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Hayburn's Case

2 U.S. 409 2 Da. 1792 Decisions of courts under Article III not subject to revision by legislative or executive action. FALSE Yes Yes

Chisholm v. Georgia 2 U.S. 419 2 Da. 1793 Held that supreme or sovereign power was retained by citizens themselves, not by the "artificial person" of the State of Georgia. The Constitution made clear that controversies between individual states and citizens of other states were under the jurisdiction of federal courts. State conduct was subject to federal judicial review. Reaction produced the Eleventh Amendment, intended to prevent cases of this kind. FALSE Yes Yes
Georgia v. Brailsford 3 U.S. 1 3 Da. 1794 Jury has power to judge law in bringing general verdict. TRUE Yes Yes

Hylton v. U.S. 3 U.S. 171 3 Da. 1796 Sustained a tax on carriages as one on their "use" and therefore an "excise", subject only to the rule of uniformity, and not a "direct" tax subject to the rule of apportionment by population. FALSE No No Tax on carriage fees would have been excise, but not on possession of them.

Ware v. Hylton 3 U.S. 199 3 Da. 1796 Struck down a state statute that impaired the execution of a treaty, based on Supremacy Clause, but refused to pass on the question whether a treaty had been broken, as an improper interference with executive discretion under the separations of powers principle. FALSE Yes Yes

Hollingsworth v. Virginia 3 U.S. 378 3 Da. 1798 Congress may propose amendments to the Constitution by concurrent resolution, not requiring signature by the President. FALSE Yes Yes
Calder v. Bull 3 U.S. 386 3 Da. 1798 Every law, which makes criminal an act that was innocent when done, or which inflicts a greater punishment than the law annexed to the crime when committed, is an ex post facto law within the prohibition of the Constitution. Ex post facto clause applies only to penal and criminal statutes. TRUE Yes Yes
Marbury v. Madison 5 U.S. 137 1803 Courts must not sustain unconstitutional acts of government. TRUE Yes No Correct would have been that property right had not vested.

Ex parte
Bollman 8 U.S. 75 4 Cr. 1807 Power to suspend habeas corpus vested only in Congress, but "the power to award the writ by any of the courts of the United States, must be given by written law." FALSE Partly Partly Courts don't award writs, but hear writs filed by persons, and either authorize detention or not.
U.S. v. Burr 8 U.S. 469 4 Cr. 1807 Established standards of evidence for treason. TRUE Yes Yes

Bank of the United States v. Deveaux 9 U.S. 61 5 Cr. 1809 “That invisible, intangible, and artificial being, that mere legal entity, a corporation aggregate, is certainly not a citizen; and consequently cannot sue or be sued in the courts of the United States, unless the rights of the members, in this respect, can be exercised in their corporate name." FALSE Yes Yes But rights of members can always be thus exercised.

Fletcher v. Peck 10 U.S. 87 6 Cr. 1810 Held that the contracts clause protected public grants. The first case in which the Supreme Court held a state enactment to be in conflict with the Constitution. FALSE Yes Yes
U.S. v. Hudson 11 U.S. 32 7 Cr. 1812 Courts have no jurisdiction over common law crimes, but have inherent power to punish for contempt. TRUE Yes Partly Correct would have been that common law crimes are ex post facto.

The Brig Aurora

11 U.S. 382 7 Cr. 1813 Congress may legislate contingently, leaving to others the task of ascertaining the facts that bring its declared policy into operation. The revival of a law upon the issuance of a presidential proclamation was upheld. FALSE Partly Partly Opens way to delegation of lawmaking authority unless narrowly construed.

Martin v. Hunter's Lessee 14 U.S. 304 1 Wh. 1816 Constitution emanated from the people and was not the act of sovereign and independent States. FALSE Yes Yes

Sturges v. Crowninshield 17 U.S. 122 4 Wh. 1819 A State is without power to enforce any law governing bankruptcies, which impairs the obligation of contracts. FALSE Yes Yes
McCulloch v. Maryland 17 U.S. 316 4 Wh. 1819 National Bank was tax-exempt federal agency. Constitution emanated from the people and was not the act of sovereign and independent States. TRUE No No National bank also had commercial activity. Only its handling of federal funds is properly exempt. But worst was expansion of meaning of “necessary and proper”.

Houston v. Moore 18 U.S. 1 5 Wh. 1820 A militiaman who refused to obey a militia call-up was not "employed in the service of the United States so as to be subject to the article of war", but was liable to be tried for disobedience of the act of 1795. FALSE Yes Yes

Anderson v. Dunn 19 U.S. 204 6 Wh. 1821 Either branch of the legislature may attach and punish a person other than a member for contempt of its authority. Imprisonment by one of the Houses of Congress could not extend beyond the adjournment of the body which ordered it. Led to Act of January 24, 1857, 11 Stat. 155, which established penalties for contempt of Congress. With only minor modification, this statute is now 2 U.S.C. Sec. 192. FALSE No No Amendment needed for such authority.

Cohens v. Virginia 19 U.S. 264 6 Wh. 1821 Established two classes of jurisdiction, the first based on character of the cause (federal question), the second based on the character of the parties. FALSE Yes Yes
Gibbons v. Ogden 22 U.S. 1 9 Wh. 1824 Expanded definition of "commerce" from only transport and sale of tangible commodities to include "traffic", "navigation" or "commercial intercourse", and every species of movement of persons and things, whether for profit or not, across state lines. Expanded definition of "regulate" to be considered "plenary as to those objects". TRUE No No Distorted original meaning of “commerce” and “regulate”.

Wayman v. Southard 23 U.S. 1 10 Wh. 1825 Nondelegation doctrine based on separation of powers. The federal courts may establish rules of practice, provided such rules were not repugnant to the laws of the United States. Judicial power to make rules of procedure derived from, and subject to, congressional regulation. FALSE Partly Partly Each court may establish some kinds of rules for itself, but not for other courts.

Ogden v. Saunders 25 U.S. 213 12 Wh. 1827 Act of Congress to be presumed constitutional until proven otherwise. Narrowed by Kovacs v. Cooper, 336 U.S. 77 (1949) FALSE No No Presumption must always be against having authority.

American Ins. Co. v. Canter 26 U.S. 511 1 Pe. 1828 Congress authorized to create "legislative" (Article I) courts, as distinct from "constitutional" (Article III) courts, with judicial powers, and jurisdiction in non-state territories. Resulting powers. Government has powers which result from the whole mass of the powers of the National Government, and from the nature of political society, beyond those which are a consequence or incident of the powers specially enumerated. FALSE Partly No Can create administrative agencies with advisory powers only. There are no “resulting” powers.

Willson v. Black Bird Creek Marsh Co. 27 U.S. 245 2 Pe. 1829 Denied a challenge of a state law authorizing the building of a dam across a navigable creek, claiming the law was in conflict with the federal power to regulate interstate commerce, saying that the state act could not be "considered as repugnant to the [federal] power to regulate commerce in its dormant state[.]" (Origin of "dormant commerce clause" doctrine.) FALSE Yes Yes

Worcester v. Georgia 31 U.S. 515
1832 Upheld rights of Cherokees to remain in Georgia and retain their lands, and struck down state actions intended to deprive them of such lands, but Pres. Jackson refused to comply with court order, and allowed Cherokees to be driven out. FALSE Yes Yes But President Jackson defied the court decision.

U.S. v. Wilson 32 U.S. 150 7 Pe. 1833 Defined legal nature of a pardon as a grant of relief from enforcement of a court sentence. FALSE Yes Yes
Barron v. Baltimore 32 U.S. 243
1833 Federal courts do not have jurisdiction in cases in which a citizen sues his state for violation of any of the Bill of Rights. TRUE No No Bill of Rights, except for the First, extended federal court jurisdiction to such cases.

