JUDICIAL POWER Expressed/Enumerated Powers: Powers are actually written in the Constitution,
Article III: Outlines limits of judicial power designated to the Supreme Court giving Congress the direct power to regulate those areas.
Originalism: Dispositive weight to original meaning of the Constitution Implied Powers: Powers taken by Congress through reasonable deduction from
Non-Originalism: belief that the constitution’s meaning today is not always the the expressed powers.
meaning that it had when it was ratified. Necessary & Proper Clause: “to make all laws which shall be necessary & proper
Power of Judicial Review USSC may review law/legislative acts to ensure they are for carrying into execution the foregoing powers, and all other powers vested by
constitutional. Marbury: writ of mandamus appropriate remedy for Madison. the constitution.”
However, unconstitutional for USSC to give this remedy. Establishes power of McCulloch: Fed. Bank in MD, State passed law to tax bank $15,000. –
judicial review – fed. courts can review federal law to determine if Constitution enumerates Congress power to tax/spend for gen. welfare (A1.S8)
constitutional. and to make other laws as it deems necessary and proper to carry out this
Heller: Tried to regulate handguns that could be owned- 2nd amendment enumerated power. States can’t make laws that interfere w/ fed. Gov’s exercis
secures an individual right to bear arms (originalism) of its constitutional powers.
USSC Review of State Judgements Comstock: Congress enacted statute regulating mentally ill/sexually violent
Power of Appellate Review: USSC has authority to review decisions of lower prisoners even if they already completed sentence- Under NPC (A1.S8.Cl 18)
court. Hunter’s Lesse: Land dispute – USSC reversed VA court ruling, VA didn’t congress may enact laws that are “convenient, useful, or conducive” to the
respect ruling – argued unconstitutional, thus not binding. – appellate power of authority’s beneficial exercise.
USSC extends to state court decisions (Article III) The Commerce Power: Early History
Aaron: AK gov. argued not bound by USSC holding in brown v. board of ed. Commerce Clause/Article I, Sec. 8, Clause 3: Congress has power to regulate
Stopped desegregation plan. – Constitution supreme law of land – states must commerce w/ foreign nations & among the sever states, & w/ the Native
follow Supreme Law of the Land: Article VI makes constitution the supreme law American tribes Ogden: NY leg. Granted D exclusive right to operate steamboat
of land – judicial departments duty to say what law is. in NY water – P received fed. license to operate steamboats state to state – P
LIMITS & CHECKS ON JUDICIAL POWER USSC can only decide “actual cases & argues NY statute prohibits D from steaming in NY – If a state and congress pass
controversies,” with something at stake. Can’t give legal advice, address political conflicting laws regulating interstate commerce, the federal law governs
questions. Congress can limit fed. court jurisdiction by statute (limit judicial The Middle Years: Uncertainty & a Restrictive View
review) E.C. Knight Co: Sherman Antitrust Act enacted to prevent monopolies/restrictive
Non-Justiciable Political Question: Must satisfy 1/6 tests… trading – D gained control over sugar manufacturers & D gained 98% monopoly
1.A textually demonstrable constitutional commitment of that issue to another over industry – P sued for violating antitrust act -Congress may not use powers
political branch 2.A lack of judicially discoverable and manageable standards for under commerce clause to regulate manufacturing. (production of goods not
resolving the issue 3.An impossibility of deciding the issue w/o making an initial yet part of commerce)
policy determination of a kind not suitable for judicial discretion 4.Lack of respect Shreveport Rate Case: P facilitated commerce in TX and between TX &
for the other branches of government is undertaking independent resolution of Shreveport, LA. P charged much higher rates for interstate routes - D (interstate
the case. 5.An unusual need for unquestioning adherence to a political design commerce commission) sought to regulate/set maximum price that could be
already made. 6.The potential for embarrassment for differing pronouncements charged by railway on its interstate routes – price comparable to intrastate
of the issue by different branches of government . routes. Congress can regulate operations in any matter w/ close and substantia
Baker: P argued legislative districting issues were political questions. Thus, not relation to interstate traffic, to the efficiency of interstate service, and to the
capable of being decided by courts. (Doesn’t meet any tests) – questions about maintenance of conditions under which interstate commerce may be conducte
apportionment under the 14th amendment are justiciable. upon fair terms.
