Key Cases

Marbury v. Madison – Rule

Established judicial review; SCOTUS can strike down unconstitutional laws.

Marbury v. Madison – Issue

Does SCOTUS have authority to order delivery of commission?

Marbury v. Madison – Holding

No, Judiciary Act provision was unconstitutional.

Eakin v. Raub – Rule

Reinforced judicial review; dissent argued only legislature should decide constitutionality.

Eakin v. Raub – Issue

Should courts have power to declare laws unconstitutional?

Eakin v. Raub – Holding

Yes, but dissent opposed.

McCulloch v. Maryland – Rule

Necessary & Proper Clause expands federal power; states cannot tax federal government.

McCulloch v. Maryland – Issue

Can Congress create a bank and can states tax it?

McCulloch v. Maryland – Holding

Yes to bank, no to state tax.

Scott v. Sandford – Rule

Enslaved persons are not citizens; Missouri Compromise unconstitutional.

Scott v. Sandford – Issue

Is Scott a citizen entitled to sue in federal court?

Scott v. Sandford – Holding

No, enslaved persons cannot sue.

Baker v. Carr – Rule

Legislative apportionment is justiciable; established political question test.

Baker v. Carr – Issue

Is apportionment a political question or justiciable?

Baker v. Carr – Holding

Justiciable — courts can review.

Ex Parte McCardle – Rule

Congress can limit SCOTUS appellate jurisdiction under Exceptions Clause.

Ex Parte McCardle – Issue

Can Congress strip Court’s jurisdiction mid-case?

Ex Parte McCardle – Holding

Yes.

Nixon v. United States – Rule

Impeachment trials are a political question; Senate has sole authority.

Nixon v. United States – Issue

Can courts review Senate impeachment procedures?

Nixon v. United States – Holding

No, non-justiciable.

Lujan v. Defenders of Wildlife – Rule

Standing requires injury in fact, causation, redressability.

Lujan v. Defenders of Wildlife – Issue

Did plaintiffs have standing to sue?

Lujan v. Defenders of Wildlife – Holding

No, no concrete injury.

Powell v. McCormack – Rule

Congress cannot add qualifications; may only expel by 2/3 vote.

Powell v. McCormack – Issue

Can Congress exclude a duly elected member?

Powell v. McCormack – Holding

No.

U.S. Term Limits v. Thornton – Rule

States cannot impose qualifications for federal office.

U.S. Term Limits v. Thornton – Issue

Can states add qualifications for Congress?

U.S. Term Limits v. Thornton – Holding

No.

Gravel v. United States – Rule

Speech & Debate Clause protects legislators and aides in legislative acts, not private publication.

Gravel v. United States – Issue

Does the Speech and Debate clause protect aides and leaked publication?

Gravel v. United States – Holding

Yes for aides in legislative work; no for outside acts.

McGrain v. Daugherty – Rule

Congress has implied investigatory power to compel testimony.

McGrain v. Daugherty – Issue

Can Congress force testimony in investigations?

McGrain v. Daugherty – Holding

Yes.

Watkins v. United States – Rule

Congressional inquiries must have legislative purpose and respect rights.

Watkins v. United States – Issue

Are investigations unlimited in scope?

Watkins v. United States – Holding

No, limits exist.

Barenblatt v. United States – Rule

Congress may investigate even if it burdens rights, if pursuing valid legislative purpose.

Barenblatt v. United States – Issue

Did HUAC investigation violate First Amendment?

Barenblatt v. United States – Holding

No.

Trump v. Mazars – Rule

Congressional subpoenas for president require heightened scrutiny (balance need vs. burden).

Trump v. Mazars – Issue

Can Congress subpoena president’s financial records?

Trump v. Mazars – Holding

Yes in principle, but remanded with limits.

South Carolina v. Katzenbach – Rule

Congress has broad enforcement power under 15th Amendment.

South Carolina v. Katzenbach – Issue

Could Congress pass strong Voting Rights Act remedies?

South Carolina v. Katzenbach – Holding

Yes.