Exam 2 Review Guide - POLI 450, Constitutional Law

What was the holding in The Prize Cases (1863)?

The Presidential blockade is constitutional because the President possesses the authority to suppress insurrection.

What was the holding in Ex Parte Milligan (1866)?

The Writ of Habeas Corpus is granted because military tribunals have no jurisdiction over citizens while US Courts are open.

What was the holding in Ex Parte Quirin (1942)?

Jurisdiction of military tribunal is constitutional because ______ is an unlawful combatant and a soldier who violated war laws.

What was the holding in Korematsu v. United States?

The relocation of Japanese individuals is constitutional in order to protect US national security.

What was the holding in US v. Curtiss-Wright (1936)?

The delegation of lawmaking authority to the President is constitutional because the President is the sole organ of authority in foreign affairs.

What was the holding in Youngstown v. Sawyer (1952)?

Truman's seizure of the steel mills is unconstitutional because presidential authority in foreign affairs does not extend into the domestic arena.

What was the holding in Hamdi v. Rumsfeld (2004)?

The indefinite detention of a US citizen as an enemy combatant is unconstitutional because the citizen must be afforded an opportunity to challenge the status and detention.

What was the holding in Zivotofsky v. Kerry (2015)?

The Congressional statute declaring Jerusalem part of Israel is unconstitutional because Presidents retain exclusive authority over the recognition of sovereignty.

What is the holding in McCulloch v. Maryland (1819)?

The state statute taxing the national bank is unconstitutional because the bank was chartered under the Necessary and Proper Clause for Congress.

What was the holding in Missouri v. Holland?

The Congressional statute enforcing the Migratory Bird Treaty is constitutional because the Necessary and Proper Clause affirms it and states do not have exclusive control over birds.

What was the holding in Hammer v. Dagenhart?

The Congressional statute regulating child labor is unconstitutional because it violates state police power under the Tenth Amendment.

What was the holding in Gibbons v. Ogden?

The federal permit supersedes state law because Congress possesses authority over interstate commerce and navigation is considered commerce.

What was the holding in US v. EC Knight Co.?

Federal action to prevent monopoly is invalid because manufacturing is not part of interstate commerce.

What was the holding in Stafford v. Wallace?

The Congressional statute regulating the meatpacking industry is constitutional because their stockyards are part of interstate commerce.

What was the holding in Schechter Poultry Co. v. US?

National Industry Recovery Act is declared unconstitutional because Congress cannot delegate lawmaking authority to the Executive.

What was the holding in National League of Cities v. Usery?

Amendment to FLSA is unconstitutional because traditional governmental functions of the states are exclusively governed by the states.

What was the holding in Garcia v. San Antonio Metropolitan Transit Authority?

The Congressional statute and the Labor Department's actions are constitutional. National League of Cities v. Usery is overturned.

What was the holding in New York v. US?

The Congressional statute requiring states to create their own waste disposal facilities is unconstitutional because the federal government cannot compel state legislation.

What was the holding in Chisholm v. Georgia?

The lawsuit commenced by Chisholm allowed to proceed. States are not immune from individual suits.

What was the holding in NLRB v. Jones and Laughlin Steel Co.?

The NLRA is constitutional because manufacturing directly affects the stream of commerce, which Congress can regulate.

What was the holding in US v. Darby Lumber?

The congressional statute is constitutional because congress has the authority to prohibit the shipment of goods across state lines. Hammer v. Dagenhart is overturned.

What was the holding in Wickard v. Filburn?

The congressional statute is constitutional because the overproduction of wheat intended for home use substantially affects interstate commerce.

What was the holding in US v. Lopez?

The Gun-Free School Zone Act is unconstitutional because the mere possession of a gun is not related to interstate commerce.

What was the holding in US v. Morrison?

The Violence Against Women Act is unconstitutional because Congress does not possess the authority to regulate non-economic activities under the Commerce Clause.

What was the holding in Gonzales v. Raich?

The application of the federal statute prohibiting marijuana use is valid and supersedes state law. The consumption of marijuana for medicinal purposes is within the authority of Congress to prohibit.

What was the holding in Champion v. Ames?

The congressional statute banning the interstate sale of lottery tickets is constitutional because commerce includes anything of monetary value and regulation includes the power to prohibit.

What is commerce according to Gibbons?

Before this case, it was believed that it only involved the shipment of goods. This case allowed the Court to make the distinction that it also involved NAVIGATION.

