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Constitutional Law

Chemerinsky
2nd Edition
ISBN: 073554946X
Page Case Name Citation Court Audio
2 Marbury v. Madison 5 U.S. 137 Supreme Court of the United States, 1803 Download
14 United States v. Emerson 270 F.3d 203 United States Court of Appeals for the Fifth Circuit, 2001 Download
19 Silveira v. Lockyer 312 F.3d 1052 United States Court of Appeals for the Ninth Circuit, 2002 Download
25 Ex Parte McCardle 74 U.S. 506 Supreme Court of the United States, 1868 Download
27 United States v. Klein 80 U.S. 128 Supreme Court of the United States, 1871 Download
32 Plaut v. Spendthrift Farm, Inc. 514 U.S. 211 Supreme Court of the United States, 1995 Download
35 Allen v. Wright 468 U.S. 737 Supreme Court of the United States, 1984 Download
42 City of Los Angeles v. Lyons 461 U.S. 95 Supreme Court of the United States, 1983 Download
43 Lujan v. Defenders of Wildlife 504 U.S. 555 Supreme Court of the United States, 1992 Download
50 Singleton v. Wulff 428 U.S. 106 Supreme Court of the United States, 1976 Download
53 Elk Grove Unified School Dist. v. Newdow 124 U.S. 2301 Supreme Court of the United States, 2004 Download
58 United States v. Richardson 418 U.S. 166 Supreme Court of the United States, 1974 Download
61 Flast v. Cohen 392 U.S. 83 Supreme Court of the United States, 1968 Download
64 Valley Forge Christian College v. Americans United for Separation of Church and State, Inc. 454 U.S. 464 Supreme Court of the United States, 1982 Download
69 Poe v. Ullman 367 U.S. 497 Supreme Court of the United States, 1961 Download
70 Abbott Laboratories v. Gardner 387 U.S. 136 Supreme Court of the United States, 1967 Download
74 Friends of the Earth, Inc. v. Laidlaw Environmental Services 528 U.S. 167 Supreme Court of the United States, 2000 Download
76 United States Parole Commn. v. Geraghty 445 U.S. 388 Supreme Court of the United States, 1980 Download
78 Baker v. Carr 369 U.S. 186 Supreme Court of the United States, 1962 Download
81 Vieth v. Jubelirer 541 U.S. 267 Supreme Court of the United States, 2004 Download
90 Powell v. McCormack 395 U.S. 486 Supreme Court of the United States, 1969 Download
92 Goldwater v. Carter 444 U.S. 996 Supreme Court of the United States, 1979 Download
95 Nixon v. United States 506 U.S. 224 Supreme Court of the United States, 1993 Download
101 McCulloch v. Maryland 17 U.S. 316 Supreme Court of the United States, 1819 Download
113 Gibbons v. Ogden 22 U.S. 1 Supreme Court of the United States, 1824 Download
117 United States v. E.C. Knight Co. 156 U.S. 1 Supreme Court of the United States, 1895 Download
118 Carter v. Carter Coal Co. 298 U.S. 238 Supreme Court of the United States, 1936 Download
120 Houston, East & West Texas Railway Co. v. United States 234 U.S. 342 Supreme Court of the United States, 1914 Download
122 A.L.A. Schechter Poultry Corp. v. United States 295 U.S. 495 Supreme Court of the United States, 1935 Download
125 Hammer v. Dagenhart 247 U.S. 251 Supreme Court of the United States, 1918 Download
128 Champion v. Ames (The Lottery Case) 188 U.S. 321 Supreme Court of the United States, 1903 Download
131 NLRB v. Jones & Laughlin Steel Corp. 301 U.S. 1 Supreme Court of the United States, 1937 Download
134 United States v. Darby 312 U.S. 100 Supreme Court of the United States, 1941 Download
136 Wickard v. Filburn 317 U.S. 111 Supreme Court of the United States, 1942 Download
139 Heart of Atlanta Motel, Inc. v. United States 379 U.S. 241 Supreme Court of the United States, 1964 Download
141 Katzenbach v. McClung 379 U.S. 294 Supreme Court of the United States, 1964 Download
145 National League of Cities v. Usery 426 U.S. 833 Supreme Court of the United States, 1976 Download
148 Garcia v. San Antonio Metropolitan Transit Authority 469 U.S. 528 Supreme Court of the United States, 1985 Download
153 United States v. Lopez 514 U.S. 549 Supreme Court of the United States, 1995
170 Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers 531 U.S. 159 Supreme Court of the United States, 2001
175 Pierce County, Washington v. Guillen 123 U.S. 720 Supreme Court of the United States, 2003 Download
177 New York v. United States 505 U.S. 144 Supreme Court of the United States, 1992
186 Printz v. United States 521 U.S. 898 Supreme Court of the United States, 1997 Download
195 Reno v. Condon 528 U.S. 141 The Supreme Court of the United States, 2000 Download
198 United States v. Butler 297 U.S. 1 Supreme Court of the United States, 1936
201 Sabri v. United States 541 U.S. 600 Supreme Court of the United States, 2004 Download
204 South Dakota v. Dole 483 U.S. 203 Supreme Court of the United States, 1987 Download
209 United States v. Morrison 529 U.S. 598 Supreme Court of the United States, 2000 Download
212 Katzenbach v. Morgan 384 U.S. 641 Supreme Court of the United States, 1966 Download
216 City of Boerne v. Flores 521 U.S. 507 Supreme Court of the United States, 1997
224 Fitzpatrick v. Bitzer 427 U.S. 445 Supreme Court of the United States, 1976 Download
226 Seminole Tribe of Florida v. Florida 517 U.S. 44 Supreme Court of the United States, 1996 Download
231 Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank and United States 527 U.S. 627 Supreme Court of the United States, 1999
235 Kimel v. Florida Board of Regents 120 S. Ct. 631 Supreme Court of the United States, 2000
239 Board of Trustees, University of Alabama v. Garrett 531 U.S. 356 Supreme Court of the United States, 2001
246 Nevada Department of Human Resources v. Hibbs 538 U.S. 721 Supreme Court of the United States, 2003
