Federalism Court Cases

Marbury v. Madison (1803) Situation Plaintiff complaint Decision John Adams nominated justices of the peace in DC Senate confirmed BUT John Marshall (SoS) did not deliver all commissions before Jefferson took office Jefferson ordered Madison (his SoS) not to deliver commissions Plaintiff complaint Madison neglected his Constitutional duty not delivering the commissions Decision President can appoint but commission is the only proof so w/o the signature, process was not complete, so the judges were not confirmed Judicial Review - Established the right of the Supreme Court to judge whether cases were Constitutional or Unconstitutional

McCulloch v. Maryland (1819) Situation 1816 – Congress chartered the Second Bank of the United States 1818 – Maryland imposed taxes on the bank, McCulloch (director of the bank) refused to pay the tax Plaintiff complaint McCulloch should not need to pay the tax since this was a federal bank Decision States have no right to tax instruments of the federal gov’t that were executing constitutional powers Strengthened Supremacy Clause

Gibbons v. Ogden (1824) Situation Plaintiff complaint Decision New York law gave steamship rights to citizens of NY only, forcing other US citizens to pay a fee to use the NY shipping lanes Plaintiff complaint Gibbons insisted Ogden was given a state monopoly through this taxing law Decision By taxing out-of-state operators, NY was regulating coastal trade across states – a Congressional power – this meant the NY law was invalid because of the Supremacy Clause Established the nat’l gov’t had exclusive power over interstate commerce

Barron v. Baltimore (1833) Situation Plaintiff complaint Decision Barron owned a wharf in Baltimore harbor that was silted over as the city grew The silt in the harbor deprived Barron of his business Plaintiff complaint Baltimore should pay for a portion of the financial losses because of the expansion of the city Decision First eight amendments only apply to the national government, not to the states Supreme Court had no jurisdiction over this case

Gitlow v. New York (1925) Situation Plaintiff complaint Decision Gitlow was a socialist passing out a “left-wing manifesto” that called for the establishment of socialism through strikes and class action Convicted under the state anarchy law, which punished advocating the overthrow of the gov’t by force Plaintiff complaint Since the pamphlets did not lead to violent action, there is no reason he should be convicted Decision Free speech did not shield Gitlow from the NY statute because it could have resulted in violent action Legislature may decide an entire class of speech is so dangerous it could be prohibited

Wickard v. Filburn (1942) Situation Plaintiff complaint Decision Filburn was a farmer in Ohio and given an allotment of 11.1 acres of wheat by the Department of Agriculture Filburn harvested 22.1 acres of wheat and was penalized for it Plaintiff complaint Since the wheat was to be used by him for non-commerce reasons, the department had no right to penalize him since it was local use Decision Congress may use its Commerce power to regulate or prohibit activities provided the economic effects of such activities are substantial The overstep may eventually effect interstate commerce – directly or indirectly

US v. Lopez (1994) Situation Plaintiff complaint Decision Lopez – a 12th grader – brought a concealed weapon to a Texas high school Charged with violation of the Gun-Free School Zones Act of 1990 Found guilty and sentenced to 6 months imprisonment and 2 years supervised release Plaintiff complaint Congress overstepped its boundaries on this one by using the Commerce Clause as justification Decision Possession of a gun is in a school zone is not an economic activity that might have a substantial effect on interstate commerce Law is a criminal statute with nothing to do with “commerce” or any other economic activity

Printz v. US (1996) Situation Plaintiff complaint Decision Brady Handgun Violence Prevention Act required CLEOs (local chief law enforcement officers) to run background-checks on prospective handgun owners until the Attorney General established a federal system Plaintiff complaint Congress does not have the right to legislate this system under the Necessary and Proper Clause Decision State legislatures are not subject to federal direction and cannot be compelled to listen by federal law – even temporarily CLEOs could only voluntarily accept the suggestion

US v. Morrison (2000) Situation Plaintiff complaint Decision Christy Brzonkala was allegedly raped by Morrison and Crawford Morrison found guilty and suspended for 2 semesters; Crawford was not punished Brzonkala dropped out and sued Morrison, Crawford, and Virginia Tech for violation of the Violence Against Women Act of 1994 Act was passed under authority of Commerce Clause or Fourteenth Amendment Plaintiff complaint Morrison and Crawford said the act was unconstitutional Decision Congress lacked authority to enact this statute under the 14th Amendment and Commerce Clause since the act did not regulate an activity that substantially affected interstate commerce nor address harm caused by the state

Raich v. Gonzalez (2005) Situation Plaintiff complaint Decision 1996 – Cali legalized medical marijuana which conflicted the nat’l law on the possession of marijuana After a DEA agent seized doctor-prescribed marijuana from a patient’s home, users sued the DEA Plaintiff complaint Since this existed in Cali, Congress could not use the Commerce Clause to regulate or outlaw medical marijuana Decision Nat’l law did not exceed Congress’s powers given the Commerce Clause because the drug was a part of a “class of activities” w/ a substantial impact on interstate commerce Key – it was tied to significant economic effects of a market

National Federation of Independent Business v. Sebelius (2012) Situation Affordable Care Act (Obamacare) was passed in 2010 Contained a minimum coverage provision by amending the tax code and providing an individual mandate (you have to pay a tax penalty w/o insurance) Florida and 12 other states took the issue to court arguing this was unconstitutional Joined by 13 other states and the Nat’l Federation of Independent Businesses Plaintiff complaint Individual mandate exceeded the powers in the Commerce Clause Medicare expansions were unconstitutional Employer mandate interfered with state sovereignty Decision Tax falls under Congress’s ability so the penalty is constitutional but the individual mandate was not a valid exercise of their power because it only allows them to regulate EXISTING activity Individual mandate was not a valid exercise of the Commerce Clause

Obergefell v. Hodges (2015) Situation Plaintiff complaint Decision Groups of same-sex couples sued their relevant states to challenge the Constitutionality of those states’ same sex bans Ohio, Michigan, Kentucky, and Tennessee Plaintiff complaint Bans violated the Equal Protection and Due Process Clause of the Fourteenth Amendment Decision Fourteenth Amendment requires both marriage licensing and recognition for same-sex couples