Nixon: Impeached fed. District judge - Review of impeachment proceedings is a Ames: Congress enacted statute prohibiting buying/selling lottery tickets across
nonjusticiable political question. (Meets tests) state lines – D indicted by P for arranging to ship lottery tickets from TX to CA – D
Impeachment reserved to political branches of gov. argues unconstitutional to completely prohibit certain commerce – trafficking of
Dispute lacks judicially manageable standards for resolution. lottery tickets across state lines is interstate commerce that may be prohibited
Muskrat Native Americans claim US gov wronged them for allocated lands tried entirely by Congress under the CC (transportation of goods)
to sue (parties not adverse) - If there is no case/controversy of adverse powers Dagenhart: Congress passed act prohibiting interstate sale of goods made by
USSC no juris. (can’t make advisory opinions) children under certain age – Congress may not use its commerce clause power
Unripe Cases: cases that have not yet developed into actual controversy – when to regulate child labor in the states (making of goods = local matter)
injury asserted by P is speculative, claim likely dismissed. Carter Coal Co: Congress passed BCCA to create standards for coal mining
Moot Claims: Claims where parties no longer have meaningful, concrete stake in industry – Congress may not regulate mining under the CC b/c mining doesn’t
the relief sought - too late for court to decide. constitute interstate commerce (purely local matter)
Exceptions Clause: Grants Congress power to make exceptions to USSC appellate The New Deal & Beyond: An Expansive View
jurisdiction over cases. National Labor Relations Board v. Jones & Laughlin Steel Corp: alleged D
Ex Parte McCardle: D arrested by fed. Gov. for writing articles critiquing gov. D violated NLRA by discriminating against member of the union who attempted to
sought writ of habeas corpus – while case pending, Congress, passed law unionize (protected under act) – D claims NLRA unconstitutional exercise of
revoking USSC power of appellate review of writs of habeas corpus – Congress Congress’ interstate commerce power – Congress can regulate labor relations
may limit USSC power of appellate review to certain areas. under CC b/c labor relations have such a close & substantial relationship to
Standing: Only litigants who have “standing” may enforce constitutional interstate commerce that their control is essential to protect that commerce
provisions from burdens and obstructions.
3 Requirements: Injury in fact, causal relationship between injury & challenged Darby: Fair labor standards act – prevent shipment of goods produced under
conduct, a likelihood injury will be redressed (remedied) by a favorable decision. prohibited conditions – Congress may regulate labor standards of goods
Wright: P sued D for granting tax exemption to racially segregated schools. Ps manufactured for interstate commerce & exclude any goods produced in unfair
argued this injured their children (didn’t allow them to attend non segregated conditions from interstate commerce (aggregation principle). Overrules
school) (too attenuated not a direct link) – standing requires one to sufficiently Hammer.
allege that they suffered personal injury directly caused by D’s actions. Wickard Agriculture Adjustment Act regulated amount of wheat farmers could
Defenders of Wildlife: ESA allows anyone to initiate civil suit to enjoin anyone produce – D grew excess for personal consumption, fined, argues
from violating act. P sued D – injured b/c lack of consultation for gov. activities unconstitutional – Congress may regulate local activity if it has a substantial
increased rate of extinction. - A party doesn’t have standing to litigate economic effect on interstate commerce (effects principle).
generalized grievance against the fed. Court if they suffered no personal injury Effects Principle: Congress can regulate interstate commerce itself, and intrastat
other than harm suffered by ALL activities that substantially affect commerce.
FEDERALISM: Division of Powers Aggregation Principe: An activity’s effect on commerce is determined by looking
Federalism: The relationship btwn the federal government & the states AND the at the effect of the activity when undertaken by everyone across the country.
relationship among the states
Article III: Outlines limits of judicial power designated to the Supreme Court giving Congress the direct power to regulate those areas.