251 Tennessee v. Lane 541 U.S. 509 Supreme Court of the United States, 2004
258 Alden v. Maine 527 U.S. 706 Supreme Court of the United States, 1999
272 Youngstown Sheet & Tube Co. v. Sawyer 343 U.S. 579 Supreme Court of the United States, 1952 Download
282 United States v. Richard M. Nixon, President of the United States 418 U.S. 683 Supreme Court of the United States, 1974 Download
288 William J. Clinton, President of the United States v. City of New York 524 U.S. 417 Supreme Court of the United States, 1998 Download
294 Panama Refining Co. v. Ryan 293 U.S. 388 Supreme Court of the United States, 1935 Download
296 Whitman v. American Trucking Assn., Inc. 531 U.S. 457 Supreme Court of the United States, 2001
299 Immigration and Naturalization Service v. Jagdish Rai Chadha 462 U.S. 919 Supreme Court of the United States, 1983
307 Alexia Morrison, Independent Counsel v. Theodore B. Olson 487 U.S. 654 Supreme Court of the United States, 1988
313 Myers v. United States 272 U.S. 52 Supreme Court of the United States, 1926 Download
314 Humphrey's Executor v. United States 295 U.S. 602 Supreme Court of the United States, 1935 Download
315 Wiener v. United States 357 U.S. 349 Supreme Court of the United States, 1958 Download
317 Bowsher v. Synar 478 U.S. 714 Supreme Court of the United States, 1986 Download
321 United States v. Curtiss-Wright Export Corp. 299 U.S. 304 Supreme Court of the United States, 1936 Download
325 Dames & Moore v. Regan, Secretary of the Treasury 453 U.S. 654 Supreme Court of the United States, 1981 Download
332 Hamdi v. Rumsfeld 542 U.S. 507 Supreme Court of the United States, 2004 Download
347 Ex Parte Quirin 317 U.S. 1 Supreme Court of the United States, 1942
354 Richard Nixon v. A. Ernest Fitzgerald 457 U.S. 731 Supreme Court of the United States, 1982 Download
357 William Jefferson Clinton v. Paula Corbin Jones 520 U.S. 681 Supreme Court of the United States, 1997 Download
368 Lorillard Tobacco Co. v. Reilly 533 U.S. 525 Supreme Court of the United States, 2001
374 Florida Lime & Avocado Growers, Inc. v. Paul, Director Dept. of Agriculture of California 373 U.S. 132 Supreme Court of the United States, 1963 Download
375 Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development Commn. 461 U.S. 190 Supreme Court of the United States, 1983
379 Hines, Secretary of Labor and Industry of Pennsylvania v. Davidowitz 312 U.S. 52 Supreme Court of the United States, 1941
382 H.P. Hood & Sons, Inc. v. Du Mond, Commissioner of Agriculture and Markets of New York 336 U.S. 529 Supreme Court of the United States, 1939 Download
388 Aaron B. Cooley v. The Board of Wardens of the Port of Philadelphia 53 U.S. 299 Supreme Court of the United States, 1851 Download
390 South Carolina State Highway Dept. v. Barnwell Brothers, Inc. 303 U.S. 177 Supreme Court of the United States, 1938 Download
391 Southern Pacific Co. v. Arizona Ex Rel. Sullivan, Attorney General 325 U.S. 761 Supreme Court of the United States, 1945 Download
395 City of Philadelphia v. New Jersey 437 U.S. 617 Supreme Court of the United States, 1978 Download
397 C & A Carbone, Inc. v. Town of Clarkstown, New York 511 U.S. 383 Supreme Court of the United States, 1994
401 Hughes v. Oklahoma 441 U.S. 322 Supreme Court of the United States, 1979 Download
402 Hunt, Governor of the State of North Carolina v. Washington State Apple Advertising Comm'n 432 U.S. 333 Supreme Court of the United States, 1977 Download
404 Exxon Corp. v. Governor of Maryland 437 U.S. 117 Supreme Court of the United States, 1978
407 West Lynn Creamery, Inc. v. Healy, Commissioner of Massachusetts Dept. of Food and Agriculture 512 U.S. 186 Supreme Court of the United States, 1994 Download
409 State of Minnesota v. Clover Leaf Creamery Co. 449 U.S. 456 Supreme Court of the United States, 1981 Download
411 Dean Milk Co. v. City of Madison, Wisconsin 340 U.S. 349 Supreme Court of the United States, 1951 Download
412 Maine v. Taylor and United States 477 U.S. 131 Supreme Court of the United States, 1986 Download
415 Loren J. Pike v. Bruce Church, Inc. 397 U.S. 137 Supreme Court of the United States, 1970 Download
416 Bibb, Director, Dept. of Public Safety of Illinois v. Navajo Freight Lines, Inc. 359 U.S. 520 Supreme Court of the United States, 1959 Download
418 Raymond Kassel v. Consolidated Freightways Corp. of Delaware 455 U.S. 329 Supreme Court of the United States, 1981 Download
421 CTS Corp. v. Dynamics Corp. of America 481 U.S. 69 Supreme Court of the United States, 1987 Download
424 Western & Southern Life Insurance Co. v. State Board of Equalization of California 451 U.S. 648 Supreme Court of the United States, 1981 Download
426 Reeves, Inc. v. William Stake 447 U.S. 429 Supreme Court of the United States, 1980 Download
429 South-Central Timber Development, Inc. v. Commissioner, Dept. of Natural Resources of Alaska 467 U.S. 82 Supreme Court of the United States, 1984 Download
435 Toomer v. Witsell 334 U.S. 385 Supreme Court of the United States, 1948 Download
436 United Building and Construction Trades Council of Camden County v. Mayor and Council of the City of Camden 465 U.S. 208 Supreme Court of the United States, 1984 Download
438 Lester Baldwin v. Fish and Game Commn. of Montana 436 U.S. 371 Supreme Court of the United States, 1978 Download
439 Supreme Court of New Hampshire v. Kathryn A. Piper 470 U.S. 274 Supreme Court of the United States, 1985
447 Barron v. Mayor and City Council of Baltimore 32 U.S. 243 Supreme Court of the United States, 1833 Download
449 Slaughter-House Cases 83 U.S. 36 Supreme Court of the United States, 1873 Download
