Brandeis University

Politics Department

Professor Peter Woll

To help you review for this exam see Case Notes

Constitutional Law

Midterm Examination

Oct. 24, 2011


1. Two short essay questions . Outline the facts, reasoning, and rule of law for each case. Note the reasoning of the dissents.

Review the following cases and concepts:

Marbury v. Madison (1803).

McCulloch v. Maryland (1819).

Gibbons v. Ogden (1824)

Due Process Review

The SlaughterHouse Cases (1873)

Substantive Due Process

Lochner v. New York (1905).

The Brandeis Brief and Muller v. Oregon (1908)

Griswold v. Connecticut (1965).

Roe v. Wade (1973).

Some areas for review:

I. 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 respectively on substantive due process?

II. 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?

III. How did the Brandeis Brief derive from Justice Peckham's reasoning in Lochner v. New York (1905)? How would Brandeis reason in a brief arguing that the Texas abortion statute in Roe v. Wade (1973) is unconstitutional?