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| Steamboat monopoly case. Commerce is navigation and regulation means facilitating. |
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| Steamboats exploding case. Regulate includes the power to protect channels! and navigable means any water that has been, is or may be connected to interstate navigable water. |
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| Sugar Mill Case. Manufacturing is not part of commerce until the item is transported. |
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| Lottery ticket case. Instrumentality of commerce. Power to regulate means power to prohibit. Getting closer to making marijuana illegal... |
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| Child labor case. Regulating does not include prohibiting goods manufactured that are not engaged in interstate commerce. |
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| Vertically integrated steel company, has businesses in multiple states. "Stream of commerce" theory. |
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| Lumber mill case. Manufacturing now equals commerce because competition between states may interfere with interstate commerce. |
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| Wheat case. Purely intrastate activities that are not actively engaged in commerce can be regulated because of aggregation. |
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| Marijuana is now illegal. Prohibiting possession and manufacture of a product is a rational means of regulation. Even if a product is illegal, it still is engaged in interstate commerce. |
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| Gun free school zones case. Government reached to far. |
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| Case that started it all. Dude wanted his commission. Supreme court now has authority to rule on constitutionality of laws. |
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| Still segregating schools after Brown, Fed law overrides state law. |
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| Lujen v. Defenders of wildlife |
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| Lions and Tigers and bears, oh my. Organizational standing requires: a member that has standing, purpose of organization relates to law suit, and they seek only injuctive or declaratory relief. |
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| Congress sneakly taking away jurisdiction before court makes a decision, court has to go with it. |
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| Guy gets pardon. Congress tries to tell court what to think. Congress determine which cases sup court can hear, but can't control how they rule. |
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Standing requires:
1. Concrete and particular injury
2. Causation
3. Redressability
4. More likely than just speculative that injury will be redressed. |
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| Global warming taking away coast land at like a centimeter a year. Even minute injury and redressability is enough for standing. |
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| Indian dude getting sent back. One house legislative veto is a no no. |
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| The authority is in the senate to try impeachment cases, it is a political question |
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Person cannot sue his own state because they are the BOSS. within exception of course:
1. Consent
2. Federal government can sue state
3. Ex parte young (as long as they are seeking declaratory or injuctive relief they can sue officers)
4. Section 5 of the 14th amendment |
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| Rural areas getting too many reps because of unfair apportionment. The political question doctrine! |
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| The guarantee of a republic form of government is a political question. |
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| Dude was a shitty congressman. Congressional authority to exclude members is not a political question and it is not allowed! |
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| President authority to terminate treaties is a political question. |
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| Selling guns to bolivia. When president is acting in foreign affairs, he can have a little more delegated power. |
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Congress grants power to the president, and they are the ones that make the law. Jackson's 3 levels of executive power:
1. President acting with congress- super powers
2. President acting without grant or denial of congress: can only rely on his powers.
3. President acting against the direct will of congress, powers are low, just his constitutional powers will save him. |
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| It is not necessary that both parties be acknowledged as independent. It is congresses prerogative to declare war, but president can take action when we are attacked. |
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| Appointments clause gives power to congress to make interbranch appointments. |
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| Comptroller case. Power a removal of executive officers is vested in the executive branch. |
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| Free enterprise fund v. Public Companty. |
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| Multilevel for cause tenure provisions are unconstitutional because they interfere with the ability of the executive branch to execute his duties. |
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| Postmaster case. Power to remove inferior officers is incidental to the power to remove them. |
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| Quasi Judicial and Quasi Legislative powers in a gov official makes it so the president can only fire them for cause, if congress says so. |
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| Supreme court of New Hampshire v Piper |
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| A state can't prohibit out of state attorneys from practicing in their state if they pass the bar, because it is a "common calling" |
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| Spys wash up on shore. The court will not se aside acts of the president concerning acts of war because that power is vested to him by the constitution. |
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Mexican Murder denied rights under the treaty. Difference between self executing and treaties that require congressional action.