456 Saenz v. Roe 526 U.S. 489 Supreme Court of the United States, 1999 Download
458 Twining v. New Jersey 211 U.S. 78 Supreme Court of the United States, 1908 Download
461 Adamson v. California 332 U.S. 46 Supreme Court of the United States, 1947 Download
469 United States v. Stanley 109 U.S. 3 Supreme Court of the United States, 1883 Download
474 Marsh v. Alabama 326 U.S. 501 Supreme Court of the United States, 1946 Download
476 Jackson v. Metropolitan Edison Co. 419 U.S. 345 Supreme Court of the United States, 1974 Download
479 Terry v. Adams 345 U.S. 461 Supreme Court of the United States, 1953 Download
480 Evans v. Newton 382 U.S. 296 Supreme Court of the United States, 1966 Download
482 Amalgamated Food Employees Union Local, 590 v. Logan Valley Plaza, Inc. 391 U.S. 308 Supreme Court of the United States, 1968 Download
484 Lloyd Corp. v. Tanner 407 U.S. 551 Supreme Court of the United States, 1972 Download
485 Hudgens v. National Labor Relations Board 424 U.S. 507 Supreme Court of the United States, 1976 Download
487 Shelley v. Kraemer 334 U.S. 1 Supreme Court of the United States, 1948 Download
490 Lugar v. Edmondson Oil Co. 457 U.S. 922 Supreme Court of the United States, 1982 Download
493 Edmonson v. Leesville Concrete Co. 500 U.S. 614 Supreme Court of the United States, 1991 Download
495 Burton v. Wilmington Parking Authority 365 U.S. 715 Supreme Court of the United States, 1961 Download
497 Moose Lodge No. 107 v. Irvis 407 U.S. 163 Supreme Court of the United States, 1972 Download
499 Norwood v. Harrison 413 U.S. 455 Supreme Court of the United States, 1973 Download
501 Rendell-Baker v. Kohn 457 U.S. 830 Supreme Court of the United States, 1982
504 Blum v. Yaretsky 457 U.S. 991 Supreme Court of the United States, 1982
508 Reitman v. Mulkey 387 U.S. 369 Supreme Court of the United States, 1967
512 Brentwood Academy v. Tennessee Secondary School Athletic Association 531 U.S. 288 Supreme Court of the United States, 2001
524 Allgeyer v. Louisiana 165 U.S. 578 Supreme Court of the United States, 1897 Download
526 Lochner v. New York 198 U.S. 45 Supreme Court of the United States, 1905 Download
531 Coppage v. Kansas 236 U.S. 1 Supreme Court of the United States, 1915 Download
534 Muller v. Oregon 208 U.S. 412 Supreme Court of the United States, 1908 Download
536 Adkins v. Children's Hospital 261 U.S. 525 Supreme Court of the United States, 1923 Download
537 Weaver v. Palmer Bros. Co. 270 U.S. 402 Supreme Court of the United States, 1926 Download
539 Nebbia v. New York 291 U.S. 502 Supreme Court of the United States, 1934 Download
541 West Coast Hotel v. Parrish 300 U.S. 379 Supreme Court of the United States, 1937 Download
543 United States v. Carolene Products Co. 304 U.S. 144 Supreme Court of the United States, 1938 Download
545 Williamson v. Lee Optical of Oklahoma, Inc. 348 U.S. 483 Supreme Court of the United States, 1955 Download
547 BMW of North America, Inc. v. Gore 517 U.S. 559 Supreme Court of the United States, 1996
551 State Farm Mutual Automobile Insurance Co. v. Campbell 123 U.S. 1513 Supreme Court of the United States, 2003
559 Home Building & Loan Assn. v. Blaisdell 290 U.S. 398 Supreme Court of the United States, 1934
562 Energy Reserves Group, Inc. v. Kansas Power & Light Co. 459 U.S. 400 Supreme Court of the United States, 1983 Download
565 Allied Structural Steel Co. v. Spannaus 438 U.S. 234 Supreme Court of the United States, 1978
569 United States Trust Co. v. New Jersey 431 U.S. 1 Supreme Court of the United States, 1977
580 Miller v. Schoene 276 U.S. 272 Supreme Court of the United States, 1928 Download
610 Hawaii Housing Authority v. Midkiff 467 U.S. 229 Supreme Court of the United States, 1984 Download
613 Brown v. Legal Foundation of Washington 538 U.S. 216 Supreme Court of the United States, 2003
625 Romer v. Evans 517 U.S. 620 Supreme Court of the United States, 1996 Download
630 United States Railroad Retirement Board v. Fritz 449 U.S. 166 Supreme Court of the United States, 1980
634 Railway Express Agency, Inc. v. New York 336 U.S. 106 Supreme Court of the United States, 1949 Download
637 New York City Transit Authority v. Beazer 440 U.S. 568 Supreme Court of the United States, 1979 Download
640 U.S. Dept. of Agriculture v. Moreno 413 U.S. 528 Supreme Court of the United States, 1973 Download
643 City of Cleburne, Texas v. Cleburne Living Center, Inc. 473 U.S. 432 Supreme Court of the United States, 1985 Download
649 Dred Scott v. Sandford 60 U.S. 393 Supreme Court of the United States, 1856 Download
654 Korematsu v. United States 323 U.S. 214 Supreme Court of the United States, 1944 Download
659 Loving v. Virginia 388 U.S. 1 Supreme Court of the United States, 1967 Download
661 Palmore v. Sidoti 466 U.S. 429 Supreme Court of the United States, 1984 Download
663 Plessy v. Ferguson 163 U.S. 537 Supreme Court of the United States, 1896 Download
667 Brown v. Board of Education (Brown I) 347 U.S. 483 Supreme Court of the United States, 1954 Download
671 Washington v. Davis 426 U.S. 229 Supreme Court of the United States, 1976
680 City of Mobile v. Bolden 446 U.S. 55 Supreme Court of the United States, 1980
684 Palmer v. Thompson 403 U.S. 217 Supreme Court of the United States, 1971 Download
686 Personnel Administrator of Massachusetts v. Feeney 442 U.S. 256 Supreme Court of the United States, 1979 Download
688 Village of Arlington Heights v. Metropolitan Housing Development Corp. 429 U.S. 252 Supreme Court of the United States, 1977 Download
692 Brown v. Board of Education (Brown II) 349 U.S. 294 Supreme Court of the United States, 1955 Download
