THE CONSTITUTION AND THE SUPREME COURT (JUDICIAL REVIEW)
In this case, the issue was whether the Supreme Court has the power to check if laws and actions by lawmakers follow the Constitution. The Court established the rule of judicial review, stating it is "emphatically the province and duty of the judicial department to say what the law is," though it can only review legal rights, not political acts.
What is Marbury v. Madison (1803)
Congress cannot aggregate noneconomic violent criminal conduct into interstate commerce jurisdiction
What is the rule from United States v. Morrison?
Can the Supreme Court check if laws and actions by lawmakers follow the Constitution? (Alternatively: Is the denial to Marbury of his commission by the Secretary of State's refusal to deliver it a violation of his legal rights under Article III?)
The Supreme Court has the power of judicial review to declare acts of Congress or the Executive unconstitutional, provided they involve violations of legal rights, not political acts
Congress may encourage states through conditional spending but may not coerce them into compliance.
What is the anti-coercion principle from NFIB v. Sebelius?
Congress may regulate economic intrastate activity when aggregated effects substantially impact interstate commerce.
What is the Aggregation Principle from Wickard v. Filburn?
The issue here was whether the U.S. Supreme Court has the power to review decisions made by state courts. The rule established is that under Article III, the U.S. Supreme Court has appellate jurisdiction to review state court decisions regarding federal law to ensure national uniformity.
What is Martin v. Hunter’s Lessee (1816)?
Congress may not compel state legislatures to enact or administer federal regulatory programs.
What is the anti-commandeering doctrine from New York v. United States?
Does the U.S. Supreme Court have the power to review state court decisions?
Under Article III, the U.S. Supreme Court has appellate jurisdiction to review decisions made by state courts regarding federal law to ensure national uniformity
A payment collected by the IRS that produces revenue and lacks punitive characteristics may operate constitutionally as a tax.
What is the taxing-power rule from NFIB v. Sebelius?
Can Congress regulate local, non-economic criminal behavior (like gun possession near schools) under the Commerce Clause?
Congress cannot use the substantial effects test to regulate local, non-economic criminal behavior that does not substantially affect interstate commerce
Noneconomic violent criminal conduct cannot be aggregated into interstate commerce authority solely because of downstream economic consequences.
What is the rule from United States v. Morrison?
Presidential power is weakest when acting contrary to Congress’s expressed or implied will.
What is Youngstown Category III?
Is a challenge to the unfair division of state legislatures under the Equal Protection Clause a political question that cannot be decided by the courts?
A challenge to malapportionment is justiciable and not a political question if none of the 6 factors are present. The 6 factors are: 1) constitutional commitment to another branch, 2) lack of judicial standards, 3) need for initial policy determination, 4) lack of respect for another branch, 5) need to adhere to prior political decision, and 6) potential for embarrassment from multiple pronouncements
Facially neutral state laws burdening interstate commerce are unconstitutional when the burden imposed is clearly excessive relative to local benefits.
What is the Pike balancing test?
Can a state ban waste originating from other states from coming into its borders?
Under the Dormant Commerce Clause, a state cannot protect its own interests by treating out-of-state goods differently solely based on their origin, facing a "virtual per se rule of invalidity"
Congress cannot convert general police powers into commerce authority by piling inference upon inference.
What principle emerged from United States v. Lopez?
Congress may not regulate purely local activity whose effect on interstate commerce is merely indirect.
What is the rule from Schechter Poultry Corp. v. United States
Does the President have the constitutional authority to seize the steel mills to resolve a labor dispute?
The President cannot make laws; his power must stem from an act of Congress or the Constitution. Under the 3-tier framework, his power is at its 1) maximum when Congress approves, 2) in a "zone of twilight" when Congress is silent, and 3) at its "lowest ebb" when acting against the express/implied will of Congres
Does a legislative branch official performing executive functions while remaining subject to Congressional removal violate the separation of powers?
Congress cannot retain removal power over an officer charged with executing the laws, as the power to remove is the power to control, which impermissibly intrudes on executive functions
Is a state law that heavily burdens interstate commerce for a slight or illusory safety purpose allowed under the Dormant Commerce Clause?
Under the Pike balancing test, a neutral state law is invalid if the burden on interstate commerce is excessive in relation to the legitimate local safety benefits
Congress may aggregate intrastate economic conduct to determine whether it substantially affects interstate commerce.
What is the Aggregation Principle from Wickard v. Filburn?
Intrastate labor relations may be regulated when they exert a substantial effect on interstate commerce.
What is the holding of NLRB v. Jones & Laughlin Steel?
Congress may regulate the channels of interstate commerce, the instrumentalities of interstate commerce, and activities substantially affecting interstate commerce.
What are the three categories from United States v. Lopez?
Can the President be limited in his power to remove a principal officer, who is also limited in their power to remove a lower executive officer?
Double "for-cause" removal insulation for an executive officer performing executive functions is unconstitutional because it completely removes the President's ability to ensure laws are faithfully executed.
Is the Affordable Care Act's individual mandate a valid use of Congress's power to tax?
An exaction is a valid revenue-raising tax (not a penalty) if it raises revenue, is collected by the IRS, is not an exceedingly heavy burden, and has no scienter requirement.