U.S. v. Clarke 33 U.S. 436 8 Pe. 1834 The United States is "not suable of common right, the party who institutes such suit must bring his case within the authority of some act of Congress." Established doctrine of sovereign immunity for federal government. FALSE No No Government must always be suable, but is immune from execution of money judgment except through process established by law.

U.S. v. Bailey 34 U.S. 238 9 Pe. 1835 Upheld prosecution for violation of a regulation rather than the act itself. FALSE No No Violates nondelegation principle.

Rhode Island v. Massachusetts 37 U.S. 657 12 Pe. 1838 “[T]he distribution and appropriate exercise of the judicial power must ... be made by laws passed by Congress. ..." FALSE Yes Partly
Games v. Dunn 39 U.S. 322 14 Pe. 1840 When judge and jury disagree on a question of law, the decision of the judge prevails. Previously, the decision of the jury prevailed. Enabled judge to decide cases without a jury. TRUE No No Either judge or jury may override the other in favor of the defendant on both fact and law. See Stettinius v. U.S.

Groves v. Slaughter 40 U.S. 449 15 Pe. 1841 The power to regulate commerce did not imply the power to prohibit it. FALSE Yes Yes Overturned by Champion v. Ames (1903).

Louisville, C. & C.R. Co. v. Letson 43 U.S. 497 2 Ho. 1844 “[A] corporation created by and doing business in a particular State, is to be deemed to all intents and purposes as a person, although an artificial person, an inhabitant of the same State, for the purposes of its incorporation, capable of being treated as a citizen of that State, as much as a natural person." FALSE Yes Partly Person yes, but not citizen. Only follows 2000 years of law regarding persons as roles in judicial proceedings.

Luther v. Borden 48 U.S. 1 7 Ho. 1849 Found that the Rhode Island legislature had been authorized to resort to the rights and usages of war in combating insurrection in that State, and that state declarations of martial law were conclusive and therefore not subject to judicial review, but properly within the discretion of Congress and the President. But the "insurrection", Dorr's Rebellion, was an attempt to compel compliance with state constitution by noncompliant state government, after exhausting lesser remedies. FALSE No No Failure to guarantee republican form of government.

Marshall v. Baltimore & Ohio R. Co. 57 U.S. 314 16 Ho. 1854 Created a conclusive presumption that all of the stockholders of a corporation are citizens of the State of incorporation, for purposes of representing them as a single corporate person. FALSE No No Prudential decision, not a constitutional one.

Murray's Lessee v. Hoboken Land & Improvement Co. 59 U.S. 272 18 Ho. 1856 Sustained tax assessment and collection as executive acts which may be decided in Article I court. FALSE No No Presumption must always be against having authority.

Ex parte
Secombe 60 U.S. 9 19 Ho. 1857 The power of the federal courts to admit and disbar attorneys rests on the common law from which it was originally derived. FALSE No No Amendment needed for such authority.

Dred Scott v. Sandford 60 U.S. 393 19 Ho. 1857 Held rights protected by Constitution apply to citizens rather than persons, and that blacks and their descendants were not embraced within the term "citizen" as used in the Constitution. FALSE No No Rights explicitly attach to personhood, not citizenship, in Constitution.

Kentucky v. Dennison 65 U.S. 66 24 Ho. 1861 In all cases where original jurisdiction is given by the Constitution, the Supreme Court has authority "to exercise it without further act of Congress to regulate its powers or confer jurisdiction..." FALSE Yes Yes

The Prize Cases

67 U.S. 635 2 Bl. 1863 Sustained the blockade of the Southern ports instituted by Lincoln in 1861, without a declaration of war, at a time when Congress was not in session, affirming a state of war could exist without formal declaration by Congress, imposed by the enemy, and requiring an immediate response without first getting authority from Congress in a declaration of war. FALSE No No Amendment needed for such authority.

Ex parte
Vallandigham 68 U.S. 243 1 Wa. 1864 Held only Congress can authorize the substitution of military tribunals for civil tribunals for the trial of offenses; and Congress can do so only in wartime, but while war was still flagrant it had no power to review the proceedings of a military commission ordered by a general officer of the Army. FALSE No No Amendment needed for such authority.

Gilman v. Philadelphia 70 U.S. 713 3 Wa. 1866 Congress has jurisdiction under commerce clause over "all the navigable waters of the United States which are accessible from a State other than those in which they lie" and that this "includes the power to keep them open and free from any obstruction to their navigation, interposed by the States or otherwise; to remove such obstructions when they exist; and to provide, by such sanctions as they may deem proper, against the occurrence of the evil and for the punishment of offenders." FALSE No No Commerce power only authorizes requirement to pass through inspection checkpoints, does not confer territorial jurisdiction.
Ex parte
Milligan 71 U.S. 2 4 Wa. 1866 Trial by a military commission of a civilian charged with disloyalty in a part of the country remote from the theater of military operations was held invalid. Civil court review of court-martial decisions is possible through habeas corpus jurisdiction. "The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances." Held the Writ is not suspended but only the privilege, so that the Writ would issue and the issuing court on its return would determine whether the person applying can proceed. TRUE Yes Yes

Cummings
Missouri 71 U.S. 277 4 Wa. 1867 Cummings v. Missouri, 4 Wall. (71 U.S.) 277, 323 (1867) The phrase "bill of attainder", as used in Art. I Sec. 9 and 10 applies to bills of pains and penalties as well as to the traditional bills of attainder imposing capital penalties. FALSE Yes Yes Goes beyond language of Constitution, but not beyond apparent intended meaning.

Ex parte
Garland 71 U.S. 333 4 Wa. 1867 Effect of pardon is to prevent or remove all penalties and disabilities that result, or might result, from a conviction and sentence, and in this case, relieved person from having to declare guilt for a pardoned offense in an oath required for the practice of law. FALSE Yes Partly Pardon only relieves punishment, not conviction, but does raise sufficient doubt about conviction.

Mississippi v. Johnson 71 U.S. 475 4 Wa. 1867 President declared beyond the reach of judicial direction, either affirmative or restraining, in the exercise of his powers, whether constitutional or statutory, political or otherwise, save perhaps for what must be a small class of powers that are purely ministerial. FALSE Partly Partly Judicial orders may not be enforceable on President, but can be issued anyway.

DeGroot v. U.S. 72 U.S. 419 5 Wa. 1867 Supreme Court has appellate jurisdiction over Article I courts. FALSE Yes Yes
Ex parte
McCardle 74 U.S. 506
1868 Congress may remove jurisdiction from the Supreme Court. TRUE No No It may remove jurisdiction it has conferred, but only to move it to another appellate court.

Paul v. Virginia 75 U.S. 168 8 Wa. 1869 Insurance transactions carried on across state lines not interstate commerce. Later overturned by United States v. South-Eastern Underwriters Assn., 322 U.S. 533 (1944). FALSE Yes Yes Services not included in “commerce”.

Veazie Bank v. Fenno 75 U.S. 533 8 Wa. 1869 Congress may restrain the circulation of notes not issued under its own authority. FALSE No No

Knox v. Lee (Legal Tender Cases) 79 U.S. 457 12 Wa. 1871 Congress had authority to issue treasury notes and to make them legal tender in satisfaction of antecedent debts. FALSE No No

U.S. v. Klein 80 U.S. 128 13 Wa. 1872 President has authority under the pardon power to grant amnesty for completed offenses against the United States not yet indicted. FALSE No No Pardon power is not authority to control judicial processes.