697 Swann v. Charlotte-Mecklenburg Board of Education 402 U.S. 1 Supreme Court of the United States, 1971
700 Milliken v. Bradley 418 U.S. 717 Supreme Court of the United States, 1974 Download
703 Board of Education of Oklahoma City Public Schools v. Dowell 498 U.S. 237 Supreme Court of the United States, 1991
708 Richmond v. J.A. Croson Co. 488 U.S. 469 Supreme Court of the United States, 1989
716 Adarand Constructors, Inc. v. Pena 515 U.S. 200 Supreme Court of the United States, 1995 Download
722 Grutter v. Bollinger 539 U.S. 306 Supreme Court of the United States, 2003
740 Gratz v. Bollinger 539 U.S. 244 Supreme Court of the United States, 2003 Download
748 Easley v. Cromartie 532 U.S. 234 Supreme Court of the United States, 2001
755 Frontiero v. Richardson 411 U.S. 677 Supreme Court of the United States, 1973 Download
758 Craig v. Boren 429 U.S. 190 Supreme Court of the United States, 1976 Download
761 United States v. Virginia 518 U.S. 515 Supreme Court of the United States, 1996 Download
766 Geduldig v. Aiello 417 U.S. 484 Supreme Court of the United States, 1974 Download
769 Orr v. Orr 440 U.S. 268 Supreme Court of the United States, 1979 Download
771 Mississippi University for Women v. Hogan 458 U.S. 718 Supreme Court of the United States, 1982
774 Michael M. v. Superior Court of Sonoma County 450 U.S. 464 Supreme Court of the United States, 1981
777 Rostker v. Goldberg 453 U.S. 57 Supreme Court of the United States, 1981
780 Califano v. Webster 430 U.S. 313 Supreme Court of the United States, 1977 Download
782 Nguyen v. Immigration and Naturalization Service 533 U.S. 53 Supreme Court of the United States, 2001
790 Graham v. Richardson 403 U.S. 365 Supreme Court of the United States, 1971 Download
792 Foley v. Connelie 435 U.S. 291 Supreme Court of the United States, 1978
795 Ambach v. Norwick 441 U.S. 68 Supreme Court of the United States, 1979 Download
799 Plyler v. Doe 457 U.S. 202 Supreme Court of the United States, 1982
807 Massachusetts Board of Retirement v. Murgia 427 U.S. 307 Supreme Court of the United States, 1976
822 Zablocki v. Redhail 434 U.S. 374 Supreme Court of the United States, 1978 Download
827 Stanley v. Illinois 405 U.S. 645 Supreme Court of the United States, 1972 Download
829 Michael H. v. Gerald D. 491 U.S. 110 Supreme Court of the United States, 1989
835 Moore v. City of East Cleveland, Ohio 431 U.S. 494 Supreme Court of the United States, 1977 Download
839 Meyer v. Nebraska 262 U.S. 390 Supreme Court of the United States, 1923 Download
842 Troxel v. Granville 530 U.S. 57 Supreme Court of the United States, 2000 Download
848 Buck v. Bell 274 U.S. 200 Supreme Court of the United States, 1927 Download
849 Skinner v. Oklahoma 316 U.S. 535 Supreme Court of the United States, 1942 Download
856 Eisenstadt v. Baird 405 U.S. 438 Supreme Court of the United States, 1972 Download
859 Roe v. Wade 410 U.S. 113 Supreme Court of the United States, 1973 Download
867 Planned Parenthood v. Casey 505 U.S. 833 Supreme Court of the United States, 1992
901 Bellotti v. Baird 443 U.S. 622 Supreme Court of the United States, 1979
948 Ball v. James 451 U.S. 355 Supreme Court of the United States, 1981
985 Boddie v. Connecticut 401 U.S. 371 Supreme Court of the United States, 1971
995 Bounds v. Smith 430 U.S. 817 Supreme Court of the United States, 1977 Download
1021 Board of Regents v. Roth 408 U.S. 564 Supreme Court of the United States, 1972 Download
1058 Boos v. Barry 485 U.S. 312 Supreme Court of the United States, 1988
1090 Board of Airport Commissioners of the City of Los Angeles v. Jews for Jesus, Inc. 482 U.S. 569 Supreme Court of the United States, 1987 Download
1109 Alexander v. United States 509 U.S. 544 Supreme Court of the United States, 1993
1112 Lovell v. City of Griffin, GA 303 U.S. 444 Supreme Court of the United States, 1938 Download
1156 Abrams v. United States 250 U.S. 616 Supreme Court of the United States, 1919
1216 Ashcroft v. The Free Speech Coalition 535 U.S. 234 Supreme Court of the United States, 2002
1245 Ashcroft v. American Civil Liberties Union 124 S.Ct. 2783 Supreme Court of the United States, 2004 Download
1258 Bolger v. Youngs Drug Products Corp. 463 U.S. 60 Supreme Court of the United States, 1983 Download
1306 Bartnicki v. Vopper 532 U.S. 514 Supreme Court of the United States, 2001
1325 Buckley v. Valeo 424 U.S. 1 Supreme Court of the United States, 1976 Download
1343 Hague v. Committee for Industrial Organization 307 U.S. 496 Supreme Court of the United States, 1939
Case Information Fact Summary Rule of Law
Marbury v. Madison
Supreme Court of the United States, 1803
5 U.S. 137
Pg. 2
An 1801 Congressional Act (Organic Act) created 42 new federal judgeships called "Justices of the Peace." President Adams appointed several Federalists to these new positions. After the appointees were approved by the Senate, Adams signed the commissions, but the commission was not delivered to William Marbury before President Jefferson entered office. Jefferson's Secretary of State, Madison, refused to deliver Marbury's commission. Marbury sued Madison on a writ of mandamus claim, claiming the Judiciary Act of 1789 - which stated that the U.S. Supreme Court had the authority to issue a writ of mandamus - gave the Court the power to issue the writ and compel Marbury to deliver the commission. If the Supreme Court identifies a conflict between a Constitutional provision and a Congressional statute, the Court has the authority to declare the statute unconstitutional and to refuse to enforce it. The Constitution is supreme and the Supreme Court has the right to be the final interpreter of it, NOT the legislature.
