The Constitution and the Bill of Rights
a. Second Amendment
b. Techniques of Constitutional Interpretation and the Bill of Rights
i. Olmstead v. United States
ii. Read pp. 717-24; Olmstead v. United States, 277 U.S. 438 (1928) (edited
opinion on webcou
a. Judicial Review
i. Marbury v. Madison
1. The court has the power to determine constitutionality of
2. Provence of Judicial to say what the law is
3. Judicial power extends to all cases arising under the Constitution
Vieth v. Jubelirer
Plaintiffs are suing on an unconstitutional political gerrymander claim.
Is a claim of political gerrymandering justiciable.
Decline to adjudicate
Davis v. Bandemer held
Printz v. U.S.
The Brady Act required participation of local chief law enforcement officers in determinations
whether gun purchasers were eligible to own guns.
Can congress issue mandates to state agents?
N.Y. v. U.S.
A statute passed in 1986 had several provisions encouraging the states to secure disposal of
radioactive produced within them including one which provided that any state who had not
secured means of disposal for radioactive wast produce
McCulloch v. Maryland
Action brought by John James for himself and the state of Maryland against James McCulloch,
cashier of a branch of the Bank of the United States. James alleged that McCulloch had failed to
pay a state tax assessed against the b
Martin v. Hunters Lessee
Hunter claimed ownership to disputed land pursuant to a grant from the state of Virginia in 1789
which confiscated lands owned by British subjects. Martin, a British subject, claimed that the
attempted confiscation was ineff
Lujan v. Defenders of Wildlife
Organizations dedicated to wildlife conservation are seeking a declaratory judgment against the
regulation limiting the restriction of federal agencies actions which affect endangered species to
actions taken in the U.
Gibbons v. Ogden
NY State granted exclusive steam boat operating rights in its waters to Fulton and Livingston
who then licensed Ogden to operate a ferry between NYC and Elizabethtown Point NJ.
Gibbons operated a rival ferry service whose vessels we
Baker v. Carr
Voters in Tennessee brought suit challenging a provision enacted in 1901 that apportioned the
members of the state General Assembly among the states counties. Population growth and
redistribution led people to claim their voting power
Allen v. Wright
Parents of black school children brought a class action law-suit against the IRS claiming it had
not carried out on its obligation to deny tax-exempt status to private school that discriminated on
the basis of race.
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
Constitutional Law Part I. The Constitution and the Court A. The Judicial Function in Constitutional Cases Marbury v Madison FACTS: Marbury is a would-be Justice of the Peace for a federal position; Adams approved and signed him, but it was never del
Constitutional Law Prof. Mazzone Take home exam: 8 hour set on date registrar sets Treaties: Chemerinsky Web Course page on Lexis: Password = Hamilton 1/12/04 PRIVACY Roe v. Wade [p. 1172] 410 US 113 (1973) Tag line: Abortion > Rights of Mother v. St