Reading Railroad v. Pennsylvania (State Freight Tax Case) 82 U.S. 232 15 Wa. 1873 First case to strike down a state law solely on commerce clause grounds. FALSE Yes Partly

Slaughterhouse Cases

83 U.S. 36
1873 Introduced notion of substantive due process and practice of selective incorporation of federal rights under the 14th Amendment. FALSE Yes No Introduced “selective incorporation” and disparaged “privileges or immunities”.

Ex parte
Robinson 86 U.S. 505 19 Wa. 1874 “The power to punish for contempts is inherent in all courts." FALSE No Partly Judges can control their court sessions but amendment needed to enforce orders beyond session.

New Orleans v. The Steamship Co. 87 U.S. 387 20 Wa. 1874 The Constitution does not follow the advancing troops into conquered territory. Persons in such territory held entirely beyond the reach of constitutional limitations and subject to the laws of war as interpreted and applied by the Congress and the President. FALSE No Partly Depends on the situation.

Kohl v. U.S. 91 U.S. 367
1875 Extended power of federal eminent domain to parcels on state territory without state legislative consent or having to go through state eminent domain process. FALSE No No No federal eminent domain power on state territory.

U.S. v. Fox 95 U.S. 670
1877 Reversed conviction for bankruptcy fraud, but in dictum affirmed Congress has power to create, define, and punish crimes and offenses whenever necessary to effectuate the objects of the Federal Government, without an express delegation of penal power, under necessary and proper clause, thereby abandoning doctrine of 1798 that Congress had no such implied penal powers. FALSE No No Amendment needed for such authority.
U.S. v. Hall 98 U.S. 343
1878 Congress may prohibit embezzlement of pension payments, enforceable by deprivation of liberty. TRUE No No Amendment needed for such authority.

Tennessee v. Davis 100 U.S. 257
1880 Sustained removal from a state to a federal court of a criminal prosecution against a federal officer for acts done under color of federal law. FALSE No No Amendment needed for such authority.

U.S. v. Lee 106 U.S. 196
1882 Qualified earlier holdings to the effect that where a judgment affected the property of the United States the suit was in effect against the United States, by ruling that title to property was not legally vested in the United States but was being held illegally under an unlawful order of the President. FALSE Yes Yes

U.S. v. Stanley (Civil Rights Cases) 109 U.S. 3
1883 The Equal Protection and Enforcement Clauses of 14th amendment apply only to state action, not discrimination by private individuals or privately owned businesses. But see U.S. v. Guest (1966). FALSE Yes Yes

Julliard v. Greenman (Legal Tender Cases) 110 U.S. 421
1884 Congress may authorize the issuance of treasury notes impressed with the quality of legal tender in payment of private debts. FALSE No No Opened way to debt-based currencies.
Hurtado v. California 110 U.S. 516
1884 States not required to indict by grand jury. TRUE No No

Ex parte
Yarbrough 110 U.S. 651
1884 Congress has implied power to punish conspiracy to injure a citizen in the free exercise or enjoyment of any right or privilege secured by the Constitution or laws of the United States. FALSE Yes Partly Only applies to state actors, mot private persons or federal actors.

Head Money Cases

112 U.S. 580
1884 Treaties do not prevail over later acts of Congress in conflict with them, but are superseded by principle of leges posteriores priores contrarias abrogant, and act of Congress may rescind a treaty. FALSE Yes Yes

U.S. v. Kagama 118 U.S. 375
1886 Rejecting the commerce clause as a basis for congressional enactment of a system of criminal laws for Indians living on reservations, the Court nevertheless sustained the act on the ground that the Federal Government had the obligation and thus the power to protect a weak and dependent people. FALSE No No Amendment needed for such authority.

Santa Clara County v. Southern Pacific R.R. 118 U.S. 394
1886 Taken as precedent that a corporation is a "person" under 14th Amendment, but that expressed only in headnote, not in opinion. FALSE Yes Partly Defective on other points.

U.S. v. Pacific Railroad 120 U.S. 227
1887 Held that the United States was not responsible for the injury or destruction of private property by military operations, but claims for property of loyal citizens taken for the use of the national forces were compensable. FALSE No No

Baldwin v. Franks 120 U.S. 678
1887 Congress may penalize private acts of violence within a state if such act violates the rights of an alien under a treaty. FALSE Yes Yes Law of nations.

Callan v. Wilson 127 U.S. 540
1888 Residents of federal enclave under Art. I Sec. 8 cl. 17 are entitled to all the guarantees of the United States Constitution including the privilege of trial by jury. FALSE Yes Yes

Kidd v. Pearson 128 U.S. 1
1888 Manufacturing, even when the product would move in interstate commerce, is not reachable under the commerce clause. Later overturned by NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1 (1937). FALSE Yes Yes

Hans v. Louisiana 134 U.S. 1
1890 Held Eleventh Amendment creates sovereign immunity of states against suits by their own citizens, as well as by citizens of other states. FALSE No No Immunity from execution of money judgment but not from suit, except from funds appropriated by law.

In re
Neagle 135 U.S. 1
1890 Established rule that federal actor may not be charged or convicted under state law if the subject was performing federal duties at the time. FALSE No No Although a conviction could be appealed.

In re v. Ross 140 U.S. 453
1891 Constitution made for, and is binding only in, the United States of America. FALSE Yes Partly Does follow U.S. government personnel abroad.

U.S. v. Texas 143 U.S. 621
1892 Federal courts have jurisdiction, as a federal question, in case of United States against a state, even though the United States not an enumerated party in Article III. FALSE Yes Yes

Field v. Clark 143 U.S. 649
1892 Nondelegation doctrine based on separation of powers. FALSE Yes Yes Based on clear language delegating legislative power exclusively to Congress.

Logan v. U.S. 144 U.S. 263
1892 Congress may prohibit injury or death of persons in custody of U.S. officials, caused by any person, enforceable by deprivation of life or liberty. FALSE No No Amendment needed for such authority, except on non-state territory.

U.S. v. E. C. Knight Co. (Sugar Trust Case) 156 U.S. 1
1895 Constitutionality of Sherman Antitrust Act of 1890 not addressed, but decision on construction of the Act impaired its effectiveness. "... the independence of the commercial power and of the police power, and the delimination between them ... should always be recognized and observed..." Maintained that: production is always local, and under the exclusive domain of the States; commerce among the States does not begin until goods "commence their final movement from their State of origin to that of their destination"; the sale of a product is merely an incident of its production. Commerce clause only extends to activity with a "direct" effect on interstate commerce. Overturned by Swift & Co. v. United States, 196 U.S. 375 (1905). FALSE No Partly “Activity” not included in “commerce”.
Sparf & Hansen v. U.S. 156 U.S. 51 ,64 1895 Jurors do not need to be informed of their power to judge the law in bringing a general verdict. TRUE No No Instruction may not be needed but judge does not have authority to prevent them from being so informed.
Coffin v. U.S. 156 U.S. 432
1895 Court must instruct jury in criminal case that accused is presumed innocent. TRUE Yes Yes Prudential decision, not a constitutional one.

Pollock v. Farmers' Loan & Trust Co. 157 U.S. 429
1895 Interest received by a private investor on state or municipal bonds was held to be exempt from federal taxation, and tax on income from property is a direct tax subject to apportionment. Income tax amendment intended to overturn. (Overturned by South Carolina v. Baker, 485 U.S. 505 (1988).) FALSE No No Tax on revenue to corporate entity is never direct, because it can be passed on to individuals. It may or may not be to individuals, depending on whether they can pass it on.

