Citation558 U.S. 310 (2010) Brief Fact Summary. Citizens United argued that the federal law prohibiting corporations and unions from using their general treasury funds to make independent expenditures for speech defined as “electioneering communication” or speech expressly advocating the election or defeat of a candidate is unconstitutional. Synopsis of Rule of Law. The First Amendment protection extends to corporations by explicit holdings to the context of political speech. ...
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Citizens United v. Federal Election Commission
Citation130 S. Ct. 876. Brief Fact Summary. Citizens United created a documentary aimed at Senator Clinton during the 2008 race, and ran ads to urge others to order it on-demand to watch. Synopsis of Rule of Law. Congress may not ban political speech based on a speaker’s corporate identity. ...
Citizens United v. Federal Elections Commission
Citation558 U.S. 310 (2010) Brief Fact Summary. A corporation engaged in electioneering communication in violation of a federal law. Synopsis of Rule of Law. Corporate electioneering communication is speech that is protected by the First Amendment, and the First Amendment prohibits speech restrictions based on the speaker’s identity as a corporation. ...
THE FEDERAL COMMERCE POWER
Chapter 4 THE FEDERAL COMMERCE POWER This Chapter examines Congress’ power to “regulate commerce … among the several states.” This is the “commerce power.” The most important concepts in this Chapter are: Test for commerce power: A particular congressional act comes within Congress’ commerce power if both of the following are true: Substantially affects commerce: The activity being regulated substantially affects commerce; and Reasonable means: The means chosen by Congress is “reasonably related” to Congress’ obj ...
Congressional Power to Limit the Jurisdiction of the Supreme Court and Inferior Federal Courts
CHAPTER 2 Congressional Power to Limit the Jurisdiction of the Supreme Court and Inferior Federal Courts §2.1 INTRODUCTION AND OVERVIEW Article III, §1 provides that “[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” Section 2 of the same Article describes nine subject matters over which the “judicial Power shall extend,” vesting two of those subject matters in the Supreme Court’s original jurisdiction, and with respect to the remaining seven providing, “the ...
Rogers v. Lodge
Citation22 Ill.459 U.S. 899, 103 S. Ct. 198, 74 L. Ed. 2d 160 (1982) Brief Fact Summary. The Appellants, Rogers and seven other black citizens from Burke County, Georgia (Appellants) challenged the constitutionality of an at-large voting scheme that violated the United States Constitution (Constitution) despite the scheme’s racial neutrality. Synopsis of Rule of Law. Racially-neutral voting schemes do not necessary pass constitutional muster when there is a showing that the scheme actual perpetuates racial discrimination. ...
FREEDOM OF EXPRESSION
Chapter 14 FREEDOM OF EXPRESSION The First Amendment provides, in part, that “Congress shall make no law … abridging the freedom of speech, or of the press. … ” These rights (plus the accompanying “freedom of association”) are often grouped together as “freedom of expression.” Here are the key concepts relating to freedom of expression: Content-based vs. content-neutral: Courts distinguish between “content-based” and “content-neutral” regulations on expression. Content-based: If the government action is “content- ...
Judicial Review
CHAPTER 1 Judicial Review INTRODUCTION AND OVERVIEW In the constitutional law course, we study the United States Constitution as it has been interpreted and explained by the federal courts for more than 200 years. The Constitution itself is an amazingly short document. Stripped of its amendments, the Constitution occupies fewer than a dozen pages in your casebook. Even with its amendments, the document is barely 20 pages long. Yet while the Constitution itself is extremely brief, the interpretation of it can be exceedingly complex. The bulk of your constitutional law textbook consists of cases ...
Table of Cases
Table of Cases Abbott Laboratories v. Gardner,387 U.S. 136 (1967) Adamson v. California,332 U.S. 46 (1947) Aetna Life Ins. Co. v. Haworth,300 U.S. 227 (1937) Air Courier Conference of America v. American Postal Workers Union,498 U.S. 517 (1991) Alabama v. Pugh,438 U.S. 781 (1978) Alden v. Maine,527 U.S. 706 (1999) Allen v. McCurry,449 U.S. 90 (1980) Allen v. Wright,468 U.S. 737 (1984) Altria Group, Inc. v. Good,555 U.S. 70 (2008) Alvarez v. Smith,130 S. Ct. 576 (2009) Amerada Hess Corporation v. Director, Division of Taxation,490 U.S. 66 (1989) American Insurance Association v. Garamendi,539 U ...
