Constitutional Law Capsule Summary

CHAPTER 1:
The Courts And Judicial Review

Introduction

§1.01 Constitutional Law and Argument

§1.02 Judicial Review

§1.03 Review of State Action

§1.04 Judicial Independence

§1.05 Judicial Dependence

§1.06 Court Organization

§1.07. Jurisdiction: Lower Courts and Legislative Control

§1.08. Supreme Court Jurisdiction

§1.09 Non-Article III Adjudication

§1.10 Cases and Controversies

	[1] Doctrines of Justiciability: An Overview
	[2] Advisory Opinions
	[3] Standing
	[6] Ripeness
	[7] Mootness
	[8] Political Questions

CHAPTER 2:
The Federal System

Introduction

§2.01 Main Features

	[1] Components of Federalism
	[2] Union of Autonomous States

§2.02 Reserved Powers

	[1] Tenth Amendment as Source of State Power
	[2] Interposition
	[3] Police Power
	[4] Term Limits

§2.03 Federal Police Power

§2.04 Supremacy and State Taxation

	[1] Federal Immunity From State Taxation: An Overview
	[2] Federal Property
	[3] Private Immunities
	[4] Congressional Power

§2.05 Supremacy and Police Power

§2.06 State Tax Immunities

§2.07 State Regulatory Immunities

§2.08 Republican Government and Violence

§2.09 Cooperative Federalism

	[1] The Federal Government and the States
	[2] Litigating Against a State

CHAPTER 3:
Congressional Power

CHAPTER 4:
Commerce Clause

CHAPTER 5:
Commerce And The States: The Dormant Commerce Clause

Introduction

§5.01 The Purpose of the Dormant Commerce Clause

§5.02 Historical Evolution

	[1] Justice Marshall’s Views
	[2] Local Pilot Case
	[3] Railroad Regulation
	[4] Towards a Balancing Test

§5.03 The Modern Approach

§5.04 Discriminatory Laws

§5.05 Pike Balancing Test

§5.06 The Political Process Rationale

§5.07 Appropriate State Measures

§5.08. Prohibitory Laws

§5.09 Exceptions to the Dormant Commerce Clause

	[1] Market Participant Exception
	[2] Additional Exceptions
	[3] Congressional Consent

§5.10 Congressional Conflict: Preemption

§5.11 Camps Newfound/Owatonna: Recent Application

§5.12 Privileges and Immunities

CHAPTER 6:
Executive Power

Introduction

§6.01 Election

§6.02 Theories of Presidential Power

	[1] Historical Background
	[2] Neagle Case
	[3] Peace of the United States
	[4] United States v. Midwest Oil Co.
	[5] Steel Seizure Case
	[6] Jackson’s Categories and Inherent Power Limitations

§6.03 President as Legislative Leader

	[2] Veto Power
	[3] Legislative Veto

§6.04 Administrative Role

	[1] Appointing Power
	[2] Removal Power

§6.05 Law Enforcement

§6.06 Foreign Affairs

	[1] Leading Role of President
	[2] Curtiss-Wright
	[4] Steel Seizure Case
	[5] Executive Agreements

§6.07 Commander in Chief

	[1] Constitutional Duty of President
	[2] War Powers Resolution

§6.08 Presidential Accountability

	[1] The President as Defendant
	[2] Executive Privileges and Immunities
	[3] Impeachment

§6.09 Succession and Disability

§6.10 Separation of Powers

CHAPTER 7:
Liberty, Property And Due Process, Taking And Contract Clauses

Introduction

§7.01 Introduction to the Incorporation Controversy and the Bill of Rights

§7.02 The Rights of the Accused: The “Incorporation Controversy”

§7.03 Regulation of Business and Other Property Interests

	[1] Liberty of Contract Under the Due Process Clauses
	[2] Economic Regulation and the Contract Clause of Article I, Section 10
	[3] Government Takings of Property Requiring Just Compensation
	[4] Economic Penalties

§7.04 Liberty in Procreation and Other Personal Matters

	[1] The Childbearing Decision: Contraception and Abortion
	[2] The Family Relationship
	[3] Homosexuality
	[4] Right to Die
	[5] Other Autonomy Issues

§7.05 Personal Property Rights: New Forms of Protection for New Property Interests

CHAPTER 8:
Racial Equality

CHAPTER 9:
Equal Rights For The Sexes

CHAPTER 11:
Equal Protection For Other Groups And Interests

Introduction

§11.01 Discrete and Insular Minorities

	[1] Aliens
	[2] Illegitimate Children
	[3] The Aged
	[4] The Mentally Retarded
	[5] Sexual Orientation

§11.02 Equal Protection for the Poor

	[1] Wealth as a Suspect Classification; Fundamental Rights to Necessities
	[2] Access to the Justice System

§11.03 Equality in the Political Process

	[1] Wealth as a Suspect Classification; Fundamental Rights to Necessities
	[2] Access to the Justice System

§11.04 The Right to Travel

	[1] Domestic Travel
	[2] International Travel

§11.05 “Economic and Social Legislation”

CHAPTER 12:
Equal Protection For Other Groups And Interests

CHAPTER 13:
Government And The Media: Print And Electronic

CHAPTER 14:
Speech In Public Places

CHAPTER 15:
Special Doctrines In The System Of Freedom Of Expression

CHAPTER 16:
Government And Religious Freedom