United States v. Emerson
United States Court of Appeals for the Fifth Circuit, 2001
270 F.3d 203
Pg. 14
Dr. Timothy Joe Emerson was indicted under a section of the U.S. Code that prohibited any person subject to a restraining order in a domestic violence case from possessing any firearm which was shipped or transported in interstate or foreign commerce. We hold, consistent with Miller, that the Second Amendment protects the right of individuals, including those not then actually a member of any militia or engaged in active military service or training, to privately possess and bear their own firearms, such as the pistol involved here, that are suitable as personal, individual weapons.
Silveira v. Lockyer
United States Court of Appeals for the Ninth Circuit, 2002
312 F.3d 1052
Pg. 19
The State of California enacted amendments to its gun control laws that significantly strengthened the state's restrictions on the possession, use, and transfer of the semi-automatic weapons popularly known as "assault weapons." The court reaffirmed its conclusion in Hickman v. Block, that it is the collective rights model which provides the best interpretation of the Second Amendment and held that the Second Amendment imposes no limitation on California's ability to enact legislation regulating or prohibiting the possession or use of firearms, including dangerous weapons such as assault weapons.
Ex Parte McCardle
Supreme Court of the United States, 1868
74 U.S. 506
Pg. 25
McCardle was arrested for writing a series of newspaper articles that were highly critical of Reconstruction and military rule in the South following the Civil War. The question of jurisdiction was determined by the Court. The act of 1868 does not except from that jurisdiction any cases by appeals from Circuit Courts under the act of 1867. It does not affect the jurisdiction which was previously excercised.
United States v. Klein
Supreme Court of the United States, 1871
80 U.S. 128
Pg. 27
In 1863, Congress adopted a statute providing that individuals whose property was seized during the Civil War could recover the property, or compensation for it, upon proof that they had not offered aid or comfort to the enemy during the war. The Supreme Court held that a presidential pardon fulfilled this requirement. In response, Congress adopted a statute providing that a presidential pardon was not evidence in a claim for return of seized property. The Court held that Congress inadvertantly passed the limit which separates the legislative from the judicial power, and that these powers ought to be kept distinct.
Plaut v. Spendthrift Farm, Inc.
Supreme Court of the United States, 1995
514 U.S. 211
Pg. 32
In 1991, the Court ruled that actions brought under the securities laws had to be brought within one year of discovering the facts giving rise to the violation and three years of the violation. Congress then amended the law to allow cases that were filed before this decision to go forward if they could have been brought under the prior law. Section 27A(b) contravenes the Constitution's separation of powers to the extent that it requires federal courts to reopen final judgments entered before its enactment.
Allen v. Wright
Supreme Court of the United States, 1984
468 U.S. 737
Pg. 35
Parents of black public school children allege in this nationwide class action that the Internal Revenue Service (IRS) has not adopted sufficient standards and procedures to fulfill its obligation to deny tax-exempt status to racially discriminatory private schools. They assert that the IRS thereby harms them directly and interferes with the ability of their children to receive an education in desegregated public schools. The issue before us is whether plaintiffs have standing to bring this suit. The "case or controversy" requirement of Art. III of the Constitution defines with respect to the Judicial Branch the idea of separation of powers on which the Federal Government is founded, and the Art. III doctrine of "standing" has a core constitutional component that a plaintiff must allege personal injury fairly traceable to the defendant's allegedly unlawful conduct and likely to be redressed by the requested relief. The concepts of standing doctrine present questions that must be answered by reference to the Art. III notion that federal courts may exercise power only in the last resort and as a necessity, and only when adjudication is consistent with a system of separated powers and the dispute is one traditionally thought to be capable of resolution through the judicial process.
City of Los Angeles v. Lyons
Supreme Court of the United States, 1983
461 U.S. 95
Pg. 42
Adolph Lyons filed a complaint alleging that four police officers, without provocation or justification, seized him and applied a chokehold rendering him unconscious and causing damage to his larynx. The case is not rendered moot even though while it was pending in this Court, city police authorities prohibited use of a certain type of chokehold in any circumstances and imposed a 6-month moratorium on the use of another type of chokehold except under circumstances where deadly force was authorized. The moratorium by its terms was not permanent, and thus intervening events have not irrevocably eradicated the effects of the alleged misconduct.