Plessy v. Ferguson 163 U.S. 537
1896 Sustained Louisiana's 1890 Separate Car Act, held that "separate" facilities for blacks and whites were constitutional as long as they were "equal." The "separate but equal" doctrine was later extended to cover many areas of public life, such as restaurants, theaters, restrooms, and public schools, but was overturned by Brown v. Board of Education, 347 U.S. 483. FALSE No Partly Violated equal protection by making a racial distinction, but only to the extent of state actor involvement.

In re
Kollock 165 U.S. 526
1897 Sustained a criminal conviction for violation of a regulation under an act to regulate commerce, which was ruled merely a matter of detail. FALSE No No Opened way to criminal prosecution under Commerce Clause.

Addyston Pipe and Steel Co. v. U.S. 175 U.S. 211
1899 Upheld Sherman Antitrust Act of 1890 to break up industrial combination to divide territories among themselves. FALSE No No Amendment needed for such authority, except on non-state territory.

Louisiana v. Texas 176 U.S. 1
1900 Recognized right of a State to sue as parens patriae, on behalf of its citizens, but denied it standing in this particular case. FALSE Partly Partly

De Lima v. Bidwell 182 U.S. 1
1901 The Constitution is not automatically applicable in all territories acquired by the United States, the question turning upon whether Congress has made the area "incorporated" or "unincorporated" territory. FALSE Partly Partly

Downes v. Bidwell 182 U.S. 244
1901 Constitution made for, and is binding only in, the United States of America. FALSE Yes Partly Does follow U.S. government personnel abroad.

Reid v. Colorado 187 U.S. 137
1902 Upheld first statute, passed in 1884, to impose criminal penalties for a violation of a regulation of interstate commerce, which prohibited transportation of diseased livestock across a state line. This overturned understanding that commerce power did not imply penal power. FALSE No No Opened way to criminal prosecution under Commerce Clause.

Lone Wolf v. Hitchcock 187 U.S. 553
1903 Sustained statute which modified rights of Indian tribal members in tribal lands, thereby violating treaty with them. FALSE No No

Champion v. Ames 188 U.S. 321
1903 Extended power to regulate to include power to prohibit. FALSE No No

McCray v. U.S. 195 U.S. 27
1904 Tax may be imposed for regulatory or prohibitory purposes rather than to raise revenue. FALSE No No

Swift & Co. v. U.S. 196 U.S. 375
1905 Business transactions, and the like, which are antecedent to or subsequent to a move across state lines, are conceived to be part of an integrated commercial whole and therefore subject to the reach of the commerce power. FALSE No No
Lochner v. New York 198 U.S. 45
1905 State statute restricting hours of work is a violation of due-process protection of 14th Amendment. TRUE Yes Yes

State of South Carolina v. U.S. 199 U.S. 437
1905 Commercial sales by state-owned entity subject to federal excise tax. FALSE Yes Yes

Illinois Central Railroad v. McKendree 203 U.S. 514
1906 Upheld criminal penalties for violations of regulations of interstate commerce, the first such penalties being in an act prohibiting the exportation or shipment in interstate commerce of livestock having any infectious disease, 23 Stat. 31 (1884), but held federal quarantine regulations of this sort to be constitutionally inapplicable to intrastate shipments of livestock, on the ground that federal authority extends only to foreign and interstate commerce. FALSE No No

Loewe v. Lawlor (The Danbury Hatters Case) 208 U.S. 274
1908 Combinations of employees engaged in such intrastate activities as manufacturing, mining, building, construction, and the distribution of poultry were subjected to the penalties of the Sherman Act because of the effect or intended effect of their activities on interstate commerce. FALSE No No

Ex parte
Young 209 U.S. 123
1908 Eleventh Amendment does not bar injunctive relief by federal courts against unconstitutional acts of state official, only against the State itself. FALSE Yes Partly Intent of the 11th Amendment was only about money damages.
Twining v. New Jersey 211 U.S. 78
1908 State not required to protect right against self-incrimination. TRUE No No

U.S. v. Grimaud 220 U.S. 506
1911 If Congress so provides, violations of valid administrative regulations may be punished as crimes. FALSE No No

Houston & Texas Ry. v. U.S. 234 U.S. 342
1914 It may be necessary to regulate "purely" intrastate activities in order that the regulation of interstate activities might be fully effectuated. FALSE No No Only passage through checkpoints.

Brushaber v. Union Pacific R. Co. 240 U.S. 1
1916 The taxing power "reaches every subject" and "embraces every conceivable power of taxation." FALSE No No Only certain kinds of things are proper taxable objects.

Butler v. Perry 240 U.S. 328
1916 The Thirteenth Amendment does not preclude enforcement of those duties which individuals owe to the State, such as service in the army, militia, jury, etc. FALSE Yes Yes

Caminetti v. U.S. 242 U.S. 470
1917 Upheld statute forbidding transportation of female across state line for noncommercial sexual purposes, to enforce majority conceptions of morality, as within the scope of the commerce clause. FALSE No No

Selective Draft Law Cases

245 U.S. 366
1918 National Government may conscript into the military under the power to raise and support armies, and that the power of Congress to mobilize an army was distinct from its authority to provide for calling the militia and was not qualified or in any wise limited thereby. Authorized delegation of duties to state officials to enforce federal laws. FALSE No No Power to raise an army is only to hire volunteers.

Hammer v. Dagenhart 247 U.S. 251
1918 Congress not empowered to ban from the channels of interstate commerce goods made with child labor, since Congress' power was to prescribe the rule by which commerce was to be carried on and not to prohibit it, except with regard to those things the character of which -- diseased cattle, lottery tickets -- was inherently evil. Overturned by United States v. Darby, 312 U.S. 100 (1941). FALSE Yes Partly

Nortz v. U.S. 249 U.S. 317
1935 Congress may require the surrender of gold coin and of gold certificates in exchange for other currency not redeemable in gold. FALSE No No

U.S. v. Ferger 250 U.S. 199
1919 Congress has criminal jurisdiction over fraud which obstructs or influences interstate commerce. FALSE No No Amendment needed for such authority, except on non-state territory.

Missouri v. Holland 252 U.S. 416
1920 Sustained power of Congress to implement terms of treaty to protect migratory birds which involved exercise of powers which it is not authorized to exercise without a treaty. Inconsistent with Reid v. Covert, 354 U.S. 1 (1957), but that decision failed to reject it. FALSE No No

U.S. v. Simpson 252 U.S. 465
1920 Further expanded definition of "interstate commerce" to include every species of communication, every species of transmission of intelligence, whether for commercial purposes or otherwise. See also Caminetti v. United States, 242 U.S. 470 (1917). FALSE No No

U.S. ex rel. Milwaukee Publishing Co. v. Burleson 255 U.S. 407
1921 Sustained an order of the Postmaster General excluding from the second-class privilege a newspaper he had found to have published material in contravention of the Espionage Act of 1917, but avoided the claim of absolute power in Congress to withhold the privilege. FALSE No No

Stafford v. Wallace 258 U.S. 495
1922 Upheld the Packers and Stockyards Act (1921), whereby the business of commission men and livestock dealers in the chief stockyards of the country was brought under national supervision. "Whatever amounts to more or less constant practice, and threatens to obstruct or unduly to burden the freedom of interstate commerce is within the regulatory power of Congress under the commerce clause". Based on Swift & Co. v. United States, 196 U.S. 375 (1905). FALSE No No Amendment needed for such authority, except on non-state territory.

