A Prologue on Constitutional History

Trumbull, Presentation of the Declaration of Independence

John Marshall (CJ )

Old Supreme Court Chamber ( )

Roger Taney (CJ )

Old Senate Chamber (Supreme Court Chamber )

Abraham Lincoln ( )

Salmon Chase (CJ ) Morrison Waite (CJ ) Melville Fuller (CJ )

Edward D. White (CJ ) William Howard Taft (CJ )

Charles Evans Hughes (CJ )

Supreme Court Building (1935-present)

Supreme Court Chamber (1935-present)

Franklin D. Roosevelt (President ) The Court Packing Plan 1937

Harlan Fiske Stone (CJ ) Fred Vinson (CJ )

Earl Warren (CJ )

The Warren Court (1966)

Warren E. Burger (CJ )

The Burger Court (1971)

William Rehnquist (CJ )

The Rehnquist Court (1995)

John Roberts (CJ )

The Roberts Court (2007)

An Introduction to Constitutional Decisionmaking

The Fourteenth Amendment United States Senate (1868)

Homer Plessy ( )

W.E.B. DuBois ( )

Charles Hamilton Houston ( )

Lloyd Gaines ( ?)

Thurgood Marshall ( )

Ada Lois Sipuel Fisher ( )

Heman Sweatt ( )

Brown v. Board of Educ. (1954)

McCulloch v. Maryland (1819) Enumerated Federal Power, Reserved State Authority: Introduction

The Commerce Clause ART. I, Sec. 8: The Congress shall have the power... [t]o regulate commerce... among the several States...

Gibbons v. Ogden (1824)

US v. E.C. Knight (1895)

Champion v. Ames (1903)

Swift & Co. v. US (1905)

Shreveport Rate Case (1914)

Hammer v. Dagenhart (1918)

Railroad Retirement Board v. Alton Railroad (1935)

Schechter Poultry (1935)

Carter v. Carter Coal Co. (1936)

Court Packing Plan (1937)

West Coast Hotel v. Parrish (1937)

NLRB v. Jones and Laughlin Steel Corp. (1937)

US v. Darby (1941)

Roscoe Filburn- Wickard v. Filburn (1942)

Heart of Atlanta Motel v. US (1964)

Katzenbach v. McClung (1964)

Perez v. US (1971)

Hodel v. Virginia Surface Mining & Reclamation Assn (1981)

US v. Lopez (1995)

Gonzalez v. Raich (2005)

Congressional Authority to Enforce Civil Rights

Fourteenth Amendment (1868) Thirteenth Amendment passes House (1865) Reconstruction Amendments Fifteenth Amendment (1870)

Enforcement Provisions Amendment 13, Sec. 2, Amendment 15, Sec. 2: Congress shall have power to enforce this article by appropriate legislation. Amendment 14, Sec. 5: Congress shall have power, by appropriate legislation, to enforce the provisions of this article.

Civil Rights Act of 1875

Joseph P. Bradley ( )

Voting Rights Act of 1965

Earl Warren ( )

William J. Brennan, Jr. ( )

Thurgood Marshall ( )

City of Boerne v. Flores (1997)

Anthony Kennedy (1936- )

Article 3, Section 2 (1787) The judicial power shall extend... to Controversies between two or more States; -- between a State and Citizens of another State; -- between Citizens of different States; and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. Eleventh Amendment (1798) The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

Americans with Disabilities Act (1990) Family and Medical Leave Act (1993) Violence Against Women Act (1994)

The Taxing Power and the Spending Power ART. I, Section 8: The Congress shall have power to lay and collect taxes,... to pay the Debts and provide for the common Defence and general Welfare of the United States.

McCray v. US (oleomargarine)(1904) US v. Doremus (opium)(1919)

Bailey v. Drexel Furniture Co. (1922)

US v. Kahriger (bookies) (1953)

US v. Butler (1936)

Steward Machine Co. v. Davis (1937)

South Dakota v. Dole (1987)

The Treaty Power ART. II, Section 2: The President shall have the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.