Table of Cases
Table of Cases Abington School Dist. v. Schemp, 374 U.S. 203 (1963) Abood v. Detroit Board of Educ., 431 U.S. 209 (1977) Abrams v. Johnson, 521 U.S. 74 (1997) Abrams v. United States, 250 U.S. 616 (1919) Adamson v. California, 332 U.S. 46 (1947) Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995) Adickes v. Kress & Co., 398 U.S. 144 (1970) Adkins v. Children’s Hosp., 261 U.S. 525 (1923) Agins v. City of Tiburon, 477 U.S. 255 (1980) Agostini v. Felton, 521 U.S. 203 (1997) Aguilar v. Felton, 473 U.S. 402 (1985) Allegheny Pittsburgh Coal Co. v. Webster County, 488 U.S. 336 (1989) Al ...
In re Sealed Case
Citation838 F.2d 476, rev’d sub nom. Morrison v. Olson, 487 U.S. 654 (1988) Brief Fact Summary. Government officials being investigated by an independent counsel under the Ethics in Government Act of 1978 challenged the Act as unconstitutional. Synopsis of Rule of Law. The Ethics in Government Act violates the Appointments Clause, rendering it unconstitutional. ...
Chapter 34. Takings
CHAPTER 34 Takings Federal, state, and municipal governments possess constitutional authority to acquire private property, either in fee simple or less than fee interests, such as easements, and either whole lots or strips of land. Unlike private purchasers who must find a willing seller, governments have the power to force unwilling persons to sell property to them. This power is called eminent domain. It is a power so well established that the framers of the federal and state constitutions assumed it to be an inherent right of government, so the Fifth Amendment’s Takings Clause simply ...
CAPSULE SUMMARY
CAPSULE SUMMARY This Capsule Summary is intended for review at the end of the semester. Reading it is not a substitute for mastering the material in the main outline. Numbers in brackets refer to the pages in the main outline where the topic is discussed. Chapter 1 INTRODUCTION I. CIVIL PROCEDURE GENERALLY A. A road map: Here is a “road map” for analyzing a Civil Procedure problem: 1. Personal jurisdiction: First, make sure that the court has “personal jurisdiction” or “jurisdiction over the parties.” You must check to make sure that: (1) D had minimum contacts with the forum st ...
Conspiracy
CHAPTER 13 Conspiracy OVERVIEW Sometimes you can get things done more efficiently by working with others. Criminals have found this form of organization works for them too. Conspiracy punishes individuals who agree to commit a crime (often called the “target” or “object” crime). Conspiracy, then, responds to the special dangers created by group criminality: division of labor, expanded scope of potential harm, mutual encouragement, and greater likelihood the agreed-upon crime—or even future crimes not yet determined or contemplated—will be committed. Conspiracy is an inchoat ...
CAPSULE SUMMARY
CAPSULE SUMMARY This Capsule Summary is intended for review at the end of the semester. Reading it is not a substitute for mastering the material in the main outline. Numbers in brackets refer to the pages in the main outline where the topic is discussed. The order of topics is occasionally somewhat different from that in the main outline. Chapter 1 SOME BASIC ISSUES IN CRIMINAL LAW I. A BRIEF INTRODUCTION TO CRIMINAL LAW A. Felonies vs. misdemeanors: Modern criminal statutes typically divide crimes into two broad categories: felonies and misdemeanors. [1] A good general rule, at least for ...
TABLE OF CASES
TABLE OF CASES Principal discussion of a case is indicated by page numbers in italics. Abate v. Mundt Abington School District v. Schempp Abood v. Detroit Board of Education Abrams v. U.S. ACLU v. Reno Adarand Constructors, Inc. v. Pena Adkins v. Children’s Hospital Agency for Int’l Dev. v. Alliance for Open Soc’y Int’l, Inc. Agins v. Tiburon Agostini v. Felton Akron v. Akron Center For Reproductive Health Alaska Hire case Alden v. Maine Allegheny County v. American Civil Liberties Union Allen v. Wright Allgeyer v. Louisiana Allied Structural Steel Co. v. Spannaus ...
JUSTICIABILITY
Chapter 16 JUSTICIABILITY In order for a case to be heard by the federal courts, the plaintiff must overcome a series of procedural obstacles that we collectively call the requirements of “justiciability.” Here is an overview of each of these obstacles: Advisory opinion: The federal courts may not issue opinions based on abstract or hypothetical questions. This is known as the prohibition of “advisory opinions.“ It stems from the fact that the Constitution limits federal court jurisdiction only to “cases and controversies.” Standing: The most important si ...
