Final Revision, 11/7/16

Transcription

1 Final Revision, 11/7/16 CONSTITUTIONAL LAW FALL, 2016 PROFESSOR WOLF Page number xv The Constitution of the United States CHAPTER 1 THE FEDERAL JUDICIAL POWER A. The Authority for Judicial Review 1 Marbury v. Madison 2 Notes on Marbury v. Madison 8 Authority for Judicial Review of State Judgments 10 MARTIN v. HUNTER S LESSEE 10 COHENS v. VIRGINIA 10 B. Limits on the Federal Judicial Power Interpretive Limits 11 How Should the Constitution Be Interpreted? The Second Amendment as an Example 13 District of Columbia v. Heller Justiciability Limits 33 a. Standing 33 Massachusetts v. Environmental Protection Agency 34 Hollingsworth v. Perry 40 United States v. Windsor 45 b. The Political Question Doctrine 53 i. The Political Question Doctrine Defined 53 What Is A Political Question? The Issues of Malapportionment and Partisan Gerrymandering 54 Baker v. Carr 55 ii. The Political Question Applied: Congressional Self-Governance 57 Powell v. McCormack 57 iii. The Political Question Doctrine Applied: Foreign Policy 59 CHAPTER 2 THE FEDERAL LEGISLATIVE POWER A. Introduction: Congress and the States 61 The Framework for Analysis: Mcculloch v. Maryland 62 McCulloch v. Maryland 63 B. The Necessary and Proper Clause 72 United States v. Comstock 72 C. The Commerce Power The Initial Era: Gibbons v. Ogden Defines the Commerce Power 79 Gibbons v. Ogden The 1890s-1937: A Limited Federal Commerce Power 82

2 a. What Is Commerce? 84 b. What Does Among the States Mean? 85 c. Does State Sovereignty Limit Congressional Power? s: Broad Federal Commerce Power 89 Key Decisions Changing the Commerce Clause Doctrine 90 NLRB v. Jones & Laughlin Steel Corp. 90 United States v. Darby 93 Wickard v. Filburn 96 The Meaning of Commerce Among the States 98 Civil Rights Laws 98 Heart of Atlanta Motel, Inc. v. United States 98 Katzenbach v. McClung 101 Regulatory Laws 101 HODEL v. INDIANA 102 Criminal Laws 103 PEREZ v. UNITED STATES 103 The Tenth Amendment Between 1937 and the 1990s 104 Garcia v. San Antonio Metropolitan Transit Authority s-???: Narrowing of the Commerce Power and Revival of the Tenth Amendment as a Constraint on Congress 110 a. What Is Congress s Authority to Regulate Commerce Among the States? 111 United States v. Lopez 111 United States v. Morrison 122 Gonzales v. Raich 130 b. Does the Tenth Amendment Limit Congress s Authority? 140 Printz v. United States 140 Reno v. Condon 148 D. The Taxing and Spending Power 150 Conditions on Grants to State Governments 151 South Dakota v. Dole 151 What Role Should Concern Over Protecting States Have in Defining Congress s Powers? 153 National Federation of Independent Business v. Sebelius 157 E. Congress s Powers Under the Post-Civil War Amendments Whom May Congress Regulate Under the Post-Civil War Amendments? 179 United States v. Morrison What Is the Scope of Congress s Power? 184 Katzenbach v. Morgan 184 City of Boerne v. Flores 189 CHAPTER 5 THE STRUCTURE OF THE CONSTITUTION'S PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES A. Introduction 297

3 B. The Application of the Bill of Rights to the States The Rejection of Application Before the Civil War 298 Barron v. Mayor City Council of Baltimore A False Start in Applying the Bill of Rights to the States: The Privileges or Immunities Clause and the Slaughter-House Cases 300 The Slaughter-House Cases 302 Saenz v. Roe The Incorporation of the Bill of Rights into the Due Process Clause of the Fourteenth Amendment 310 The Debate Over Incorporation 312 ADAMSON v. CALIFORNIA 313 The Current Law as to What's Incorporated 316 Duncan v. Louisiana 316 McDonald v. City of Chicago 319 The Content of Incorporated Rights 326 C. The Application of the Bill of Rights and the Constitution to Private Conduct The Requirement for State Action 328 The Civil Rights Cases Exceptions to the State Action Doctrine 331 a. The Public Functions Exception 333 Marsh v. Alabama 333 Terry v. Adams 335 Evans v. Newton 336 b. The Entanglement Exception 338 Judicial and Law Enforcement Actions 339 Shelley v. Kraemer 339 Government Regulation 342 Burton v. Wilmington Parking Authority 342 Moose Lodge No. 107 v. Irvis 344 Entwinement 356 Brentwood Academy v. Tenn. Secondary School Athletic Ass'n. 356 CHAPTER 6 ECONOMIC LIBERTIES A. Introduction 363 Historical Overview 363 Organization of the Chapter 365 B. Economic Substantive Due Process Introduction The Early History of Economic Substantive Due Process Substantive Due Process of the Lochner Era 368 Allgeyer v. Louisiana 369 Lochner v. New York 370 Laws Protecting Unionizing 376 Maximum Hours Laws 377 Muller v. Oregon 377