Lujan v. Defenders of Wildlife
Supreme Court of the United States, 1992
504 U.S. 555
Pg. 43
The Department of the Interior sought to challenge regulations concerning when the federal government could comply with the Endangered Species Act. Under the regulations, the federal government would comply with the Act only for actions taken in the United States or the high seas. The Court held that respondents lacked standing to bring this action and that the Court of Appeals erred in denying the summary judgment motion filed by the United States.
Singleton v. Wulff
Supreme Court of the United States, 1976
428 U.S. 106
Pg. 50
This case involves a claim of State's unconstitutional interference with the decision to terminate pregnancy. A Missouri statute excludes abortions that are not "medically indicated" from the purposes for which Medicaid benefits are available to needy persons. The case concerns whether physicians who perform nonmedically indicated abortions, have standing to maintain the suit. The Court concluded that it is generally appropriate to allow a physician to assert the rights of women patients as against governmental interference with the abortion decision.
Elk Grove Unified School Dist. v. Newdow
Supreme Court of the United States, 2004
124 U.S. 2301
Pg. 53
Petitioner school district requires each elementary school class to recite daily the Pledge of Allegiance. Respondent Newdow's daughter participates in this exercise. Newdow, an atheist, filed suit alleging that, because the Pledge contains the words "under God," it constitutes religious indoctrination of his child in violation of the Establishment and Free Exercise Clauses. Because California law deprives Newdow of the right to sue as next friend, he lacks prudential standing to challenge the school district's policy in federal court. The standing requirement derives from the constitutional and prudential limits to the powers of an unelected, unrepresentative judiciary.
United States v. Richardson
Supreme Court of the United States, 1974
418 U.S. 166
Pg. 58
The Court granted certiorari to determine whether the respondent has standing to bring an action as a federal taxpayer alleging that certain provisions concerning public reporting of expenditures under the CIA Act of 1949 violate the Constitution. The acceptance of new categories of judicially cognizable injury has not eliminated the basic principle that to invoke judicial power the claimant must have a "personal stake in the outcome," in short, something more than "generalized grievances. Thus, the Court held that the plaintiff lacked standing to bring this suit.
Flast v. Cohen
Supreme Court of the United States, 1968
392 U.S. 83
Pg. 61
The Court upheld a taxpayer's standing to challenge federal subsidies to parochial schools as violating the First Amendment's prohibition against the establishment of religion. Under the Elementary and Secondary Education Act of 1965, the federal government provided funds for instruction in secular subjects in parochial schools. The Court held that the ability of the plaintiff to sue as a taxpayer depends on whether (1) there is a logical nexus between the status asserted and the claim sought to be adjudicated and whether (2) the taxpayer has established a logical nexus between the status and the precise nature of the Constitutional infringement alleged.
Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.
Supreme Court of the United States, 1982
454 U.S. 464
Pg. 64
The Department of Health, Education, and Welfare conveyed a 77-acre tract of land to Valley Forge Christian College. Americans United for Separation of Church and State brought suit to challenge the conveyance as unconstitutional under the First Amendment Establishment Clause. Respondents do not have standing, either in their capacity as taxpayers or as citizens, to challenge the conveyance in question.
Poe v. Ullman
Supreme Court of the United States, 1961
367 U.S. 497
Pg. 69
These appeals challenge the constitutionality of Connecticut statutes that prohibit the use of contraceptive devices. The Court held that the controversy in question did not raise a justiciable question, and therefore declined to adjudicate on the constitutionality of the Connecticut statutes.
Abbott Laboratories v. Gardner
Supreme Court of the United States, 1967
387 U.S. 136
Pg. 70
In 1962, Congress amended the Federal Food, Drug, and Cosmetic Act to require manufactures of prescription drugs to print the "established name" of the drug prominently on labels. The underlying purpose of the amendment was to bring to the attention of doctors and patients the fact that many of the drugs sold under familiar trade names are actually identical to drugs sold under their "established" or less familiar trade names at significantly lower prices. The Court held that this case presented a controversy ripe for resolution and remanded it to the lower courts for further adjudication.
Friends of the Earth, Inc. v. Laidlaw Environmental Services
Supreme Court of the United States, 2000
528 U.S. 167
Pg. 74
Environmental groups brought a lawsuit pursuant to a citizen suit provision of the Clean Water Act against the holder of a National Pollutant Discharge Elimination System permit, alleging that it was violating mercury discharge limits. The plaintiffs sought declaratory and injunctive relief. A case might become moot if subsequent events made it absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur. The heavy burden of persuading the court that the challenged conduct cannot reasonably be expected to start up again lies with the party asserting mootness.
United States Parole Commn. v. Geraghty
Supreme Court of the United States, 1980
445 U.S. 388
Pg. 76
A federal prisoner, after twice being denied parole from a federal prison, brought suit challenging the validity of the United States Parole Commission's Parole Release Guidelines. The District Court denied respondent's request for certification of the suit as a class action on behalf of "all federal prisoners who are or who will become eligible for release on parole. An action brought on behalf of a class does not become moot upon expiration of the named plaintiff's substantive claim, even though class certification has been denied, since the proposed representative of the class retains a "personal stake" in obtaining class certification sufficient to assure that Art. III values are not undermined.
Baker v. Carr
Supreme Court of the United States, 1962
369 U.S. 186
Pg. 78
Tennessee did not reapportion its voting districts for 60 years, resulting in distorted representation, putatively in violation of the US Constitution's guarantee of a "republican form of government to the states. Political rights can be litigated; they do not per se represented nonjusticiable political questions. For example, a challenge to a state's failure to reapportion voting districts is justiciable.
Vieth v. Jubelirer
Supreme Court of the United States, 2004
541 U.S. 267
Pg. 81
Plaintiffs, registered democrats who vote in Pennsylvania, brought suit seeking to enjoin implementation of Act 1, a redistricting plan passed by republicans. Political gerrymandering claims are nonjusticiable because no judicially discernible and manageable standards for adjudicating such claims exist.
