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USA · 2L · Constitutional Law

Structure & Powers

Judicial review, federalism, separation of powers.

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  1. 1.Marbury v. Madison (1803) — principle established?

    Judicial review: it is "emphatically the province and duty of the judicial department to say what the law is"; courts may strike down statutes that conflict with the Constitution.

    Marbury v. Madison, 5 U.S. 137 (1803)

  2. 2.McCulloch v. Maryland (1819) — two holdings?

    (1) Congress has implied powers under the Necessary and Proper Clause (it could charter a national bank); (2) a state may not tax a federal instrumentality.

    McCulloch v. Maryland, 17 U.S. 316 (1819)

  3. 3.Wickard v. Filburn (1942) — held?

    Under the aggregation principle, Congress may regulate purely local activity (home-grown wheat) that, in the aggregate, substantially affects interstate commerce.

    Wickard v. Filburn, 317 U.S. 111 (1942)

  4. 4.United States v. Lopez (1995) — held?

    The Gun-Free School Zones Act exceeded Congress's Commerce Clause power; possessing a gun near a school is not economic activity substantially affecting interstate commerce.

    United States v. Lopez, 514 U.S. 549 (1995)

  5. 5.Youngstown Sheet & Tube Co. v. Sawyer (1952) — Jackson's framework?

    Presidential power is (1) at its maximum when acting with congressional authorisation, (2) in a "zone of twilight" when Congress is silent, and (3) at its lowest ebb when acting against Congress's will.

    Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) (Jackson J., concurring)