Massachusetts v. Mellon 262 U.S. 447
1923 Denied state has standing as parens patriae to represent the constitutional rights of its citizens against the federal government. FALSE No No

Frothingham v. Mellon 262 U.S. 447
1923 Neither a State nor an individual citizen has standing for a remedy in the federal courts against an alleged unconstitutional act without having incurred prior actual or threatened personal injury to a legal right. FALSE No No

Michaelson v. U.S. 266 U.S. 42
1924 Congress may not regulate the contempt power in a way that disables "the power to deal summarily with contempt committed in the presence of the courts or so near thereto as to obstruct the administration of justice" FALSE Yes Partly

Brooks v. U.S. 267 U.S. 432
1925 Congress can exercise a police power by regulating interstate commerce to the extent of forbidding and punishing the use of such commerce as an agency to promote immorality, dishonesty, or the spread of any evil or harm to the people of other states from the state of origin. FALSE No No

Gitlow v. New York 268 U.S. 652
1925 While holding that First Amendment right of free speech does apply to the States under 14th Amendment, it also sustained state statute making it a crime to advocate overthrow of the government, and that a state may forbid both speech and publication if they have a tendency to result in action dangerous to public security, even though such utterances create no clear and present danger. FALSE No No Forbidden by 9th Amendment.
Connally v. General Const. Co. 269 U.S. 385
1926 State statute void for vagueness. TRUE Yes Yes

Myers v. U.S. 272 U.S. 52
1926 Held the removal power to be constitutionally vested in the President, and the powers vested in Congress are to be read as exceptions which must be strictly construed in favor of powers retained by the President. Dictum established the doctrine of the "inherent powers" of the President. FALSE Yes Partly

McGrain v. Daugherty 273 U.S. 135
1927 [T]he power of [congressional] inquiry -- with process to enforce it -- is an essential and appropriate auxiliary to the legislative function." But may exercised only within its proper legislative function. FALSE Yes Partly Congressional committee may sit as a grand jury, but needs statute to authorize that, and a court to enforce orders and subpoenas.

Olmstead v. U.S. 277 U.S. 438
1928 Sustained conviction based on evidence obtained by illegal wiretapping, but dissent of Brandeis held it a violation of Fourth and Fifth amendments: "The right to be left alone is the most comprehensive of rights…”. FALSE No No Brandeis got it right.

Crowell v. Benson 285 U.S. 22
1932 Administrative tribunal may make findings of fact and render an initial decision of legal and constitutional questions, as long as there is adequate review in a constitutional court. FALSE Yes Yes But only if court does not defer to judgment of administrative tribunal.

Burnet v. Coronado Oil & Gas Co. 285 U.S. 393
1932 Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right...[but] in cases involving the Federal Constitution, ... [t]he Court bows to the lessons of experience and the force of better reasoning." FALSE Yes Partly Binding stare decisis is inherently unconstitutional.

U.S. v. Shreveport Grain & Elevator Co. 287 U.S. 77
1932 The legislative power of Congress cannot be delegated. FALSE Yes Yes

U.S. v. Flores 289 U.S. 137
1933 Under piracy and felonies clause, Congress has authority to define and punish crimes committed on vessels of the United States not only while on the high seas but also while in the territorial waters of another country. FALSE Yes Yes But may be subject to laws of the other country within its territorial waters.

Long v. Ansell 293 U.S. 76
1934 Congressional privilege from arrest applies only to arrests in civil suits, which were still common in this country at the time the Constitution was adopted. It does not apply to service of process in a civil case, or to arrest in any criminal case. FALSE Yes Partly But detention not to be used to prevent a member from voting.

Panama Refining Co. v. Ryan 293 U.S. 388
1935 Delegation of legislative powers to administrator not bounded by "intelligible principles" is not permitted. Orders were nowhere published and notice of regulations bearing criminal penalties for their violations was spotty at best. Led to Federal Register Act, 49 Stat. 500 (1935), 44 U.S.C. Sec. 301, providing for publication of Executive Orders and agency regulations in the daily Federal Register. FALSE Yes Partly Criminal penalties for violating regulations applicable only to federal actors on non-state territory.

Norman v. Baltimore & O.R. Co. 294 U.S. 240
1935 Sustained the power of Congress to abrogate the clauses in private contracts calling for payment in gold coin, even though such contracts were executed before the legislation was passed. FALSE No No

A. L. A. Schechter Poultry Corp. v. U.S. 295 U.S. 495
1935 Struck down provisions of National Industrial Recovery Act (NIRA) (1933). Allowed "legislative standards" test to allow limited delegation of legislative authority to executive agency, but held that once items in commerce come to rest, interstate commerce in them ceases, and that the "effect" on interstate commerce had to be "direct" to subject it to regulation under the commerce clause. FALSE Yes Partly “Direct effects” not subject to regulation, unless done by state actors.

U.S. v. Butler 297 U.S. 1
1936 Welfare clause is a broad grant of power rather than only a restriction on the power to tax, but struck down the Agricultural Adjustment Act of 1933 as an attempt to regulate production, a subject held to be "prohibited" to the United States by the Tenth Amendment. FALSE Yes Partly Welfare Clause not a grant of power.

U.S. v. Curtiss-Wright Corp. 299 U.S. 304
1936 Domestic powers limited under the enumerated powers doctrine and foreign powers virtually free of any such restraint. "The power to declare and wage war, to conclude peace, to make treaties, to maintain diplomatic relations with other sovereignties, if they had never been mentioned in the Constitution, would have vested in the Federal Government as necessary concomitants of nationality." (Inherent power doctrine.) FALSE Yes No Opinion far too broad.

Aetna Life Ins. Co. v. Haworth 300 U.S. 227
1937 Sustained statute to confer upon the courts the power to exercise in some instances preventive relief, a declaratory judgment that differs in no essential respect from any other judgment except that it is not followed by a decree for damages, injunction, specific performance, or other immediately coercive decree. FALSE Yes Yes

NLRB v. Jones & Laughlin Steel Corp. 301 U.S. 1
1937 Upheld the National Labor Relations Act of 1935, which declared the right of workers to organize, forbade unlawful employer interference with this right, established procedures by which workers could choose exclusive bargaining representatives with which employers were required to bargain, and created a board to oversee all these processes. FALSE No No Amendment needed for such authority, except on non-state territory.

U.S. v. Belmont 301 U.S. 324
1937 Sustained executive agreement with Soviet Union which recognized it as the successor to Russia, and therefore owner of assets in the United States, which ownership was binding on U.S. courts. FALSE Yes Partly Should be persuasive, but not binding on U.S. Courts.

Helvering v. Davis 301 U.S. 619
1937 Excise tax on employers, the proceeds of which were not earmarked in any way, although intended to provide funds for payments to retired workers, was upheld under the "general welfare" clause, the Tenth Amendment being found to be inapplicable. FALSE No No
Palko v. Connecticut 302 U.S. 319
1937 State not required to protect right against double jeopardy. TRUE No No

U.S. v. Carolene Products Co. 304 U.S. 144
1938 The power to regulate commerce, whether with foreign nations or among the several States, comprises the power to restrain or prohibit it at all times for the welfare of the public, provided only the specific limitations imposed upon Congress' powers, as by the due process clause of the Fifth Amendment, are not transgressed. FALSE No No

Oklahoma ex rel. Johnson v. Cook 304 U.S. 387
1938 Refused to accept suit by State on behalf of its own citizens against the citizens of other States to collect claims. State must be real party at interest to assert a claim and avoid the restrictions of the Eleventh Amendment. FALSE No No

Lanzetta v. New Jersey 306 U.S. 451
1939 An overly broad statute, especially one that regulates speech and press, may be considered on its face rather than as applied, and a defendant to whom the statute constitutionally applies may be enabled to assert its unconstitutionality thereby. FALSE Yes Yes

Coleman v. Miller 307 U.S. 433
1939 Congress has sole discretion to determine what passage of time will cause an amendment to lapse and effect of previous rejection by legislature. FALSE No No Amendment needed for such authority.

