To help you review for this exam see Case Notes
Midterm Examination Oct. 25, 2006 Format 1. Five short questions out of a universe of 10 asking you to analyze cases and concepts from the following list. Review the following cases and concepts: Marbury v. Madison (1803), p. 86. McCulloch v. Maryland (1819), p. 822. Gibbons v. Ogden (1824), p. 841.
The Brandeis Brief and Muller v. Oregon (1908) Lochner v. New York (1905), p. 450. Griswold v. Connecticut (1965), p. 542. Roe v. Wade (1973), p. 495.
Constitutional Law
Equal Protection of the Laws
The Political Question Doctrine
Gomillion v.Lightfoot (1960)1195
Contrast Justice Brennan with Justice Frankfurter in Baker.
Notes on the Po1itica1 Question Doctrine Since Baker 1201
Nixon v. United States (1974) 1206
Some areas for review:
I. Constrast Justice Miller's opinion for the Court in The Slaughterhouse Cases with the dissenting opinions of Justices Bradley and Field . Which opinions reflected textual, original intent, or "normative" review methods. Which of the Slaughterhouse opinions were the closest to Justice Peckham's Lochner substantive due process method of review?
II. Analyze Lochner v. New York (1905) and Griswold v. Connecticut (1965) . Was the method of judicial review the same in each case? Were the critics of these opinions, the dissenters in each, correct in arguing that the Court based each decision on substantive due process?
III. Compare Chief Justice John Marshall's opinions and decisions in McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824). What method of judicial review did he use in each case? Did his opinions reflect "loose" or "strict" construction? How did his opinions reflect a Federalist view of the Constitution?