCulloch v. Maryland

Does Congress have the authority to establish a national bank?

Can a state impose a tax on a federal institution?

What did the Supreme Court's Decision in Schechter Poultry do

It considered whether the National Industrial Recovery Act violated the Constitution

It considered whether Congress improperly delegated its power to the executive branch

It interpreted the Constitution's commerce clause

Hammer v. Dagenhart (1918)

Dagenhart sued because he wanted his son to have the freedom to engage in child labor

The case required the Supreme Court to interpret the Commerce Clause

What did the Supreme Court do on Black Monday that President Roosevelt really disliked

Invalidated 3 New Deal Programs

Roosevelt's plan to reorganize the judiciary

applied to all federal courts

Roosevelt justified his plan by saying that the Supreme Court was preventing the country from implementing necessary New Deal reforms

Roosevelt and his Attorney General developed the plan in Secret

What contributed to the failure of Roosevelt's plan to reorganize the judiciary

The House Judiciary Chairman immediately and openly opposed the plan

Roosevelt changed the justification he gave for wanting to reorganize the judiciary

The bill's Senate Sponsor, Joe Robinson, died of a heart attack

In his fireside chat of March 9, 1937, what did Roosevelt mean when he criticized the Court for being a third branch of government

acting like a legislative body and imposing their policy preferences on the nation

In his fireside chat of March 9, 1937 what did Roosevelt mean when he criticized the judiciary for "amending the constitution by the arbitrary exercise of power"

Judges should be restrained when they exercise judicial review

Do Supreme Court decisions always represent the final word on constitutional issues

No, because 3 years after the Supreme Court decided how the First Amendment applies to flag salutes it overruled its prior decision in West Virginia v. Barnette.

What was the question in West Virginia V. Barnette

Did the compulsory flag-salute for public schoolchildren violate the First Amendment?

What was the ruling in West Virginia V. Barnette

Compelling children to salute the flag was unconstitutional because under the First Amendment governmental organizations (such as schools) cannot enforce a unanimity of opinion, including on national symbols such as the flag.

What was the question in Wickard v. Filburn

Filburn was a farmer who harvested nearly 12 acres of wheat above his allotment under the Agricultural Adjustment Act of 1938 and he was penalized under the Act. Did the act violate the commerce clause?

What was the holding of Wickard v. Filburn

Congress may regulate local activities that have a substantial economic effect on interstate commerce.

What was the question in the United States V. Lopez

Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause?

What was the conclusion in US V. Lopez

Yes it is unconstitutional because it is a criminal issue not an economic issue that could effect interstate commerce, therefore it was not congress's job to regulate it and should be left to the states.

What legal movement was US v. Lopez a part of

New Federalism

What was the Question in Gonzalez V. Raich

Does the Controlled Substances Act exceed Congress' power under the commerce clause as applied to the intrastate cultivation and possession of marijuana for medical use?

What was the decision in Gonzalez V. Raich

No it is not unconstitutional because congress has the authority to prohibit the local cultivation and use of marijuana over state laws saying the contrary as it would effect the great national marijuana industry.

Justice Thomas' Statement from the denial of cert in Standing Akimbo

considered a shadow docket statement because it was not issues after full briefing and argument on the merits

he thinks the federal government's policies since Gonzalez v. Raich show that the case was wrongfully decided

Believed the federal government lacks power under the commerce clause to pass the Controlled Substances Act

Congress's enumerated powers under Article I Section 8

To borrow money on the credit of the United States

To establish a uniform rule of naturalization and uniform laws on bankruptcies

to coin money

to provide for the punishment of counterfeiting

to establish post offices

to create copyrights and trademarks

to constitute tribunals inferior to the supreme court

Congress's enumerated powers under McCulloch decision

To lay and collect taxes, duties, imposts and excises

to make all laws which shall be necessary and proper for carrying into Execution the foregoing powers

Congress's enumerated powers under the Gibbons Decisions

To regulate interstates commerce

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Art 6. Supremacy Clause

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof.... Shall be the supreme Law of the Land.... Any Thing in the Constitution or Laws of any State to the Contrary notwithstanding

McCulloch V. Maryland Facts

The U.S. Established a national bank. Maryland taxed it. U.S. did not pay. Maryland sued.

McCulloch v. Maryland relative statute

Taxing Power: Article 1 section 8: Congress shall have Power to lay and collect taxes

Necessary and proper clause: Article 1 section 8: To make all laws which shall be necessary and proper for carrying into execution the foregoing powers

Supremacy Clause: This Constitution... shall be.... the supreme law of the land

Gibbons V. Ogden facts

NY granted Ogden an exclusive license to operate in the Hudson River. The feds granted Gibbons a license to operate in the Hudson River. Ogden sued. New York courts stopped Gibbons from operating his boats.

Gibbons V. Ogden relative statute

Commerce Clause: Article I section 8: The congress shall have the power ... to regulate commerce ... with foreign nations and among the several states.

Hammer v. Dagenhart Facts

The 1916 Congress prohibited the interstate shipment of goods produced by child labor. Hammer sued.

Hammer v. Dagenhart legal question

does the commerce clause give the federal government the power to regulate the transportation of goods produced in child labor?

Hammer v. Dagenhart Holding

The law was invalidated because of the intent of the law, congress never intended to regulate transportation among the states which is within their purview, they intended to regulate the ages at which children can be employed, which is in the purview of the states.

