Law and Civil Rights Doctrine Summary
Marbury v. Madison (1803) ✔✔This case establishes the Supreme Court's power of Judicial
Review
McCulloch v. Maryland (1819, Marshall) ✔✔The Court ruled that states cannot tax the federal
government, i.e. the Bank of the United States; the phrase "the power to tax is the power to
destroy"; confirmed the constitutionality of the Bank of the United States.
The congress doesn't only have expressed powers but also implied powers that are "convenient
and conducive" to the objects of the constitution
Gibbons v. Ogden (1824, Marshall) ✔✔Regulating interstate commerce is a power reserved to
the federal government
Barron v. Baltimore (1833) ✔✔The Supreme Court ruled that the due process clause of the
Fifth Amendment did not apply to the actions of states. This decision limited the Bill of Rights to
the actions of Congress alone.
Dred Scott v. Sanford (1857) ✔✔Court ruled that Scott was the property of Sanford and, as a
slave, was prohibited from suing in court. Chief Justice Taney gives his opinion that the Missouri
Compromise was unconstitutional. Decision adds to sectionalism between North and South that
will lead to the Civil War.
Slaughterhouse Cases (1873) ✔✔A series of post-Civil War Supreme Court cases containing the
first judicial pronouncements on the 13th, 14th, and 15th Amendments. The Court held that
these amendments had been adopted solely to protect the rights of freed blacks, and could not
be extended to guarantee the civil rights of other citizens against deprivations of due process
by state governments. These rulings were disapproved by later decisions.
Hammer v. Dagenhart (1918) ✔✔The Supreme Court declared the Keating-Owen Child Labor
Law unconstitutional. Keating-Owen had prohibited the shipment in interstate commerce of
products made with child labor.
, Lochner v. New York (1905) ✔✔Declared unconstitutional a New York act limiting the working
hours of bakers due to a denial of the 14th Amendment rights.
Allgeyer v. Lousiana ✔✔n a unanimous decision, the Court found that the Louisiana statute
deprived Allgeyer & Company of its liberty without due process under the Fourteenth
Amendment. Agreeing with the trial court, the Court found that the Fourteenth Amendment
extends broadly to protect individuals from restrictions on their freedom to contract in pursuit
of one's livelihood or vocation. The Court noted that each potential deprivation of liberty by the
state needed to be evaluated on a case-by-case basis.
Adair v. United States (1908) ✔✔Labor organizing.
A law passed by Congress in 1898 made it illegal for employers to fire employees solely on the
basis of their participation in labor unions (illegalized "yellow dog" contracts). Adair fired a
union worker and claimed the law violated the right of employers and employees to enter into
contracts with each other as protected by the Fifth Amendment. Court agreed (Lochner era).
Coppage v. Kansas (1915) ✔✔Kansas's Legislature passed legislation making it unlawful to
"require, demand, or influence any person or persons to enter into any agreement, either
written or verbal, not to join or become or remain a member of any labor organization or
association, as a condition of such person or persons securing employment, or continuing in
employment of such individual, firm, or corporation."
Held: Unconstitutional as a violation of ESDP.
-> transactional justice
Munn v. Illinois ✔✔1876; The Supreme Court upheld the Granger laws. The Munn case allowed
states to regulate certain businesses within their borders, including railroads, and is commonly
regarded as a milestone in the growth of federal government regulation.
Muller v. Oregon ✔✔1908 - Supreme Court upheld Oregon state restrictions on the working
hours of women as justified by the special state interest in protecting women's health
Muller v. Oregon ✔✔1908 - Supreme Court upheld Oregon state restrictions on the working
hours of women as justified by the special state interest in protecting women's health