The Great Constitutional Stupidity (Me trying to study for this class)

Commerce Clause

100

Lopez Factors 

1. Channels of Interstate Commerce 

2. Instrumentalities of interstate commerce and persons/things in interstate commerce 

3. Activities that affect substantially interstate commerce 

200

NFIB modification

Power to regulate commerce is for existing commerce and NOT to bring commerce into being.

300

Raich and Morrison modifications

Morrison: Amplifies Prong 3 of Lopez: court held that the it needs to be an economic activity 

Raich: Congress can regulate intrastate activity if failure to regulate undercuts economic activity.

400

Modern Day Dormant Commerce Clause 

• States may regulate interstate commerce when Congress has not acted (Gibbons/Wilson)

• BUT State law that infringe on areas that are truly “national” or admit of only one uniform system of regulation may violate the commerce clause, even if Congress has not acted. It all depends on the type of law at issue. (Cooley)

• BUT Congress can permit state laws that otherwise would violate Commerce Clause (Wheeling Bridge)

500

Considerations of the Modern Day Dormant Commerce Clause 

• Laws that facially discriminate against interstate commerce are subject to a virtually per se rule of invalidity
• Facially neutral laws are subject to Pike balancing test
• Otherwise applicable dormant commerce clause principles do not apply when the state is acting as a market participant. 

Regulation of State Governments

100

Garcia 

States don’t need judicial protection from Congress because they have ample say in what Congress does.

200

Ashcroft

Clear Statement Rule: If Congress intends to regulate traditional functions of state governments; it must make its intent unmistakably clear in the language of the statute. 

300

N.Y v. US 

Legislative Commandeering: Congress cannot force states to adopt legislative orders. 

• Positive Commandeering: Can’t force legislation on the states.

400

Printz (not to be confused with Prince)

No Executive Commandeering: Using state officials to carry out fed law. 

500

Murphy v. NCAA

Negative Commandeering: Can’t stop legislation/states from doing something.

Economic Regulation

100

Williamson v. Lee Optical

Legislatures and not the courts are the ones to balance the implications of the law; if using rational basis test we just defer to legislature.

200

Let's act rational, this test was created in Carolene

Rational Basis Test 

300

Holmes Dissent in Lochner 

• Pragmatism is essential: Courts should defer to legislatures to analyze the consequences of decisions; seek to use tradition and look at history as to why we have the rule.

• Applies Free Market Theory; the Constitution is not intended to embody a particular economic theory and made for people with fundamentally different views.

400

This case is the Lochner Killer 

• West Coast Hotel v. Parrish (1937): Eliminates notion of freedom of contract; Liberty of Contract under Constitution is subject to the restraints of due process and regulation and not a broad right;  reasonable in relation to its subject and adopted in the interests of the community.

500

You changed up on me. . . (Home Building and Loan Assn v. Blaisdell)

States can alter the form of a remedy so long as they don’t violate or interfere with contract rights

Enumerated Powers and Branch Powers

100

Treaty Power (Missouri v. Holland) 

If a treaty is valid, no dispute about validity of statute that implements treaty because it is a necessary and proper power. 

200

Legislative Vetoes are unconstitutional and wiped off the map 

INS v. Chadha 

300

I am not a crook, this case said 

Executive Privilege exists, but absent a need to protect military, diplomatic or sensitive national security interests, executive privilege must yield to the demonstrated specific need for evidence pending a criminal trial.

U.S v. Nixon

400

Spending Power (Dole)

• Spending must be in pursuit of the general welfare, but Congress is given considerable deference as to what constitutes general welfare 
• If Congress makes state receipt of federal funds subject to conditions, it must do so unambiguously 
• Conditions on federal grants may be illegitimate if unrelated to the federal interest in the program 
• Spending cannot violate other constitutional provisions. 
• Offer cannot be coercive, States must have real choice to refuse. (NFIB)

500

Necessary and Proper Power (Comstock)

• The breadth of the Necessary and Proper Clause 
• The long history of federal involvement in this arena 
• The sound reasons for statute’s enactment in light of the government’s custodial interest in safeguarding the public from dangers posed. 
• Statutes accommodation of the state’s interests 
• The statutes narrow scope 

Reconstruction Amendments and Misc.

100

This case butchered Privileges and Immunities 

Slaughterhouse (1873)

200

U.S v. Morrison 

§1 of 14th Amend is a limit on the states but not on private individuals.

300

Boerne 

There must be a congruence and proportionality between the injury to be prevented or remedied and the means adopted to that end. Lacking such a connection, legislation may become substantive in operation and effect.

400

Im sorry Judge Jackson (ooohhh) 

This was his test for Presidential and Congressional interactions forreealllll

• When President acts pursuant to an express or an implied authorization of Congress, his authority is at its maximum,

• When President acts in absence of either a congressional grant of denial of authority, he may rely only on his own independent powers.

• When President acts inconsistently with the express or implied will of Congress, his power is at its lowest ebb.

500

This Broadway musical argued for the Bank of the US with this Constitutionality test 

Constitutionality Test: If the end be clearly comprehended within a specified power and if the measure has an obvious relation to that end and is not forbidden by any provision; it is safe to be deemed to come within compass of national authority.