Powell v. McCormack
Supreme Court of the United States, 1969
395 U.S. 486
Pg. 90
A congressman (Powell) was "excluded" from taking his seat in Congress for misconduct by a simple majority. Though the power of "expulsion" has been clearly committed to a coordinate branch (Congress), "exclusion" has not. Since Congress required only a simple majority to "exclude" Powell, the question is justiciable.
Goldwater v. Carter
Supreme Court of the United States, 1979
444 U.S. 996
Pg. 92
President Carter rescinded the United State's treaty with Taiwan as part of recognizing the People's Republic of China. Senator Barry Goldwater brought a constitutional challenge arguing that the Senate must rescind a treaty, just as the Senate must ratify the making of a treaty. The issue presented in this action is a political question and therefore nonjusticiable.
Nixon v. United States
Supreme Court of the United States, 1993
506 U.S. 224
Pg. 95
Walter Nixon asked the Court to decide wether Senate Rule XI, which allows a committee of Senators to hear evidence against an individual who has been impeached and to report that evidence to the full Senate, violates the Impeachment Trial Clause. Nixon was convicted by a jury for making false statements before a federal grand jury. Nixon's claim that Senate Rule XI violates the Impeachment Trial Clause is nonjusticiable.
McCulloch v. Maryland
Supreme Court of the United States, 1819
17 U.S. 316
Pg. 101
In an attempt to raise revenue, Congress created the Second Bank of the United States. Maryland responded by enacting a law that taxed any bank not chartered by the state. The Court held that the Constitution grants Congress implied powers to be used in implementing the express enumerated powers and that state action may not impede a valid constitutional exercise of power by the Federal government.
Gibbons v. Ogden
Supreme Court of the United States, 1824
22 U.S. 1
Pg. 113
Defendant had a New York granted monopoly on steamboat operations between New York and New Jersey. Plaintiff began operating like routes, under a license based on a federal Congressional statute. Defendant got a New York injunction forcing plaintiff to stop. Congress may regulate commerce that has INTERSTATE effects even if the commerce occurs within one state. So, in this case, Congress has the exclusive power, pursuant to the commerce clause, to regulate navigation between the waters of two states.
United States v. E.C. Knight Co.
Supreme Court of the United States, 1895
156 U.S. 1
Pg. 117
The American Sugar Refining Company acquired nearly complete control of the manufacture of refined sugar within the United States. It was charged that this aquisition constituted a combination in restraint of trade and commerce. The power of Congress to regulate commerce may operate to suppress monopoly whenever it comes within the rules by which commerce is governed, or whenever the transaction is itself a monopoly of commerce.
Carter v. Carter Coal Co.
Supreme Court of the United States, 1936
298 U.S. 238
Pg. 118
This case challenged the constitutional validity of the Bituminous Coal Conservation Act of 1935. The Act, among other things, levied a tax on the production of coal in an effort to conserve it as a national resource. The Court held that the relations of employer and employee in this case are of local concern and only have a secondary or indirect relationship upon commerce. Therefore, the evils at issue are local evils, which the federal government has no legislative control over.
Houston, East & West Texas Railway Co. v. United States
Supreme Court of the United States, 1914
234 U.S. 342
Pg. 120
The Interstate Commerce Commission found that the interstate class rates out of Shreveport to named Texas points were unreasonable, and it established maximum class rates for this traffic. The objection is that this correction was beyond the Comission's power, because the rates should have been maintained under state authority. Wherever the interstate and intrastate transactions of carriers are so related that the government of the one involves the control of the other, it is the Congress, and not the state, that is entitled to prescribe the final and dominant rule.
A.L.A. Schechter Poultry Corp. v. United States
Supreme Court of the United States, 1935
295 U.S. 495
Pg. 122
Petitioners were convicted on eighteen counts of violating the "Live Poultry Code." The Code required sellers to sell only entire coops or half coops of chickens and regulated employment by requiring collective bargaining, prohibiting child labor, and establishing a 40 hour work week. As far the poultry here in question is concerned, the flow in interstate commerce had ceased. The poultry had come to a permanent rest within the state. Thus, the poultry was not subject to congressional regulation.
Hammer v. Dagenhart
Supreme Court of the United States, 1918
247 U.S. 251
Pg. 125
Father filed bill to enjoin act of Congress which prohibited the shipment in interstate or foreign commerce any product of a cotton mill situated in the United States, in which within 30 days before the removal of the product children under 14 have been employed, or children between 14 and 16 have been employed more than 8 hours in one day, or more than six days in any week, or between 7 in the evening and 6 in the morning. The Court rules that the making of goods is not commerce. This ruling is later overruled.
Champion v. Ames (The Lottery Case)
Supreme Court of the United States, 1903
188 U.S. 321
Pg. 128
Congress criminalized the interstate transportation of lottery tickets. The Power to regulate is the Power to exclude.
NLRB v. Jones & Laughlin Steel Corp.
Supreme Court of the United States, 1937
301 U.S. 1
Pg. 131
The National Labor Relations Board found that the respondent had violated the National Labor Relations Act of 1935 by engaging in unfair labor practices affecting commerce. The Court concluded that the order of the Board was within its competency and that the act is valid as here applied.
United States v. Darby
Supreme Court of the United States, 1941
312 U.S. 100
Pg. 134
Darby was a furniture maker who violated Fair Labor Standards Act, which capped employees' hours and set minimum wages. Defended on grounds that the Act exceeded Congress' Commerce Power. Regulation of labor conditions for production of goods moving interstate IS within Congress' Commerce Power.