Interpreting a treaty:
Text of the treaty
Use negotiation and drafting history and post ratification understanding of other nations. |
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| U.S. citizen caught being a enemy combatant in Afghanistan. It is up to the president to hold enemy combatants for however long the war lasts, but a U.S. citizen has the right to challenge his status as an EC in the court. |
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| Board of Trustees v. Garret |
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| Breast cancer patient denied her job. In order to get money damages, you have to show a pattern of discrimination that violates 14th amendment and remedy must be congruent and proportional. |
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| Family medical leave act sex discrimination. Congress can enact legislation when it is congruent and proportional. But Sex discrimination deserves intermediate scrutiny. |
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| Importation of waste. Legitimate local concerns with only incidental effects on ISC vs protectionists statutes. |
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| cantelopes! If a statute regulates evenhandedly it will be upheld unless the burden imposed on ISC is clearly excessive in relation to benefits. |
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| Waste required to go to special waste processing plant. No laws that impose commercial barriers or discriminate against articles of commerce by its origin or destination. |
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| Apple case! Statute has to actually do what it says its designed to do. Discriminatory in fact or effect. |
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| Westlynn creamery v. Healy |
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Dealer has to pay premium and it is distributes it to producers.
Look at the effect of the entire program. Regulatory measures designed to benefit state economic interests by burdening out of state competitors is unconstitutional unless it can be justified by a valid factor unrelated to economic protectionism. |
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non refillable container statute. If staute minimally burdens interstate commerce in order to reach a valid local benefit it may be ok. consider:
1. nondiscriminatory OR
2. the burden is not excessive
3. No better alternative. |
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| Mudd flap case. If it is a safety measure, the court gives a little leniency to support growth of innovation, but if it it still can't be overly burdensome. |
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| City ordinance requireing milk pasteurized within 5 miles. protectionist in nature and reasonable alternatives! |
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| Solid waste guy/ flow control ordinance. The law has to burden out of state, in this case it burdens in state. |
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| Cement Producers can give residents preferential treatment because they are a market participant. |
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| You can't hoard natural resources. You can't manage downstream commerce, can't have substantial regulatory effect outside of the the market. |
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| Fed. Bank Case. Necessary and Proper clause gov gets to determine the means for performing delegated tasks and anyone contending those means has the burden of est the exception. |
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| Lumbermill overturned Hammer |
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| Mentally ill sexually dangerous felon. The constitution gives gongress the power to create federal criminal laws and to punish their violations. Means end rationality. |
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Drinking Age. Congress can attach conditions to government funds. As long as it passes the Butler test:
1. pursuit to general welfare
2. Unambiguous allowing state to choose cognizant of consequences.
3. Related to federal interest in particular national project or program.
4. No constitutional provision bars conditional grant of funds. |
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| Migratory Bird case. treaties are the law of the land and congress can make laws pursuant to treaties in order to uphold them. |
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| Radioactive waste disposal. Congress can't commendeer a states legislative process by coercion. It has to be incentive. Not coersion. |
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| Selling drivers licenses: Traditionally state activity, usually, but not always means that its a state function. |
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| Jones v. Alfred H Mayor Co. |
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| Refuse selling home to black guy. 13th amendment includes the ability to buy and occupy land. |
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| Violence against Women act. Intrastate activities aggregate only if they are economic in nature. |
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| Literacy tests. Strong correlation evidence of discrimination is valid evidence that there is a violation of fundamental rights. |
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| Overturned Nat. League of cities. Congress has power to extend fed min wage to sate and local gov. employees. |
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| Sheriff case. Government can come in and get the files themselves, but they can't commendeer state or local officials to do their bidding. |
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| Religious freedom vs. Save the buildings. while preventative rules are sometimes appropriate remedial measures, the means have to be congreant with their end. |
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| Fire Union workers in their steel mill. Congress has the power to regulate intrastate activities that potentially could have a significant impact on interstate commerce. |
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