Cantwell v. Connecticut 310 U.S. 296
1940 Incorporated "free exercise" clause of the First Amendment to the states under the 14th Amendment. FALSE Yes No Should have been 9th Amendment.

Sunshine Anthracite Coal Co. v. Adkins 310 U.S. 381
1940 Mining is interstate commerce. FALSE No No

U.S. v. Darby 312 U.S. 100
1941 Upheld indictment under Fair Labor Standards Act, which defined commerce to mean "trade, commerce, transportation, transmission, or communication among the several States or from any State to any place outside thereof", and prohibiting the shipment in interstate commerce of goods made by employees whose wages are less than the prescribed minimum but also the employment of workmen in the production of goods for such commerce at other than the prescribed wages and hours, or with child labor. Held the cumulative effect of many minor transactions with no separate effect on interstate commerce, when they are viewed as a class, may be sufficient to merit congressional regulation. Invoked McCulloch v. Maryland and Gibbons v. Ogden. FALSE No No

Bridges v. California 313 U.S. 33
1941 Dictum that the contempt power of all courts, federal as well as state, is limited by the guaranty of the First Amendment against interference with freedom of speech or of the press. FALSE Yes No Should have been Ninth Amendment, as to the states, First as to the federal government.
Ex parte
Quirin 317 U.S. 1
1942 Enemy combatants, who without uniforms come secretly through the lines during time of war, for the purpose of committing hostile acts, are not entitled to the status of prisoners of war but are unlawful combatants punishable by military tribunals. Congress had "exercised its authority to define and punish offenses against the law of nations by sanctioning, within constitutional limitations, the jurisdiction of military commissions to try persons for offenses which, according to the rules and precepts of the law of nations, and more particularly the law of war, are cognizable by such tribunals." TRUE Yes No They should have been classified as “pirates”.

Wickard v. Filburn 317 U.S. 111
1942 Sustained criminal prosecution of farmer under the Agricultural Adjustment Act of 1938 for consuming his own grain, which was subject to price and production controls, as having a "substantial effect" on interstate commerce because it would "overhang" the market. FALSE No No Opened way to criminal prosecution under Commerce Clause.

Brady v. Roosevelt S.S. Co. 317 U.S. 575
1943 An officer acting as a public instrumentality is liable for his own torts, but Congress may grant or withhold immunity from suit on behalf of government corporations. FALSE Yes Partly Immunity from execution of money judgment but not from suit, except from funds appropriated by law.
Murdock v. Pennsylvania 319 U.S. 105
1943 A state may not impose a tax or charge on the dissemination of religious literature. TRUE Yes Yes Should have been 9th Amendment.

National Broadcasting Co. v. U.S. 319 U.S. 190
1943 Conferred powers on the Federal Communications Commission to license broadcasting stations as the "public convenience, interest and necessity may require." FALSE No No Amendment needed for such authority, except on non-state territory.

L. P. Steuart & Bro. v. Bowles 322 U.S. 398
1944 The penalties must be provided in the statute itself; additional punishment cannot be imposed by administrative action. FALSE Yes Yes

U.S. v. South-Eastern Underwriters Assn. 322 U.S. 533
1944 Further expanded definition of "interstate commerce" to include every species of commercial negotiation which will involve sooner or later an act of transportation of persons or things, or the flow of services or power, across state lines. FALSE No No

Alabama State Federation of Labor v. McAdory 325 U.S. 450
1945 To have standing a party must present a real issue, as contrasted with speculative, abstract, hypothetical, or moot issues. It has long been the Court's "considered practice not to decide abstract, hypothetical or contingent questions." FALSE Partly Partly Prudential decision, not a constitutional one, but needs to allow for declaratory relief.

Associated Press v. U.S. 326 U.S. 1
1945 The gathering of news by a press association and its transmission to client newspapers are interstate commerce. FALSE No No Services not included in “commerce”.

In re
Yamashita 327 U.S. 1
1946 Sustained prosecution of foreign officer for "war crimes", and general jurisdiction of military outside of U.S. territory, without constitutional restrictions, such as against ex post facto laws. FALSE Yes Yes Law of nations.

Duncan v. Kahanamoku 327 U.S. 304
1946 Found that military governor not authorized to replace civilian courts with military tribunals in Hawaii, given the facts of the case. FALSE Yes Yes
U.S. v. Lovett 328 U.S. 303
1946 Legislative denial of compensation based on political views is a prohibited bill of attainder. TRUE Yes Yes

American Light & Power Co. v. SEC 329 U.S. 90
1946 Upheld delegation of authority to Securities and Exchange Commission to prevent unfair or inequitable distribution of voting power among security holders. FALSE No No Securities not included in “commerce”.

Everson v. Board of Education 330 U.S. 1
1947 Incorporated "establishment clause" of the First Amendment to the states under the 14th Amendment. FALSE Yes Partly Should have been 9th Amendment.

Land v. Dollar 330 U.S. 731
1947 The fact that defendants claim property in dispute in a case as officers or agents of the United States does not make the action one against the United States until it is determined that they were acting within the scope of their lawful authority. FALSE Yes Yes

Rescue Army v. Municipal Court 331 U.S. 549
1947 Asserted policy that Court will decide constitutional issues only if "strict necessity" compels it to do so, as narrowly as possible to reach a decision. FALSE Yes No Duty of court is to apply constitutional principles broadly.
Adamson v. California 332 U.S. 46
1947 Decision of an accused not to testify may be used against him in a state criminal trial. TRUE No No

Woods v. Cloyd W. Miller Co. 333 U.S. 138
1948 Emergency war powers exercised domestically may continue for a while after the end of hostilities, but may not swallow up all other powers of Congress or largely obliterate the Ninth and Tenth Amendments. FALSE Yes Partly War power exercises need to be subject to review.

Lichter v. U.S. 334 U.S. 742
1948 “[C]onstitutional power implies a power of delegation of authority under it sufficient to effect its purposes." FALSE No No Purposes do not extend power.

Kovacs v. Cooper 336 U.S. 77
1949 Statute alleged to infringe a right is to be presumed to be unconstitutional until proved otherwise. Narrowed Ogden v. Saunders, 25 U.S. 213. FALSE Yes Yes

Youngstown Sheet & Tube Co. v. Sawyer (Steel seizure case) 343 U.S. 579
1952 Held seizure of steel industry by President to end a strike not to be within his "inherent powers" and to be void. Restricted scope of Myers v. U.S. 272 U.S. 52 (1926) FALSE Yes Yes

Brown v. Allen 344 U.S. 443
1953 On habeas corpus petition, federal courts may review constitutional questions, may ignore state judgments, may reconsider facts as well as law, and may conduct evidentiary hearings. FALSE Yes Yes

Brown v. Board of Education of Topeka 347 U.S. 483
1954 Overturned Plessy v. Ferguson, 163 U.S. 537, doctrine of 'separate but equal', held separate educational facilities are inherently unequal. FALSE Yes Yes Prudential decision, not a constitutional one.
Reid v. Covert 354 U.S. 1
1957 Voided court-martial convictions of civilians for capital offenses committed outside territorial jurisdiction of United States, held that court-martial jurisdiction did not extend to civilians. Later cases extended doctrine to non-capital offenses. Treaties do not confer powers not authorized by Constitution, and in particular, over civilians outside U.S. territory. TRUE Yes Yes

Perez v. Brownell 356 U.S. 44
1958 Sustained involuntary expatriation for a variety of causes prescribed by statute, such as voting in foreign election. FALSE No No

Mapp v. Ohio 367 U.S. 643
1961 Reversed state conviction based on evidence admitted without a search warrant, and held such evidence violated the Fourth Amendment, incorporated under the 14th Amendment. FALSE Yes Yes

Baker v. Carr 369 U.S. 186
1962 Federal courts have jurisdiction to review state legislative districting under equal protection principle. Narrowed political question doctrine to apply mainly to nonjusticiabiity under the separation of powers at the federal level. FALSE Yes Yes
Gideon v. Wainwright 372 U.S. 335
1963 State required to provide defense counsel to accused unable to hire his own. TRUE Yes Partly Prudential decision, not a constitutional one.