FREEDOM OF RELIGION
Chapter 15 FREEDOM OF RELIGION Here are the key concepts involving “freedom of religion”: Two clauses: There are two distinct clauses in the First Amendment pertaining to religion: Establishment Clause: First, there is the Establishment Clause. That clause prohibits any law “respecting an establishment of religion.” The main purpose of the Establishment Clause is to prevent government from endorsing or supporting religion. Free Exercise Clause: The second clause is the Free Exercise Clause. That clause bars any law “prohibiting the free exercise of religion.& ...
STATE ACTION
Chapter 12 STATE ACTION Nearly all of the rights guaranteed by the Constitution to individuals are protected only against interference by government. This is sometimes called the requirement of “state action.” However, sometimes even a private individual’s actions are found to be “state action,” and thus subject to the Constitution. Here are the main concepts in this Chapter: “Public function” doctrine: Under the “public function” doctrine, if a private individual or group is entrusted by the state to perform functions that are traditional ...
MISCELLANEOUS CLAUSES: 14TH AM. PRIVILEGES OR IMMUNITIES; TAKING; CONTRACT; RIGHT TO BEAR ARMS; EX POST FACTO; BILLS OF ATTAINDER
Chapter 11 MISCELLANEOUS CLAUSES: 14TH AM. PRIVILEGES OR IMMUNITIES; TAKING; CONTRACT; RIGHT TO BEAR ARMS; EX POST FACTO; BILLS OF ATTAINDER This chapter considers several clauses that have little in common except that they protect individuals against specific types of government conduct. The most important concepts in this chapter are: Privileges or Immunities: The 14th Amendment has a “Privileges or Immunities” Clause. But this clause is very narrowly interpreted: it only protects the individual from state interference with his rights of “national” citizenship (princ ...
EQUAL PROTECTION
Chapter 10 EQUAL PROTECTION The Equal Protection Clause is part of the Fourteenth Amendment. It provides that “no state shall make or enforce any law which shall … deny to any person within its jurisdiction equal protection of the laws.” Here are the key concepts concerning equal protection: Classifications: The Clause imposes a general restraint on the governmental use of classifications, not just classifications based on race but also those based on sex, alienage, illegitimacy, wealth, or any other characteristic. Federal government: The direct text of the Cl ...
DUE PROCESS OF LAW
Chapter 9 DUE PROCESS OF LAW This Chapter examines principally the Due Process Clause of the Fourteenth Amendment, which imposes the obligation of due process on the states. As you read, keep in mind that there is also a Fifth Amendment Due Process Clause, which applies only to the federal government; in general, anything that the Fourteenth Amendment Due Process Clause would require the states to do, the Fifth Amendment Due Process Clause requires the federal government to do. Here are the key concepts in this Chapter: Due Process Clause generally: The Fourteenth Amendment provides (in ...
SEPARATION OF POWERS
Chapter 8 SEPARATION OF POWERS A prior Chapter (supra, p. 15) summarized the general boundaries of the powers of the three federal branches. Here, we examine closely certain conflicts between branches, especially between the Executive and Legislative Branches. Here are the most important concepts in this Chapter: President/Congress boundary line: Many separation-of-powers conflicts involve the boundary line between the President (Executive Branch) and Congress (Legislative Branch). Here are some of the more important principles concerning this boundary line: President can’t m ...
CAPSULE SUMMARY
Chapter 1 INTRODUCTION I. THREE STANDARDS OF REVIEW A. Three standards: There are three key standards of review which reappear constantly throughout Constitutional Law. When a court reviews the constitutionality of government action, it is likely to be choosing from among one of these three standards of review: (1) the mere-rationality standard; (2) the strict scrutiny standard; and (3) the middle-level review standard. [2] 1. Mere-rationality standard: Of the three standards, the easiest one to satisfy is the “mere-rationality” standard. When the court applies this “mere- ...
TABLE OF CASES
Abood v. Detroit Bd. of Ed., 159 Adarand Constructors, Inc. v. Pena, 102, 220, 306 Agency for Int’l Dev. v. Alliance for Open Soc’y Int’l, Inc., 162–163, 245, 322 Agostini v. Felton, 171 Alaska Hire case, 75 Alden v. Maine, 185 Alvarez, U.S. v., 151, 240 Ambach v. Norwick, 110, 308 Anderson v. Martin, 99 Ashcroft v. ACLU, 241, 318 Assoc. Press v. Walker, 149 Baker v. Carr, 187 Baldwin v. Montana Fish & Game Comm’n., 345 Ball v. James, 115, 309 Ballard, U.S. v., 175 Barnes v. Glen Theatre, Inc., 319 Bartnicki v. Vopper, 165 Bates v. State Bar of Ariz., 154 Bd. of Ed. v. All ...