Originalism: Dispositive weight to original meaning of the Constitution Implied Powers: Powers taken by Congress through reasonable deduction from
Non-Originalism: belief that the constitution’s meaning today is not always the the expressed powers.
meaning that it had when it was ratified. Necessary & Proper Clause: “to make all laws which shall be necessary & proper
Power of Judicial Review USSC may review law/legislative acts to ensure they are for carrying into execution the foregoing powers, and all other powers vested by
constitutional. Marbury: writ of mandamus appropriate remedy for Madison. the constitution.”
However, unconstitutional for USSC to give this remedy. Establishes power of McCulloch: Fed. Bank in MD, State passed law to tax bank $15,000. –
judicial review – fed. courts can review federal law to determine if Constitution enumerates Congress power to tax/spend for gen. welfare (A1.S8)
constitutional. and to make other laws as it deems necessary and proper to carry out this
Heller: Tried to regulate handguns that could be owned- 2nd amendment enumerated power. States can’t make laws that interfere w/ fed. Gov’s exercis
secures an individual right to bear arms (originalism) of its constitutional powers.
USSC Review of State Judgements Comstock: Congress enacted statute regulating mentally ill/sexually violent
Power of Appellate Review: USSC has authority to review decisions of lower prisoners even if they already completed sentence- Under NPC (A1.S8.Cl 18)
court. Hunter’s Lesse: Land dispute – USSC reversed VA court ruling, VA didn’t congress may enact laws that are “convenient, useful, or conducive” to the
respect ruling – argued unconstitutional, thus not binding. – appellate power of authority’s beneficial exercise.
USSC extends to state court decisions (Article III) The Commerce Power: Early History
Aaron: AK gov. argued not bound by USSC holding in brown v. board of ed. Commerce Clause/Article I, Sec. 8, Clause 3: Congress has power to regulate
Stopped desegregation plan. – Constitution supreme law of land – states must commerce w/ foreign nations & among the sever states, & w/ the Native
follow Supreme Law of the Land: Article VI makes constitution the supreme law American tribes Ogden: NY leg. Granted D exclusive right to operate steamboat
of land – judicial departments duty to say what law is. in NY water – P received fed. license to operate steamboats state to state – P
LIMITS & CHECKS ON JUDICIAL POWER USSC can only decide “actual cases & argues NY statute prohibits D from steaming in NY – If a state and congress pass
controversies,” with something at stake. Can’t give legal advice, address political conflicting laws regulating interstate commerce, the federal law governs
questions. Congress can limit fed. court jurisdiction by statute (limit judicial The Middle Years: Uncertainty & a Restrictive View
review) E.C. Knight Co: Sherman Antitrust Act enacted to prevent monopolies/restrictive
Non-Justiciable Political Question: Must satisfy 1/6 tests… trading – D gained control over sugar manufacturers & D gained 98% monopoly
1.A textually demonstrable constitutional commitment of that issue to another over industry – P sued for violating antitrust act -Congress may not use powers
political branch 2.A lack of judicially discoverable and manageable standards for under commerce clause to regulate manufacturing. (production of goods not
resolving the issue 3.An impossibility of deciding the issue w/o making an initial yet part of commerce)
policy determination of a kind not suitable for judicial discretion 4.Lack of respect Shreveport Rate Case: P facilitated commerce in TX and between TX &
for the other branches of government is undertaking independent resolution of Shreveport, LA. P charged much higher rates for interstate routes - D (interstate
the case. 5.An unusual need for unquestioning adherence to a political design commerce commission) sought to regulate/set maximum price that could be
already made. 6.The potential for embarrassment for differing pronouncements charged by railway on its interstate routes – price comparable to intrastate
of the issue by different branches of government . routes. Congress can regulate operations in any matter w/ close and substantia
Baker: P argued legislative districting issues were political questions. Thus, not relation to interstate traffic, to the efficiency of interstate service, and to the
capable of being decided by courts. (Doesn’t meet any tests) – questions about maintenance of conditions under which interstate commerce may be conducte
apportionment under the 14th amendment are justiciable. upon fair terms.
