Constitutional Law 1 Exam 1 Review Sheet
This exam is worth ten percent of your overall course grade
and will be comprised of 25 multiple choice questions.
For each case listed (unless otherwise indicated by “focus
on”), I expect you to be familiar with the facts, issues, holdings, and key
parts of the reasoning of the opinion of the Court, concurring and dissenting
opinions
Judicial Review and Democracy
Marbury v. Madison (1803)
Why is judicial review in tension with democracy?
Marbury v. Madison (1803)
Why is judicial review in tension with democracy?
Liberty of Contract
Lochner v. NY (1905)
West Coast Hotel Co. v. Parrish (1937)
Liberty of contract theory
Laissez-faire economics
Why do elected officials have a better institutional capacity than the judiciary to make economic policy?
Lochner v. NY (1905)
West Coast Hotel Co. v. Parrish (1937)
Liberty of contract theory
Laissez-faire economics
Why do elected officials have a better institutional capacity than the judiciary to make economic policy?
Theories of Constitutional Interpretation
Legal reasoning – four elements
Judges make the law
Legal realism
Stare decisis
Interpretivism
Noninterpretivism
Textualism
Originalism – Scalia’s view
Brennan on adaptability of constitutional principles to current problems
Activism and restraint, with respect to precedent and/or the decisions of elected officials
Supreme Court decision making: attitudinal model
Jurisdiction and Justiciable Controversies
Elk Grove Unified School District v. Newdow (2004): Focus on the Court using standing to avoid ruling on the constitutionality of requiring students to say the Pledge.
Baker v. Carr (1962) – Focus on Brennan’s outline of the contours of the political question doctrine
Goldwater v. Carter (1979)
Jurisdiction – two main paths of review to Supreme Court
Adverseness and advisory opinions
Standing
Ripeness
Mootness
Political question doctrine
Legal reasoning – four elements
Judges make the law
Legal realism
Stare decisis
Interpretivism
Noninterpretivism
Textualism
Originalism – Scalia’s view
Brennan on adaptability of constitutional principles to current problems
Activism and restraint, with respect to precedent and/or the decisions of elected officials
Supreme Court decision making: attitudinal model
Jurisdiction and Justiciable Controversies
Elk Grove Unified School District v. Newdow (2004): Focus on the Court using standing to avoid ruling on the constitutionality of requiring students to say the Pledge.
Baker v. Carr (1962) – Focus on Brennan’s outline of the contours of the political question doctrine
Goldwater v. Carter (1979)
Jurisdiction – two main paths of review to Supreme Court
Adverseness and advisory opinions
Standing
Ripeness
Mootness
Political question doctrine
President and Foreign Affairs Power
U.S. v. Curtiss-Wright Corp. (1936)
Sole organ theory
Powers of external sovereignty do not depend on the Constitution.
Youngstown Sheet and Tube v. Sawyer (1952) aka the Steel Seizure case
Jackson’s three-part framework
Jackson’s response to the argument that the president has undefined emergency powers
Dames and Moore v. Regan (1981)
Dames and Moore adopts Jackson’s framework but rules in favor of president.
U.S. v. Curtiss-Wright Corp. (1936)
Sole organ theory
Powers of external sovereignty do not depend on the Constitution.
Youngstown Sheet and Tube v. Sawyer (1952) aka the Steel Seizure case
Jackson’s three-part framework
Jackson’s response to the argument that the president has undefined emergency powers
Dames and Moore v. Regan (1981)
Dames and Moore adopts Jackson’s framework but rules in favor of president.
War-Making Powers
The Prize Cases (1863)
War Powers Resolution : How is it supposed to work? What are the problems with it?
The Prize Cases (1863)
War Powers Resolution : How is it supposed to work? What are the problems with it?
Emergency Powers and Civil Liberties
Ex Parte Milligan (1866)
Significance of courts being open in Indiana.
Korematsu v. U.S. (1944)
Recent Issues in the War on Terror
Hamdi v. Rumsfeld (2004): Focus on: Court held detention of Hamdi was authorized and “enemy combatants” have a right to challenge such a classification.
Rasul v. Bush (2004): Focus on: Habeas statute confers power of judicial review of alien detained at Guantanamo Bay.
Hamdan v. Rumsfeld (2006): Focus on: Court ruled against military commissions.
Presidential Accountability and Immunities
US v. Nixon (1974)
Nixon’s claim of absolute privilege
Limited privilege for presidential communications
Judicial need for fact finding and fair administration of justice
Clinton v. Jones (1997)
Immunity is based on function of office, not identity of official
Ex Parte Milligan (1866)
Significance of courts being open in Indiana.
Korematsu v. U.S. (1944)
Recent Issues in the War on Terror
Hamdi v. Rumsfeld (2004): Focus on: Court held detention of Hamdi was authorized and “enemy combatants” have a right to challenge such a classification.
Rasul v. Bush (2004): Focus on: Habeas statute confers power of judicial review of alien detained at Guantanamo Bay.
Hamdan v. Rumsfeld (2006): Focus on: Court ruled against military commissions.
Presidential Accountability and Immunities
US v. Nixon (1974)
Nixon’s claim of absolute privilege
Limited privilege for presidential communications
Judicial need for fact finding and fair administration of justice
Clinton v. Jones (1997)
Immunity is based on function of office, not identity of official
Congressional Power
INS v. Chadha (1983)
Legislative veto
Bicameral requirement and presentment clauses
Clinton v. City of New York (1998)
Line item veto
Difference between cancellation and return (veto) of a bill
Presentment clauses
INS v. Chadha (1983)
Legislative veto
Bicameral requirement and presentment clauses
Clinton v. City of New York (1998)
Line item veto
Difference between cancellation and return (veto) of a bill
Presentment clauses