Sugar and EC Knight

This company had a monopoly that focused on refineries. The Court made the distinction that manufacturing was outside of the stream of commerce as it occurred first. Once this item was shipped, it was THEN within the stream. Because each refinery sat within the border of a specific state and THEN the goods were shipped, it did not affect the Commerce Clause.

Cows and the Commerce Clause

Cities like Chicago, Milwaukee, and New Orleans had choke points. The cows were carved into steaks, and the steaks were shipped out. Since stockyard owners held the cows before they were set to the butchers, they price gouged the butchers, hoping to make more money.

The Court got involved, claiming the cows to be IN the stream as they were in transit.

Sick Chicken Case and the Commerce Clause

Manhattan was a focal point for poultry butchers. Congress did not care about the shipment of the chickens. Instead, they cared about the labor conditions. This was relevant, as the case occurred in 1937, the start of the focus on civil liberties in the Court.

What was Jackson's concurrence in Youngstown v. Sawyer?

This outlined specific "zones of authority" in foreign affairs.

1. When the President acts pursuant to congressional authorization, authority is at its maximum. This includes all presidential powers plus congressional powers (President's power in Article II with Congress' power in Article I, President + Congress)

2. When the President acts without congressional grant or denial, he can only rely on his own presidential powers. This is known as the "Zone of Twilight," and he and Congress possess concurrent authority (President + Nothing).

3. When the President acts against the will of Congress. This is when authority it at its lowest (President - Congress).

Truman was at this level.

What power do the states possess that the federal government does not?

police power (THE FEDERAL GOVERNMENT DOES NOT HAVE A POLICE POWER)

What is most important about Garcia v. San Antonio Metro Transit Authority?

National League of Cities v. Usery is EXPLICITLY OVERTURNED.

What makes an incentive constitutional v. unconstitutional?

Imposing fees or surcharges on non-compliant states and returning the money collected to compliant states - Constitutional

Allowing incremental increase of surcharges over time in cooperation with the federal government - Constitutional

"Take Title" Act - Unconstitutional, this is coercion, not an incentive

What are the implications of Chisholm v. Georgia?

Immediately following the Court's decision, Congress passed (and States ratified) the Eleventh Amendment, which bars individual lawsuits in federal courts against the states without their expressed consent.

What was the holding in Heart of Atlanta Hotel v. US?

The Civil Rights Act of 1964 is constitutional because Congress has the authority to prohibit racial discrimination under the Commerce Clause.

What was the holding in Cooley v. Board of Wardens?

State law regulating the use of harbor pilots is constitutional because Congress has chosen not to exercise its authority.

What was the holding in Southern Pacific Railroad Co v. Arizona?

State law regulating the length of trains is unconstitutional because it substantially disrupts the free flow of interstate commerce.

What was the holding in Granholm v. Heald?

State law regulating out of state wine shipments is unconstitutional because it places a discriminatory burden on interstate commerce.

What was the holding in Nat Fed of Ind Business v. Sebelius?

The Affordable Care Act is an unconstitutional exercise of Congressional power under the Commerce Clause. However, the ACA is constitutional through Congress's Tax and Spend authority, provided states have the opinion to not participate.

Who were the Four Horsemen of the Supreme Court?

Butler, van Devanter, McReynolds, and Sutherland

In which case did the "Switch in Time that Saves Nine" occur?

NLRB v. Jones and Laughlin

What was significant about US v. Darby Lumber?

Hammer v. Dagenhart was overturned because Congress possesses the authority to prohibit the shipment of "bad things" across state lines.

What are the three areas of congressional authority over interstate commerce?

Regulating the channels, regulate and protect instrumentalities, and regulate activities that substantially affect interstate commerce

Why does Congress have the authority to regulate lottery tickets?

Congress involves anything with monetary value, including lottery tickets.

Describe regulation

Regulation includes the power to prohibit. This was concluded in Champion v. Ames.

Why did Congress possess the authority to prohibit racial discrimination under the Commerce Clause in Heart of Atlanta?

The Civil Rights statute granted protections because of COMMERCE, not because of equal protection. The Commerce Clause is vital here.

What were the implications of the decision in Cooley v. Board of Wardens?

The ruling in Cooley demonstrates the legal doctrine called the "Dormant Commerce Clause". Though authority may belong to Congress, if it does not act and it remains dormant, the states may pass legislation. "When Congress does not act, states retain authority".

What were the implications of the decision in Nat Fed of Ind Business v. Sibelius?