Nixon: Impeached fed. District judge - Review of impeachment proceedings is a Ames: Congress enacted statute prohibiting buying/selling lottery tickets across
nonjusticiable political question. (Meets tests) state lines – D indicted by P for arranging to ship lottery tickets from TX to CA – D
Impeachment reserved to political branches of gov. argues unconstitutional to completely prohibit certain commerce – trafficking of
Dispute lacks judicially manageable standards for resolution. lottery tickets across state lines is interstate commerce that may be prohibited
Muskrat Native Americans claim US gov wronged them for allocated lands tried entirely by Congress under the CC (transportation of goods)
to sue (parties not adverse) - If there is no case/controversy of adverse powers Dagenhart: Congress passed act prohibiting interstate sale of goods made by
USSC no juris. (can’t make advisory opinions) children under certain age – Congress may not use its commerce clause power
Unripe Cases: cases that have not yet developed into actual controversy – when to regulate child labor in the states (making of goods = local matter)
injury asserted by P is speculative, claim likely dismissed. Carter Coal Co: Congress passed BCCA to create standards for coal mining
Moot Claims: Claims where parties no longer have meaningful, concrete stake in industry – Congress may not regulate mining under the CC b/c mining doesn’t
the relief sought - too late for court to decide. constitute interstate commerce (purely local matter)
Exceptions Clause: Grants Congress power to make exceptions to USSC appellate The New Deal & Beyond: An Expansive View
jurisdiction over cases. National Labor Relations Board v. Jones & Laughlin Steel Corp: alleged D
Ex Parte McCardle: D arrested by fed. Gov. for writing articles critiquing gov. D violated NLRA by discriminating against member of the union who attempted to
sought writ of habeas corpus – while case pending, Congress, passed law unionize (protected under act) – D claims NLRA unconstitutional exercise of
revoking USSC power of appellate review of writs of habeas corpus – Congress Congress’ interstate commerce power – Congress can regulate labor relations
may limit USSC power of appellate review to certain areas. under CC b/c labor relations have such a close & substantial relationship to
Standing: Only litigants who have “standing” may enforce constitutional interstate commerce that their control is essential to protect that commerce
provisions from burdens and obstructions.
3 Requirements: Injury in fact, causal relationship between injury & challenged Darby: Fair labor standards act – prevent shipment of goods produced under
conduct, a likelihood injury will be redressed (remedied) by a favorable decision. prohibited conditions – Congress may regulate labor standards of goods
Wright: P sued D for granting tax exemption to racially segregated schools. Ps manufactured for interstate commerce & exclude any goods produced in unfair
argued this injured their children (didn’t allow them to attend non segregated conditions from interstate commerce (aggregation principle). Overrules
school) (too attenuated not a direct link) – standing requires one to sufficiently Hammer.
allege that they suffered personal injury directly caused by D’s actions. Wickard Agriculture Adjustment Act regulated amount of wheat farmers could
Defenders of Wildlife: ESA allows anyone to initiate civil suit to enjoin anyone produce – D grew excess for personal consumption, fined, argues
from violating act. P sued D – injured b/c lack of consultation for gov. activities unconstitutional – Congress may regulate local activity if it has a substantial
increased rate of extinction. - A party doesn’t have standing to litigate economic effect on interstate commerce (effects principle).
generalized grievance against the fed. Court if they suffered no personal injury Effects Principle: Congress can regulate interstate commerce itself, and intrastat
other than harm suffered by ALL activities that substantially affect commerce.
FEDERALISM: Division of Powers Aggregation Principe: An activity’s effect on commerce is determined by looking
Federalism: The relationship btwn the federal government & the states AND the at the effect of the activity when undertaken by everyone across the country.
relationship among the states
