Topics to review for the final examination:
1.The Commerce Clause
Review Commerce Clause jurisprudence beginning with Gibbons v. Ogden and ending with United States v. Morrison (2000), at text p. 937.
To what extent does Commerce Clause jurisprudence take into account the question of whether or not the regulated activity has a substantial effect on interstate commerce?
- Whether the Statute Regulates Commerce or Any Sort of Economic Enterprise
- Whether the Statute Contains Any Express Jurisdictional Element That Might Limit Its Reach
- Whether the Statute or Its Legislative History Contains Express Congressional Findings Regarding the Effects of the Regulated Activity Upon Interstate Commerce
- Whether the Link Between the Regulated Activity and a Substantial Effect on Interstate Commerce Is "Attenuated" or Less than Substantial
Cases to Review
Gibbons v. Ogden 841
Notes on Gibbons and the Court's Articulation of Commerce Clause Limits on National Power 844
United States v.E.C.Knight 848
Champion v. Ames 849
Hammer v. Dagenhart (The Child Labor Case) 851
Notes on The Child Labor Case and the Court's Narrow View of the Commerce Clause 853
Note on the New Deal's Early Difficulties Meeting Commerce Clause Scrutiny, 1934-36 854
National Labor Relations Board v. Jones & Laughlin Steel Corp. 857
United States v. Darby 858
Wickard v.Filburn 861
Notes on Civil Rights and Federalism 862
Heart of Atlanta Motel v. United States 863
Katzenbach v. McClung 865
Notes on the New Deal/Warren Court Dilution of Commerce Clause Limiting Doctrines 866
United States v. Lopez 869
Notes on Lopez and the Commerce Clause's New Teeth 880
Problem 7-2: The Reach of Commerce Clause Power After Lopez 882
United States v. Morrison, 937
2. The Separation of Powers
Explain how the Court's interpretation of the separation of powers enhances or constrains Congress, the President, and the Judiciary. How do the following cases define separation of powers jurisprudence?
Cases to Review
Allen v. Wright (1984),
Lujan v. Defenders of Wildlife (1992)
The Steel Seizure Cases (1952)
United States v. Nixon (1974)
Mistretta v. United States (1989)
INS v. Chadha (1983)
Morrison v. Olson (1988)
Commodities Futures Trading Commission v. Schor (1986)
3. The Constitution and Race
Cases to Review
Korematsu v. United States (1944)
Loving v. Virginia 182
Notes on Loving and Government Actions Classifying by Race. 185
Problem 3-1: Racial Classifications in Law Enforcement andAdoption 189
B. Facially Neutral Classifications (Discriminatory Intent
and Effect) 190
Yick Wo v. Hopkins 190
Notes on Yick Wo and Discriminatory Intent. 192
Washington v. Davis 196
Shelley v. Kraemer 219
Notes on Shelley 22l
Moose Lodge No. l07 v. lrvis 225
Notes on Moose Lodge 228
Edmonson v. Leesville Concrete Co. 232
The Boundaries of Constitutionally Permissible Affirmative Action
Cases:
Regents of the University of California v. Bakke. 241
Fullilove v.Klutznick : 244
City of Richmond v. JA. Croson Co. 256
Adarand Constructors, Inc. v. Pena 264