1. Federalism Court Cases

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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