4 Minimum Wage Laws 379 Adkins v. Children s Hospital 379 Consumer Protection Legislation 381 Nebbia v. New York Economic Substantive Due Process Since Pressures for Change 383 The End of Lochnerism 384 West Coast Hotel Co. v. Parrish 384 United States v. Carolene Products Co. 386 Economic Substantive Due Process Since Williamson v. Lee Optical of Oklahoma, Inc. 388 CHAPTER 7 EQUAL PROTECTION A. Introduction Constitutional Provisions Concerning Equal Protection A Framework for Equal Protection Analysis 418 Question 1: What is the Classification? 418 Question 2: What is the Appropriate Level of Scrutiny? 419 Question 3: Does the Government Action Meet the Level of Scrutiny? 421 The Protection of Fundamental Rights Under Equal Protection 422 B. The Rational Basis Test Introduction Does the Law Have a Legitimate Purpose? 425 What Constitutes a Legitimate Purpose? 425 Romer v. Evans 425 Must it be the Actual Purpose, or Is a Conceivable Purpose Enough? 430 Cases in which Laws Are Deemed Arbitrary and Unreasonable 432 U.S. Department of Agriculture v. Moreno 432 City of Cleburne, Texas v. Cleburne Living Center, Inc. 435 C. Classifications Based on Race and National Origin Race Discrimination and Slavery Before the Thirteenth and Fourteenth Amendments 439 Dred Scott v. Sandford 440 Dred Scott v. Sandford 441 The Post-Civil War Amendments Strict Scrutiny for Discrimination Based on Race and National Origin Proving the Existence of a Race or National Origin Classification 446 a. Race and National Origin Classifications on the Face of the Law 446 Race-Specific Classifications that Disadvantage Racial Minorities 446 Korematsu v. United States 447 Racial Classifications Burdening Both Whites and Minorities 452 Loving v. Virginia 452 Laws Requiring Separation of the Races 455 Plessy v. Ferguson 456 Plessy v. Ferguson 456

5 The Initial Attack on Separate But Equal 459 Brown v. Board of Education 460 Brown v. Board of Education 461 b. Facially Neutral Laws with a Discriminatory Impact or with Discriminatory Administration 464 The Requirement for Proof of a Discriminatory Purpose 464 Washington v. Davis Racial Classifications Benefiting Minorities 486 The Emergence of Strict Scrutiny as the Test 488 The Arguments for and Against Strict Scrutiny 498 The Use of Race to Benefit Minorities in College and University Admissions 499 Gratz v. Bollinger 507 Fisher v. University of Texas at Austin (2013) 513 D. Gender Classifications The Level of Scrutiny 519 Early Cases Approving Gender Discrimination 520 The Emergence of Intermediate Scrutiny 522 Craig v. Boren 525 United States v. Virginia 528 CHAPTER 8 FUNDAMENTAL RIGHTS UNDER DUE PROCESS AND EQUAL PROTECTION A. Introduction 575 The Concept of Fundamental Rights 575 The Ninth Amendment 577 Procedural Due Process 577 B. Framework for Analyzing Fundamental Rights 578 First Issue: Is There a Fundamental Right? 578 Second Issue: Is the Constitutional Right Infringed? 579 Third Issue: Is There a Sufficient Justification for the Government's Infringement Of a Right? 580 Fourth Issue: Is the Means Sufficiently Related to the Purpose? 580 C. Constitutional Protection for Family Autonomy The Right to Marry 581 LOVING v. Virginia 581 Obergefell v. Hodges 588 D. Constitutional Protection for Reproductive Autonomy The Right to Purchase and Use Contraceptives 610 Griswold v. Connecticut The Right to Abortion 619 a. The Recognition and Reaffirmation of the Right to Abortion 619 Roe v. Wade 619 Planned Parenthood v. Casey 628 Planned Parenthood v. Casey (majority opinion only) 628 b. Spousal Consent and Notice Requirements 639

6 Planned Parenthood v. Casey (majority opinion only) 641 Syllabus for Fisher v. University of Texas at Austin (2016) Syllabus for Whole Woman's Health v. Hellerstedt LexisNexis Web Course LexisNexis Web Course