Wickard v. Filburn
Supreme Court of the United States, 1942
317 U.S. 111
Pg. 136
Fulburn only produces wheat for home consumption and to feed his cattle, which are traded on interstate commerce, to make seeds for next year's crops, and sells a bit locally. Court holds that he is bound by Congress' wheat acreage and production allotment even though none of his wheat is sold in interstate commerce. Congress may regulate a purely local activity if the cumulative effect of such activitiy is that it would have a substantial effect on interstate commerce.
Heart of Atlanta Motel, Inc. v. United States
Supreme Court of the United States, 1964
379 U.S. 241
Pg. 139
The Heart of Atlanta Motel benefited from interstate commerce, but refused to lodge blacks. Congress has power to regulate motel practices under the Commerce Power, to the extent that those practices impede the free flow of people traveling in interstate commerce. The fact that Congress was also, if not primarily, legislating against a moral wrong, does not undermine its Commerce Power.
Katzenbach v. McClung
Supreme Court of the United States, 1964
379 U.S. 294
Pg. 141
Ollie's Barbecue served blacks in its carry-out window, but refused to seat them, though whites were allowed to dine in. Ollie's Barbecue was not located near an interstate highway, and the majority of its patrons were not travelers in interstate commerce. Congress' commerce power allows it to forbid non-commercial acts if these acts can be found, if only in the aggregate, to exert a substantial impact on interstate commerce.
National League of Cities v. Usery
Supreme Court of the United States, 1976
426 U.S. 833
Pg. 145
Congress regulated the working conditions (wages, overtime, labor standards) of public employees of the states. The Court held that insofar as the challenged amendments operate to directly displace the State's freedom to structure integral operations in areas of traditional governmental functions, they are not within the authority granted Congress by Art. I, section 8, cl.3.
Garcia v. San Antonio Metropolitan Transit Authority
Supreme Court of the United States, 1985
469 U.S. 528
Pg. 148
A Federal District Court concluded that municipal ownership and operation of a mass-transit system is a traditional governmental function and thus, under National League of Cities, is exempt from the obligations imposed by the FLSA. The Court revisited the issues raised in National League of Cities v. Usery, which held that Congress lacked authority to impose the requirements of the Fair Labor Standards Act on state and local governments. The Court held that in affording SAMTA employees the protection of the wage and hour provisions of the FLSA, Congress contravened no affirmative limit on its power under the Commerce Clause. There is nothing in the overtime and minimum-wage requirements of the FLSA, as applied to SAMTA, that is destructive of state sovereignty or violative of any constitutional provision. The Court also concluded that National League of Cities v. Usery is overruled.
United States v. Lopez
Supreme Court of the United States, 1995
514 U.S. 549
Pg. 153
In the Gun-Free School Zones Act of 1990, Congress made it a federal offense for any individual to knowingly possess a firearm in a school zone. The question is whether the Act exceeds congressional authority. The Court held that the Act exceeds Congress' Commerce Clause authority.
Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers
Supreme Court of the United States, 2001
531 U.S. 159
Pg. 170
Section 404(a) of the Clean Water Act (CWA), regulates the discharge of dredged or fill material into "navigable waters." The U.S. Army Corps of Engineers, has interpreted section 404(a) to confer federal authority over an abandoned sand and gravel pit in northern Illinois which provides a habitat for migratory birds. The question is whether section 404(a) may be fairly extended to these waters, and, if so, whether Congress could exercise such authority consistent with the Commerce Clause. Title 33 CFR section 328.3(a)(3), as clarified and applied to petitioner's site pursuant to the Migratory Bird Rule, exceeds the authority granted to respondents under section 404(a) of the CWA.
Pierce County, Washington v. Guillen
Supreme Court of the United States, 2003
123 U.S. 720
Pg. 175
The Court addressed whether 23 U.S.C. section 409, which protects information "compiled or collected" in connection with certain federal highway safety programs from being discovered or admitted in certain federal or state trials, is a valid exercise of Congress's authority under the Constitution. This Court lacks jurisdiction to hear the tort portion of the case but has jurisdiction to hear the Public Disclosure Act portion. Certain state-court judgments can be treated as final for jurisdictional purposes even though further proceedings are to take place in the state courts.
New York v. United States
Supreme Court of the United States, 1992
505 U.S. 144
Pg. 177
The Court addressed the constitutionality of three provisions of the Low-Level Radioactive Waste Policy Amendments Act of 1985. The Act provided three types of incentives to encourage States to comply with their statutory obligation to provide for the disposal of waste generated within their borders. The Act's monetary incentives and access incentives provisons are consistent with the Constitution's allocation of power between the Federal and State Governments, but the take title provision is not.
Printz v. United States
Supreme Court of the United States, 1997
521 U.S. 898
Pg. 186
Court compelled states to comply with Brady act by committing state resources. In exercising its commerce power, Congress can not commandeer local functions.
Reno v. Condon
The Supreme Court of the United States, 2000
528 U.S. 141
Pg. 195
The Driver's Privacy Protection Act of 1994 (DPPA), regulates the disclosure of personal information contained in records of state motor vehicle departments. The DPPA establishes a regulatory scheme that restricts the State's ability to disclose a driver's personal information without the driver's consent. South Carolina law conflicts with the DPPA's provisions. In enacting the DPPA, Congress did not run afoul of the federalism principles enunciated in New York v. United States, and Printz v. United States. The Federal Government correctly asserts that the DPPA is a proper exercise of Congress' authority to regulate interstate commerce under the Commerce Clause,
United States v. Butler
Supreme Court of the United States, 1936
297 U.S. 1
Pg. 198
In this case the Court was left to determine whether certain provisions of the Agricultural Adjustment Act, 1933, conflict with the Constitution. The Act declared that because of a crisis in agricultural production, the Secretary of Agriculture could set limits on production of certain crops and impose taxes on production in excess of these limits. The Court held that there was no power in Congress to impose the contested exaction, it could not lawfully ratify or confirm what an executive officer had done in that regard.
Sabri v. United States
Supreme Court of the United States, 2004
541 U.S. 600