Missouri v. Holland (1920)

Tenth Amendment (1791) The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

W. Willard Wirtz, Secretary of Labor (Sept Jan. 1969) Maryland v. Wirtz (1968)

W.J. Usery, Jr., Secretary of Labor (Feb Jan.1977) National League of Cities v. Usery (1976)

Hodel v. Virginia Surface Mining & Reclamation Assn (1981)

Garcia v. San Antonio Metropolitan Transit Authority (1985)

National Commandeering

New York v. United States (1992)

Printz v. United States (1997)

The Dormant Commerce Clause

Gibbons v. Ogden (1824)

Cooley v. Board of Wardens of the Port of Philadelphia (1851)

Dean Milk Co. v. City of Madison (1951) Hughes v. Oklahoma (1979)

City of Philadelphia v. New Jersey (1978)

C&A Carbone v. Town of Clarkstown (1994)

Granholm v. Heald (2005)

United Haulers Assn, Inc. v. Oneida-Herkimer Solid Waste Management Authority (2007)

Kassel v. Consolidated Freightways Corp. (1981)

Hughes v. Alexandria Scrap Corp. (1976)

West Lynn Creamery, Inc. v. Healy (1994)

Camps Newfound/Owatonna, Inc. v. Town of Harrison (1997)

The Article IV Privileges and Immunities Clause Art. IV, Sec. 2, cl. 1: The Citizens of each State shall be entitled to all Privileges and Immuniteis of Citizens in the several States.

Corfield v. Coryell (1823)

United Building & Construction Trades Council of Camden County v. Mayor and Council of Camden (1984)

Separation of Powers

The Imperial Presidency

Youngstown Sheet & Tube Co. v. Sawyer (1952)

Foreign Relations

US v. Curtiss-Wright Export Corp. (1936)

US v. Belmont (1937)

War Powers Resolution (1973)

Dames & Moore v. Regan (1981)

Hamdi v. Rumsfeld (2004)

Jay Bybee (1953- )

Executive Privileges and Immunities

US v. Nixon (1974)

Nixon v. Administrator of General Services (1977)

A. Ernest Fitzgerald Nixon v. Fitzgerald (1982)

Clinton v. Jones (1997)

Legislative Overreaching »Delegation »Legislative Veto »Line-Item Veto

INS v. Chadha (1983)

Equal Protection 14 th Amendment (1868): No State shall... deny to any person within its jurisdiction the equal protection of the laws.

Loving v. Virginia (1967)

Yick Wo v. Hopkins (1886)

Fletcher v. Peck (1810)

Gomillion v. Lightfoot (1960)

Palmer v. Thompson (1971)

Washington v. Davis (1976)

Charles R. Lawrence, III

Shaw v. Reno

USDA v. Moreno (1973)

Bradwell v. Illinois (1873)

Pauli Murray

Ruth Bader Ginsburg

Equal Rights Amendment (submitted to states 1972) Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.

Craig v. Boren (1976)

United States v. Virginia (1996)

Buck v. Bell (1927)

Skinner v. Oklahoma ex rel. Williamson (1942)

Lochner v. New York (1905)

West Coast Hotel v. Parrish (1937)

Among the more egregious pre-Reynolds disparities (compiled by Congressman Morris K. Udall):Morris K. Udall In the Connecticut General Assembly one House district had 191 people; another, 81,000 (424 times more).Connecticut General AssemblyHouse In the New Hampshire General Court one township with three people had a Representative in the lower house; this was the same representation given another district with 3,244. The vote of a resident of the first township was therefore 1,081 times more powerful at the Capitol.New Hampshire General Courtlower house In the Utah State Legislature the smallest district had 165 people, the largest 32,380 (196 times the population of the other).Utah State Legislature In the Vermont General Assembly the smallest district had 36 people, the largest 35,000, a ratio of almost 1,000 to 1.Vermont General Assembly Los Angeles County, CaliforniaLos Angeles County, California; with 6 million people, had one member in the California State Senate, as did the 14,000 people of one rural county (428 times more).California State Senaterural In the Idaho Legislature the smallest Senate district had 951 people; the largest, 93,400 (97 times more).Idaho LegislatureSenate 17 members of the Nevada Senate represented as many as 127,000 or as few as 568 people, a ratio of 224 to 1.Nevada Senate Reynolds v. Sims (1964)

Hanging Chad Pregnant Chad Dimpled Chad Bush v. Gore (2000)

Jose and Lidia Lopez Plyler v. Doe (1982)

Meyer v. Nebraska (1923)

Margaret Sanger ( )

John Marshall Harlan II ( )

Estelle GriswoldWilliam O. Douglas ( ) Griswold v. Connecticut (1965)

Marcus Tullius Cicero ( BCE)

Robert Bork ( )

The Ninth Amendment (1791) The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Sarah Weddington ( ) Roe v. Wade (1973)

Sandra Day OConnor ( ) Planned Parenthood v. Casey (1992)

Tyron Garner and John Geddes Lawrence Lawrence v. Texas (2003)

Tyron Garner and John Geddes Lawrence Lawrence v. Texas (2003)

Tyron Garner and John Geddes Lawrence Lawrence v. Texas (2003)

Solicitor General Paul Clement Gonzales v. Carhart (2007)