New York Times Co. v. Sullivan 376 U.S. 254
1964 A State cannot, under the First and Fourteenth Amendments, award damages to a public official for defamatory falsehood relating to his official conduct unless he proves "actual malice"--that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false. FALSE Yes Partly Prudential decision, not a constitutional one.

Heart of Atlanta Motel v. U.S. 379 U.S. 241
1964 Upheld 1964 Civil Rights Act prohibiting racial discrimination in public accommodations as necessary to protect interstate travelers from harm, to prevent such travelers from being deterred in the exercise of interstate traveling, and to prevent them from being burdened. FALSE No No Only applicable to state actors, not private parties.

Katzenbach v. McClung 379 U.S. 294
1964 Regulation of a purely intrastate activity may be premised on the presence of some object that will or has crossed state lines. FALSE No No

Lamont v. Postmaster General 381 U.S. 301
1965 Struck down a statute authorizing the Post Office to detain mail it determined to be "communist political propaganda" and to forward it to the addressee only if he notified the Post Office he wanted to see it. Noting that Congress was not bound to operate a postal service, the Court observed that while it did, it was bound to observe constitutional guarantees. Note that this was the first congressional statute ever voided as in conflict with the First Amendment. FALSE Yes Partly Should have been 9th Amendment.

U.S. v. Brown 381 U.S. 437
1965 Held void as a bill of attainder a statute making it a crime for a member of the Communist Party to serve as an officer or as an employee of a labor union. The prohibition embodied in bill of attainder clauses not to be strictly and narrowly construed in the context of traditional forms but is to be interpreted in accordance with the designs of the framers so as to preclude trial by legislature. FALSE Yes Yes

Griswold v. Connecticut 381 U.S. 479
1965 Declared right to privacy and association, and struck down state statute forbidding person from delivering or receiving contraceptive information. FALSE Yes Partly Should have been 9th Amendment.

U.S. v. Guest 383 U.S. 745
1966 (concurring opinions). Although Sec. 1 of the Fourteenth Amendment is judicially enforceable only against "state action", Congress is not so limited under its enforcement authorization of Sec. 5. FALSE No No Sec. 5 is only to enforce other sections, such as Section 1.

Burns v. Richardson 384 U.S. 73
1966 Election districts in each State must be so structured that each elected representative should represent substantially equal populations. FALSE Yes Partly But states need not use single-member districts.

Miranda v. Arizona 384 U.S. 436
1966 Evidence provided by suspect in custody may not be admitted if the accused has not been warned of his right to remain silent and for assistance of counsel during interrogation. FALSE Yes Partly Prudential decision, not a constitutional one.

Afroyim v. Rusk 387 U.S. 253
1967 Overruled the 1958 Perez v. Brownell decision permitting expatriation for voting in a foreign election and announced a constitutional rule against all but purely voluntary renunciation of United States citizenship for born citizens. FALSE Yes Yes
Camara v. Municipal Court 387 U.S. 523
1967 Building inspector must obtain warrant to inspect building if owner does not consent to it. TRUE Yes Yes

U.S. v. Robel 389 U.S. 258
1967 Voided a law making it illegal for any member of a "communist-action organization" to work in a defense facility. The second time in history a congressional statute struck down as an infringement of the First Amendment. FALSE Yes Partly Should have been 9th Amendment.

Bloom v. Illinois 391 U.S. 194
1968 When the punishment in a criminal contempt case in a court, federal or state, is more than the sentence for a petty offense, defined as six months or more, a defendant is entitled to trial by jury. FALSE Yes Yes Constitution says “all crimes”, no exception for “petty” crimes.

Maryland v. Wirtz 392 U.S. 183
1968 Upheld "enterprise concept" of an entire enterprise being subject to Fair Labor Standard Act if any of its activities affected interstate commerce. FALSE No No

Powell v. McCormack 395 U.S. 486
1969 The protection of the speech and debate clause is not limited to words spoken in debate. "Committee reports, resolutions, and the act of voting are equally covered, as are 'things generally done in a session of the House by one of its members in relation to the business before it.'" FALSE Yes Yes

Williams v. Florida 399 U.S. 78
1970 Sustained state jury of less than twelve persons. Historic standard had been that it must be twelve. FALSE No No Must be twelve.

Bivens v. Six Unknown Named Agents of the Bureau of Narcotics 403 U.S. 388
1971 Federal agents may be sued and held personally liable for abuses of civil rights. FALSE Yes Yes

New York Times Co. v. U.S. 403 U.S. 713
1971 A majority of the Court agreed that in appropriate circumstances the First Amendment would not preclude a prior restraint of publication of information that might result in a sufficient degree of harm to the national interest, although a different majority concurred in denying the Government's request for an injunction in that case. FALSE Yes Partly Should have been 9th Amendment.

Apodaca v. Oregon 406 U.S. 404
1972 Sustained state jury verdict by less than unanimous vote. Historic standard had been that the jury must be unanimous. FALSE No No Must be unanimous in criminal cases.

Roe v. Wade 410 U.S. 113
1973 Defined personhood as beginning at birth, held foetus is not a "person" with rights against right of woman to have abortion. FALSE Yes Partly Should apply law of trespass.

Davis v. U.S. 411 U.S. 233
1973 Sustained congressional authorization of the Supreme Court to promulgate rules of civil and criminal procedure and of evidence in which it directed that such rules supersede previously enacted statutes with which they conflicted. FALSE No No Court may only make rules for itself, not other courts, without amendment.

Colgrove v. Battin 413 U.S. 149
1973 Civil juries composed of six persons were permissible under the Seventh Amendment and congressional enactments. Historic standard had been twelve. FALSE No No Must be twelve.

Schlesinger v. Reservists Com. to Stop the War 418 U.S. 208
1974 Persons do not have standing to sue to enforce a constitutional provision when all they can show or claim is that they have an interest or have suffered an injury that is shared by all members of the public. FALSE No No Must be able to privately prosecute a public right, including the right not to have unconstitutional acts committed, even if no one particularly injured.

U.S. v. Nixon 418 U.S. 683
1974 Held the President subject to subpoena to produce evidence for use in a criminal case. FALSE Yes Yes

Regional Rail Reorganization Act Cases

419 U.S. 102
1974 Case not justiciable until it is "ripe" for decision, on constitutional and prudential grounds. FALSE Yes Partly Prudential decision, not a constitutional one.

Barrett v. U.S. 423 U.S. 212
1976 Upheld a conviction for receipt of a firearm upon a mere showing that the gun had sometime previously traveled in interstate commerce. FALSE No No
Buckley v. Valeo 424 U.S. 1
1976 Campaign spending may not be limited, but contributions may be, and the identity of contributors may be required to be disclosed, and anonymous contributors prohibited. TRUE No No

Hunt v. Washington State Apple Advertising Comm. 432 U.S. 333
1977 An organization or association "has standing to bring suit on behalf of its members when: (a) its members would otherwise have standing to sue in their own right; (b) the interests it seeks to protect are germane to the organization's purpose; and (c) neither the claim asserted, nor the relief requested, requires the participation of individual members in the lawsuit." FALSE Yes Yes
Lewis v. U.S. 445 U.S. 55
1980 Person who has been convicted of a crime in a state court may be convicted of a federal crime for possession of firearms. TRUE No No

Hodel v. Indiana 452 U.S. 314
1981 “A court may invalidate legislation enacted under the Commerce Clause only if it is clear that there is no rational basis for a congressional finding that the regulated activity affects interstate commerce, or that there is no reasonable connection between the regulatory means selected and the asserted ends." FALSE No No Presumption must always be against having authority.