Child Labor Amendment

1924 attempt to give congress the power to limit regulate and prohibit the labor of persons under 18 years of age,

never reached the 3/4 for ratification (36 at the time)

Fair Labor Standards Act

1938 law which prohibits child labor

US V. Darby

The supreme court reversed Hammer and upheld congress' power to regulate employment conditions under the commerce clause

The Early New Deal Justices

4 horsemen of reaction (conservative)

3 musketeers (Progressive)

Swing

4 horsemen of reaction

Pierce Butler

James McReynolds

George Sutherland

Willis Van Devanter

3 Musketeers

Louis Brandeis

Benjamin Cardozo

Harlan Fiske Stone

Swing Justices (early New Deal)

Charles Evan Hughes

Owen Roberts

Schechter Poultry v. US Facts

The National Industrial Recovery Act created the National Recovery Agency and authorized the agency to create codes of fair competition including establishing a Live Poultry Code for New York City. The Schechter brothers were convicted and sued.

Schechter Poultry v. US Issues

Does this Act go Beyond Congress' authority o regulate commerce among the states?

Does this act improperly delegate Congress' legislative power to the president?

Schechter Poultry v. US Decision

Congress lacked the power under the commerce clause to enact the NRA. Even progressive justice Louis Brandeis agreed the NRA gave the federal government too much power to regulate local activities.

Humphrey's Executer Holding

President Roosevelt lacked the power to remove the head of a federal agency who didn't share his views (may be struck down soon)

Louisville Joint Stock Land Banks v. Radford Holding

Congress Lacked the power to assist farmers keeping their farms from being foreclosed upon.

Black Monday

May 19, 1935

Supreme court ends the NRA and limits executive power in deciding three cases

Schechter Poultry v. US

Humphry's Executer

Louisville Joint Stock Land Bank v. Radford

Why do people obey authority (Justice Breyer and Cicero)

Fear of punishment, hope for reward, and agreement with just authority

Horse and buggy definition of interstate commerce

FDR's complaint about how the Supreme Court used the Commerce clause on Black Monday

U.S. V. Butler

Court Struck down the agricultural adjustment act because it exceeded Congress's power to tax

Morehead v. New York

Struck down New York's Minimum Wage law on the ground that it violated substantive due process

West Coast Hotel v. Parrish

The state may use it's police power to restrict the individual freedom to contract, overruled Morehead and Adkins

What was the significance of West Coast Hotel Company v. Parrish

Marked the court's departure from the expansive view of the freedom of contract

Judicial reorganization bill (1937)

FDR's proposed bill would have expanded the Supreme Court to 15 and allow the president to appoint a new justice for every sitting justice over the age of 70

FDR's original justification of the Judicial Reorganization Bill

Argued that the Court was overworked, slow and infirm, and needed younger blood to improve efficiency

Opposition to the Judicial Reorganization Bill

Strong opposition claimed that it was FDR's attempt at a power grab and threatened separation of powers and judicial independence

What killed the Judicial Reorganization Bill

Intentions were muddy, the senate judiciary committee rejected the bill, the senate president changed

New Deal Justice Replacements 4 horsemen

Devanter -> Black

Sutherland -> Reed

Butler -> Murphy

McReynolds -> Byrnes -> Rutledge

New Deal Justice Replacements 3 Musketeers

Brandeis -> Douglas

Cardozo -> Frankfurter

Fiske Stone -> became chief!

New Deal Justices Replacements Swing

hughes -> Jackson

What years were the Warren Court

1962-1969

Who appointed Warren

Eisenhower in 1953

Principal architect of the Warren Court

Bill Brennan, replaced minton in 1956

Least effective justices on the warren court

Whittaker and Duvall

Warren's first big case

Brown V. Board

Who replaced Clark in 1962

Thurgood Marshall

Who did Justice Breyer clerk for

Arthur Goldberg

Who was Goldberg replaced by

Abe Fortas

Heart of Atlanta Motel v. US (1964)

The Commerce Clause gives Congress the power to pass the civil rights act of 1964 and prohibit hotels from discrimination on the basis of race

Katzenbach v. McClung (1964)

The Commerce Clause gives congress the power to pass the civil rights act of 1964 and prohibits restaurants from discriminating on the basis of race

Federalism

The division of power between a central government and state government

New Federalism Movement

By interpreting the Commerce Clause narrowly the Supreme Court invalidated federal laws that regulated areas of traditional state concern

declined to extend congress' powers in "light of our dual system of government"

Why New Federalism

Worried that extending federal power would "effectually obliterate the distinction between what is national and what is local and create a completely centralized government"

Gun Free School Act 1990

Congress made it a federal crime for any individual knowingly to possess a firearm within 1,000 feet of a school zone

Commerce Clause

Congress has the authority to regulate commerce among the several states

10th amendment

The powers not delegated to the United States by the Constitution are reserved to the states

US V. Lopez Issue

Does the commerce clause empower congress to pass the gun free school zone act

US V. Morrison

Even if an intrastate non-economic activity has a substantial effect on intrastate congress may not regulate in an area of traditional state control

US v. Morrison Issue

Does the commerce clause give Congress authority to pass the Violence Against Women Act

Violence Against Women Act (1994)

Congress created a federal cause of action so victims of gender-motivated violence could sue in federal court

Said the commerce clause empowers congress to "regulate commerce among several states"

Congress made findings that violence against women has extensive economic nationwide impacts

Gonzalez v. Raich

The Commerce Clause empowers congress to pass the CSA, or because it was necessary and proper

Gonzalez v. Raich Dissent

Rehnquist, O'Connor, and Thomas

Interstate commerce means to buy, sell, barter, or transport across state lines

Gonzalez V. Raich Issue

Does the Commerce Clause give congress the power to prohibit the cultivation and use of marijuana in local markets