Constitutional Law I Final

MacFarlane

Printz v US

congress may not compel state official to participate in the administration of federal programs

NY v US

Congress may not compel states to enact or administer a federal program commandeering their legislative process

Katzenbach

congress may regulate the discriminatory practices of restaurants through the civil rights act if those policies have a substantial effect on interstate commerce

US v Morrison

Congress cannot create a civil remedy for victims of gender-motivated violence under the Commerce Clause.

US v Darby

The Supreme Court held that Congress could regulate labor standards under the Commerce Clause, emphasizing the importance of economic activities affecting interstate commerce.

NLRB v Jones

The Supreme Court affirmed that the National Labor Relations Board could regulate labor relations and practices affecting interstate commerce, reinforcing workers' rights to unionize.

Gibbons v Ogden

If state and federal laws conflict regulating interstate commerce, federal law governs.

MuCulloch v Maryland

The Supreme Court ruled that federal law is supreme over state law, affirming the constitutional principle of implied powers and the ability of Congress to create a national bank.

Luther v Borden

The government to be established in a state is a political question for Congress.

Mootness Exceptions

1. capable of repetition but evading review

2. voluntary cessation

3. named class action plaintiff’s claim is moot

Flast v Cohen

1. must establish a logical link between the third party and the legislative enactment attacked

2. must establish a logical link between the third party and the nature of the constitutional infringement allowed

Allen v Wright

Plaintiff must sufficiently allege that they have personally suffered a distinct injury, and there must be a causal link to the defendant.

Hayburn’s Case

example of advisory opinion, court could only make recommendations that the secretary of war could overrule

Major Questions Doctrine

an agency must not act on a major question of economic or political significance unless there is clear permission from Congress

Categories of Commerce

1. channels

2. instrumentality

3. activities substantially affecting interstate commerce

Gonzales v Raich

Congress can regulate private action when the activity could rationally be seen as having a substantial effect on interstate commerce (weed case)

NFIB v Sebelius

upheld individual mandate under Congress’ power to tax, but overruled medicaid expansion because Congress can not entice states to comply by revoking their funding

US v Lopez

Congress can regulate 3 categories of activities under the CC: 1. channels 2. instrumentalities 3. activities that substantially affect interstate commerce (guns in schools cannot be regulated under the CC)

Heart of Atlanta

Racial discrimination so interferes with interstate commerce that Congress can regulate it through the commerce clause

Wickard v Filburn

Congress can regulate private action when the activity could rationally be seen as having a substantial effect on interstate commerce (wheat case)

Singleton

Doctors were able to establish third party standing

Mass. v EPA

destruction of coastal land was enough to satisfy the injury requirement of standing

Standing Requirements

1. injury

2. causation

3. redressability

Dormant Commerce Clause

principle that state and local laws are unconstitutional if they place an undue burden on interstate commerce

Supremacy Clause

federal laws overrule conflicting state laws

Political Question

federal courts don’t answer questions better left for the political branches

Mootness

the case is too late, the issue has already ended

Ripeness

the case is too early, it is not ready to be decided yet (usually, injury is speculative or has not yet occurred)

Standing

is this the right party and time to bring this case

Prohib. on Advisory Opinions

a legal principle that prohibits courts from issuing opinions on hypothetical or abstract disputes.

Murphy v NCAA

the 10th amendment prohibits Congress from ordering state legislatures to take or not to take action

Youngstown

president may not engage in law-making activity absent an express authorization from congress or the constitution

Executive Privilege

the ability of the president to keep conversations with or memos to or from advisors secret

US v Nixon

claims of privilege asserting only a generalized interest in confidentiality is not sufficient to overcome the judicial interest in producing all relevant evidence in a criminal case

Biden v Nebraska

questions of major political and economic importance must be answered by Congress, if there is no clear agency permission

INS v Chadha

if congress wants to take away a power granted by statute, they must do so through bicameralism not a single House resolution

NLRB v Canning

Pres can avoid advice and consent of the Senate when appointing during a recess

Lorillard v Tobacco

Massachusetts cigarette advertised regulations are preempted by federal cigarette labeling and advertising law

Conflict Preemption

cannot comply with both state and federal laws

Field Preemption

scheme of federal regulation is so persuasive that can infer congress did not want state regulation

Baldwin v Fish and Game Commission of MN

Elk hunting is for recreation and not means of livelihood so discrimination is allowed, out-of-staters are not wholly excluded from hunting

Toomer v Witsell

(SC shrimping statute that imposed diff tax on out-of-staters), No connection between depletion of shrimp supply and out-of-staters, No valid basis for discrimination

United Building v Camden

(municipal ordinance in Camden NJ required construction companies to hire percentage of workers from Camden) Municipal ordinance would not go into effect without state action, Out-of-staters need protection of P & I C to secure privilege of working like Camden workers

Slaughter-House Case

(butchers sue based on LA limitations on right to practice trade. No violation of 13th amendment) No P & I violation, rights inherent to federal citizenship do not encompass all civil rights state might violate, Leaves clause w/out meaning, Due Process and Equal protections restrictively interpreted: not violated by conduct that impacts ability to earn livelihood

TN v Lane

What is the injury? What is the evidence of the injury? (history) applied in 14th amendment issues

City of Boerne

congruence and proportionality between injury to be remedied/prevented (applied in 14th amendment cases)