Fidelity Federal Savings & Loan Assn. v. de la Cuesta 458 U.S. 141
1982 A rule or regulation properly promulgated under authority received from Congress is law and under the supremacy clause of the Constitution can preempt state law and supersede a federal statute. FALSE No No May not preempt state statute or supersede federal statute.
Brown v. Socialist Workers' 459 U.S. 87
1982 Minor party which has historically been harassed is exempt from campaign disclosure requirements. TRUE Yes Yes But everyone should also be exempt for same reasons.

INS v. Chadha 462 U.S. 919
1983 Decided against statutes that reserved a "legislative veto" over regulations or executive actions once adopted. Once Congress makes its choice in enacting legislation, its participation ends. Congress can thereafter control the execution of its enactment only indirectly -- by passing new legislation. But White in dissent said that agency rulemaking is lawmaking, implying it is also a violation of the nondelegation doctrine. FALSE Yes Yes Agency rulemaking is lawmaking if applied to other than government actors.

Griffith v. Kentucky 479 U.S. 314
1987 For cases on direct review, "a new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final, with no exception for cases in which the new rule constitutes a 'clear break' with the past.'' But not retroactive for defendants already convicted FALSE Yes Yes

Young v. U.S. ex rel. Vuitton 481 U.S. 787
1987 Court has inherent power to appoint private attorney to prosecute a criminal contempt, but reversed conviction on basis that the private prosecutor appointed represented a party in the case and was therefore not sufficiently disinterested. FALSE Partly Partly It is the grand jury that must appoint special prosecutors, and the actual prosecutor need not be disinterested, although those supervising investigations should be.

Bank of Nova Scotia v. U.S. 487 U.S. 250
1988 Conviction at trial does not validate error in the indictment, and upon such error the indictment and conviction based on it must be reversed. FALSE Yes Yes

Morrison v. Olson 487 U.S. 654
1988 Courts may appoint special prosecutors to prosecute official corruption. FALSE Partly Partly It is the grand jury that must appoint special prosecutors.

Mistretta v. U.S. 488 U.S. 361
1989 Approved placement by Congress of the Sentencing Commission in the judicial branch. Scalia dissented that nondelegation doctrine deprived of meaningful content. FALSE No No A Sentencing Commission may be only advisory.

Lewis v. Continental Bank Corp. 494 U.S. 472
1990 Case may cease to be justiciable if it becomes "moot" because since being filed, the parties no longer have a "personal stake in the outcome". FALSE Partly Partly Prudential decision, not a constitutional one, but needs to allow for declaratory relief.

Rust v. Sullivan 500 U.S. 173
1991 If it is possible to construe a statute in a way that would make it constitutional, it must be so construed and applied. FALSE Partly Partly Within reason.
Hafer v. Melo 502 U.S. 21
1991 State officers may be held personally liable for damages based upon actions taken in their official capacities. TRUE Yes Yes Depends on whether they were momentarily acting within their lawful authority.

U.S. v. Williams 504 U.S. 36
1992 Deliberations and decision of grand jury must be substantially independent of undue influence by prosecutor or judge, and if such independence is lacking, the indictment, and any conviction based on it, must be reversed. FALSE Yes Yes

Lujan v. Defenders of Wildlife 504 U.S. 555
1992 Plurality denied that Congress could by statute confer standing on citizens not suffering particularized "injury in fact" to a legal right to sue the Federal Government to compel it to carry out a duty imposed by Congress. Added two conditions for standing: that there must be a causal connection between the injury and the conduct complained of (causation), and that there must be a "substantial likelihood'' that the relief sought from the court if granted would remedy the harm (redressability). FALSE No No Defied congressional authority to define judicial jurisdiction
Soldal v. Cook County 506 U.S. 56
1992 State or local officials who stand by or protect an unlawful eviction or seizure are liable for damages under 42 USC 1983. TRUE Yes Yes
Staples v. U.S. 511 U.S. 600
1994 Government must prove beyond a reasonable doubt that defendant knew that his rifle had the characteristics that brought it within the statutory definition of a machine gun. TRUE Yes Yes
McIntyre v. Ohio Elections Comm'n 514 U.S. 334
1995 Advocacy publication may be anonymous, and is exempt from campaign disclosure statute. TRUE Yes Yes
U.S. v. Lopez 514 U.S. 549
1995 Prohibition against possessing firearm in proximity of a school is not authorized as connected to interstate commerce. TRUE Yes Yes
Bennis v. Michigan 517 U.S. 1163
1996 Property used in a crime may be forfeited even though partly or wholly owned by an innocent third party. TRUE No No
Caron v. U.S. 524 U.S. 1
1998 Even if a State permitted an offender to have the guns he possessed, federal law may use the State’s determination that the offender is more dangerous than law-abiding citizens to impose its own felony conviction. TRUE No No

Atwater v. Lago Vista 532 U.S. 318
2001 Held that police could make custodial arrests of persons for non-jailable offenses. FALSE No No Enabled police to impose “street justice” on people they don't like, with impunity.

Rogers v. Tennessee 532 U.S. 451
2001 Held the Tennessee Supreme Court's abolition of the common-law year and a day rule could apply retroactively to crimes committed before the court abolished the rule under the Due Process Clause. FALSE No No Scalia dissent was correct that ex post facto prohibition also applies to judicial decisions.

Gonzales v. Raich 545 U.S. 570
2005 Held that under Commerce Clause, Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal purposes. FALSE No No Extended “substantial effect” doctrine beyond reason.

DC v. Heller 554 U.S. 570
2008 Held that the Second Amendment protects an individual's right to possess a firearm for traditionally lawful purposes, such as self-defense within the home and within federal enclaves. FALSE Yes Partly Recognized right to keep and bear arms as individual right, but should not have left open other possible restrictive laws.

Citizens United v. F.E.C. 558 U.S. 310
2010 Held that the First Amendment prohibits the government from restricting political independent expenditures by anyone, including corporations, associations, or labor unions. FALSE Yes Partly Should have been 9th Amendment.

U.S. v. Comstock 560 U.S. 126
2010 Held that the federal government has authority under the Necessary and Proper Clause to require the civil commitment of individuals already in Federal custody. FALSE No No Amendment needed for such authority, except on non-state territory; violates ex post facto.

McDonald v. Chicago 561 U.S. 3025
2010 Held that the right of an individual to "keep and bear arms" protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. FALSE Yes Partly Should have based decision on the Privileges or Immunities Clause.

Ashcroft v. Al-Kidd 563 U.S.

2011 Overturned Ninth circuit correct holding that the Fourth Amendment prohibits pretextual arrests absent probable cause of criminal wrongdoing, and that Ashcroft could not claim qualified or absolute immunity. FALSE No No Opened way to detain anyone indefinitely on pretext of being a “material witness”.

N.F.I.B v. Sibelius 567 U.S.

2012 Held the Patient Protection and Affordable Care Act constitutional. FALSE No Partly Correctly held individual mandate not authorized by Commerce and Necessary and Proper Clauses, but incorrectly held it was an indirect tax, even though it was on inactivity.

privacy policy