ConLaw Outline - Table of Contents I INTRODUCTION TO THE...

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Table of Contents I INTRODUCTION TO THE CONSTITUTION Introduction: The Structure of the Constitution The Nature of the Constitution Judicial Review o Marbury v. Madison Constitutional and Prudential Limitations on the Court Marbury v. Madison - notes Theories of Judicial Review The Amendment Process o Texas v. Johnson Appointments Impeachment o Powell v. McCormack Congressional Control of Jurisdiction Ex Parte McCardle U.S. v. Klien Procedural Limitations o ( Padilla v. Hanft ). Political Questions - 1 -
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o Baker v. Carr , Nixon v. United States , Powell v. McCormack o Vieth v. Jubilerer o LULAC v. Perry Ripeness and Mootness Doctrine Ripeness: Laird v. Tatum Mootnes: Defunis v. Odegaard Cases and Controversies Allen v. Wright , Lujan v. Defenders of Wildlife (No Standing) Massachusetts v. EPA (Standing) Hein v. Freedom from Religion Foundation II THE FEDERALIST SYSTEM A. THE SUPREME COURT AND THE STATES Supreme Court Review of State Court Decisions Martin v. Hunter's Lessee Supreme Court Review of the Powers of the Federal Government McCulloch v. Maryland B. THE POWERS OF CONGRESS - 2 -
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Federalism and The Enumerated Powers Gibbons v. Ogden “Unfunded Mandates” Federalism and the Commerce Clause Champion v. Ames : The Lottery Ticket Case (√) Hammer v. Dagenhart : Child Labor (x) Houston, East & West Texas Railway v. United States : Shreveport Rate Cases (√) Wickard v. Filburn : Private Wheat (√) No Limits The New Deal Crisis U.S. v. E.C. Knight Co : Sugar Monopoly/Direct-Indirect Test Ala Schechter Poutry Corp. v. U.S. : NY Chicken Butchers (10 th Amendment) Carter v. Carter Coal Co. NLRB v. Jones & Laughlin Steel U.S. v. Darby Heart of Atlanta Motel v. U.S. : (Racism and Commerce Clause) Katenbach v. McClung : (Racism and Commerce Clause) Lopez and The New Federalism U.S. v. Lopez (Gun Control/Jurisdictional Element) (Overview CC) U.S. v. Morrison (Interstate Rape Laws) Gonzales v. Raich (Marijuana and the Supremacy Clause) - 3 -
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The Limits of Federalism and the Tenth Amendment Garcia o South Carolina v. Baker New York v. United States Printz v. United States Medellin The Spending Power South Dakota v. Dole o Sabri v. U.S. Cutter v. Wilkinson C. CONGRESS, THE COURT, AND FEDERALISM The Commerce Power and the Court - The Dormant Commerce Clause Pike v. Bruce Church (Pike Balancing Test) Facially Discriminating: Philadelphia v. N.J. Maine v. Taylor (exception) Discriminatory Purpose/Ends Hunt v. Washington State Apple Commision C&A Carbone v. Clarkstown Facially Neutral that Burdens Interstate Commerce Kassel v. Consolidated Freightways Co. Federal Preemption - 4 -
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III CHECKS AND BALANCES IN THE FEDERAL GOVERNMENT A. THE ROLE OF THE PRESIDENT Executive Authority : The Steel Seizure Case Youngstown Sheet and Tube Co.
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