Cohens v. Virginia (1821)
Facts: An act of Congress authorized the operation of a lottery in the District of
Columbia. The Cohen brothers proceeded to sell D.C. lottery tickets in the state of
Virginia, violating state law. State authorities tr
PROPERTY RIGHTS AND THE DEVELOPMENT OF DUE PROCESS: TEXTUAL AND
NONTEXTUAL LIMITATIONS ON POLITICAL POWER
Antinomy- conflict between doctrines
Vested rights- sanctity of private property and demands that legislation not unduly or unreasonably
THE POLITICAL SUPREME COURT
Constitutional Law- the prevailing meaning of the Constitution as found mainly in decisions by the US Supreme Court.
Decisions are legal, vital foundation of political system.
FEDERALISM: NATION AND STATES IN THE CONSTITUTIONAL ORDER
Federalism- a dual system in which governmental powers are constitutionally distributed between central
(national) and local (state) authorities.
Antifederalists- opposed the ratification in 1787-1
COMMERCE POWER AND CONGRESS: BASIS OF THE MODERN STATE
Sherman Anti-Trust Act- Congress using its commerce power. Rationale: certain combinations and
conspiracies in businesses that had the effect of restraining or monopolizing interstate commerce should
COMMERCE POWER AND THE STATES: THE DORMANT COMMERCE CLAUSE
Police Power- general, residual, and regulatory authority retained by the states under the Constitution.
Taneys Court, only practical tool at hand to cope with the pressing problems of the day. T
Unstaged Debate of 1788: Alexander Hamilton v. Robert Yates- NY ratification struggle, Yates opposed
essays, worried about Supreme Court as powerful entity that can break away from
government. People cant impeach or appoint, anti-democratic
Munn v. Illinois (1877)- Upheld a statute fixing rates for grain warehouses. Chief Justice Waite:
principles of common law, reasoning that when people devote their property to a use in which the public
has an interest, the property ceases to be private (j
Modern Views of the Commerce Power
Wickard v. Filburn (1942)- upheld the marketing provisions and crop restrictions of the Agricultural
Adjustment Act of 1938 to a farmer who had grown excess wheat for consumption only on his own farm.
Although wheat neve
NATIONAL TAXING AND SPENDING POWER
Articles of Confederation- principle weakness of central government was lack of power by Congress to
levy taxes. Led to Constitutional Article I Section 8.
Direct Taxes- levied according to the rule of apportionment amo