The ACA is unconstitutional under the Commerce Clause but is constitutional under Congress's Tax and Spend Authority. The only reason that this case has two parts and was partially constitutional was because Justice Roberts switched his vote at the last minute.

Prior to 1937, where do cases fall in terms of the Stream of Commerce?

Before (Manufacturing): Hammer v. Dagenhart and US v. EC Knight CO

In: Stafford v. Wallace

After (Labor): Schechter Poultry Co. v. US

Which case muddies the lines of the Stream of Commerce?

NLRB v. Jones and Laughlin (Switch in Time Saves Nine, Justice Roberts switches his vote)

Why was Chisholm v. Georgia overturned?

The states and federal government ratified the 11th Amendment. This stated that states needed to consent to become part of individual suits against them.

Why was Hammer v. Dagenhart overturned?

The holding in US v. Darby Lumber overturned this case. Darby made it so Congress could prohibit the shipment of "bad things", which was not previously the case in Hammer.

Why was National League of Cities v. Usery overturned?

Garcia v. SAMTA overturned this case. This was because Congress and the Labor Dept were voted to be correct.

What is the biggest difference between the two lottery cases?

Champion v. Ames involved the commerce clause, while Cohens v. VA involved judicial review.

Define Habeas Corpus

A court order, or writ, directed to prison officials to produce the body

What makes a war a "true war" in the eyes of legality?

US Courts are closed

Which case involves the relocation of Japanese individuals?

Korematsu v. US

Which case involves child labor and state police power?

Hammer v. Dagenhart

Which case involves monopoly and manufacturing?

US v. EC Knight

Which case involves the National Industry Recovery Act and is called the "Sick Chicken Case"?

Schechter Poultry Co. v. US

Which case involves the Switch in Time that Saves Nine and muddies the dividing lines in the Stream of Commerce?

NLRB v. Jones and Laughlin

Which case involves prohibiting the shipment of certain goods and overturning Hammer v. Dagenhart?

US v. Darby Lumber

Which case involves the prohibiting of marijuana?

Gonzales v. Raich

Which cases involve a presidential blockade?

The Prize Cases

Which case involves the granting of Habeas Corpus?

Ex Parte Milligan

Which case asserts the jurisdiction of military tribunals?

Ex Parte Quirin

How are the two Ex Parte cases different from each other?

Ex Parte Milligan granted Milligan a writ of habeas corpus as a military tribunal tried him while US Courts were open as a civilian. Ex Parte Quirin was valid because Quirin was an unlawful combatant and a soldier who violated war laws, allowing his trial by military tribunal.

Which case called the President the "sole organ of authority in foreign affairs"?

US v. Curtiss-Wright

Which case involved Truman's seizure of steel mills, limited the President's authority to foreign affairs, and declared the Zones of Authority?

Youngstown v. Sawyer

Which case allowed civilians to challenge their status and detention, even after being labeled an enemy combatant?

Hamdi v. Rumsfeld

Which case prohibited Congress from recognizing sovereignty?

Zivotofsky v. Kerry

Which case involved the National Bank?

McCulloch v. Maryland

Which case involved migratory birds?

Missouri v. Holland

Which case recognized navigation as part of interstate commerce?

Gibbons v. Ogden

Which case involved cattle?

Stafford v. Wallace

Which case involved the traditional governmental actions of states?

National League of Cities v. Usery

Which case overturned National League of Cities v. Usery?

Garcia v. SAMTA

Which case involved waste disposal facilities?

New York v. US

Which case prohibited states' immunity from individual suits?

Chisholm v. Georgia

Which case involved wheat?

Wickard v. Filburn

Which case involved the Gun-Free School Zone Act?

US v. Lopez

Which case involved the Violence Against Women Act?

US v. Morrison

Which case involved lottery tickets and the Commerce Clause?

Champion v. Ames

Which case defined the Zones of Authority in foreign affairs?

Youngstown v. Sawyer (Jackson's concurrence)

Which case involved the Civil Rights Act of 1964 and its implications on the Commerce Clause?

Heart of Atlanta Hotel v. US

Which case involved harbor pilots and the Dormant Commerce Clause?

Cooley v. Board of Wardens

Which case involved the length of train cars?

South Pacific Railroad Co. v. Arizona

Which case involved out of state wine shipments?

Granholm v. Heald

Which case involves two parts due to Justice Roberts switching his vote last minute?

Nat Fed of Ind Business v. Sebelius