Constitutional Law Case Chart
Case Name / Cite / Constitutional /Unconstitutional / Facts / Holding
CONSTITUTIONAL INTERPRETATION OF THE 8TH AMENDMENT: DEATH PENALTY CASES
Judicial review of state action that determines whether certain forms of the death penalty constitute cruel and unusual punishment.
Resweber v. Louisiana / 329 U.S. 459 / Constitutional / Black man raped a white woman in LA in the 1950s, and he is given the death penalty. LA attempts to electrocute him; he survives due to a mechanical problem. LA succeeds in electrocuting him the second time.
ISSUE: Is it cruel and unusual punishment to put man in the electric chair for the 2nd time? / No – 5, 4 split, upholding 2nd execution.
Court went back to English common law and found cases where criminals were unsuccessfully hung and allowed to be hung again. The fact that an unforeseeable accident prevented the first attempt at execution did not add an element of cruelty to the subsequent execution.
Can repeat after a failed execution.
Atkins v. Virginia / 536 U.S. 304 / Unconstitutional / VA gave the death penalty to a mentally retarded man.
ISSUE: Is it cruel and unusual punishment to execute a mentally retarded person? / Yes – 5, 4 split. Court concluded that death penalty for mentally retarded person was excessive b/c their mental deficiencies diminish their personal culpability.
Applied test of: current prevailing standards of decency to mark standards of evolving society.
Roper v. Simmons / 543 U.S. 591 / Unconstitutional / Boy committed murder at 17. After he turned 18, he was then convicted for 1st degree murder and sentenced to death.
ISSUE: Is it cruel and unusual punishment to give a minor the death penalty? / Yes. The Court held that American society viewed juveniles as less culpable than the average criminal. Executing individuals who were under 18 at the time that the capital crime was committed is prohibited by the 8th Amendment.
**Test: use evolving standard of decency, mark progress of evolving society, alter test as time goes one & society changes.
Kennedy v. Louisiana / 128 S.Ct. 2641 / Unconstitutional / Death penalty for stepfather who forcefully raped his 8-year-old stepdaughter
ISSUE: Is it cruel and unusual punishment to give the death penalty to a child rapist? / Yes. The Court held that 8th amend. prohibits death penalty for rape of a child where the crime did not result, and was not intended to result, in the death of the victim. Court considered evolving standards of decency test and proportionality test. There was a national consensus against capital punishment for the crime of child rape and Court concluded that the death penalty was not a proportional punishment for the crime of child rape.
Harmelin v. Michigan / 501 U.S. 957 / Constitutional / Man convicted of possessing more than 650 grams of cocaine and sentenced to mandatory life term in prison w/out possibility of parole. State did not consider that he had no prior felony convictions.
ISSUE: Is it cruel and unusual punishment to give mandatory life sentence for drug possession without prior criminal record? / No. Court held that severe, mandatory penalties may be cruel, but they are not unusual in the constitutional sense. No “proportionality guarantee” is given to determine what is cruel & unusual without reference to the particular offense. 8th Amend. refers to forms of punishment, not lengths of punishment. Justice Scalia said that sentencing doesn’t relate to cruel and unusual punishment.
Cruel and unusual punishment doesn’t apply to sentencing, only the death penalty.
For sentencing… 3 part test:
Is the sentence grossly disproportionate to:
1. Gravity of offense
2. Sentences for same offense in state.
3. Sentences for same offense in other states.
Rochin v. California / 342 U.S. 165 / Unconstitutional / Police officers entered man’s home, tackled him to the ground, and then made a doctor pump his stomach against his will. This procedure produced the evidence of illegal drugs used to convict.
ISSUE: May a state pump a guy’s stomach for drugs in violation of his privacy rights? Does this violate the 4th Amendment (privacy)? / No, can’t pump stomach… Yes, violates 4th amendment. Court found that the police officers' conduct, by illegally violating defendant's privacy, struggling to open his mouth, and forcibly extracting his stomach's contents, shocked the conscience
If gov’t shocks conscience, then hold it unconstitutional
JUDICIAL REVIEW
Marbury v. Madison / 5 U.S. 137 / No ruling; Court didn’t have jurisdiction b/c writ of mandamus was for appellate court jurisdiction / At the end of Pres. Adam’s term in office, he appointed “midnight judges.” Pres. Jefferson refused to uphold the appointments. Secretary of State, Madison, was then sued by one of the appointed judges (Marbury) for enforcing Jefferson's refusal.
Test of Impeachment (Art. 2, § 4):
Treason, bribery, or other high crimes & misdemeanors. (More based on party lines; it can’t be that Congress doesn’t like the way the judge decides or makes his decisions b/c that isn't a sufficient reason to impeach judge). / Marbury doesn’t get the writ of mandamus.
Although the Constitution does not explicitly give the Supreme Court the right to review legislative acts, Justice John Marshall establishes the doctrine of judicial review.
The Court will not, however, review matters of executive discretion (no confrontation b/w Supreme Court and Executive branch). This is known as the political question doctrine.
Supreme Court is the final authority in deciding the constitutionality of federal laws.
It is emphatically the province and duty of the judicial department to say what the law is.
- If a law conflicts with the Constitution, it is the duty of the SC to strike it down.
IMPORTANT: Notice that Marbury is suing the Secretary of State, not the President. When can you sue the President or a State Governor for damages and/or injunctive relief? (See Executive Immunity below).
Can sue the president for equity (mandamus).
POLITICAL QUESTION DOCTRINE:
Bars U.S. Supreme Court from hearing/deciding certain cases b/c answering the question will do more harm than good and b/c Court realizes that it is powerless to enforce some situations (why Marshall decided Marbury the way he did)
Luther v. Borden / 48 U.S. 1 / No ruling / The Dorr Rebellion arose in RI b/c only landowners could vote, leaving 40% of the citizenry unable to vote. A 2nd form of gov’t arose, attempting to overthrow the chartered gov’t. US governor wants the Court to say English Charter governor is unconstitutional
ISSUE: Does the political question doctrine bar the Court from deciding which of the two competing governments in RI is the “true” gov’t of the state? / Yes. The Court refused to choose between the two governments, holding that whether a state government is a legitimate republican form as guaranteed by the Constitution in Article 4, § 4 is a political question to be resolved by the President and Congress. Court recognized it had no power to stop this rebellion.
Too much of a political question: can’t enforce anything – too hot to handle – won’t decide on it.
Massachusetts v. Laird / 400 U.S. 886 / Denied Cert. / Mass. passed a law stating that none of its resident would be required to serve in the Vietnam War abroad b/c Congress had not officially declared war before fighting began. Mass. asked the Court to declare the U.S.’s participation in the Vietnam War as unconstitutional.
ISSUE: Does the political question doctrine bar the Court from declaring a U.S. war that has not been declared by Congress unconstitutional? / Yes. The Court refused to hear the case b/c it would be likely to degrade the governments relationships b/t the branches.
Political questions are not justiciable, which is one of the elements required in order for the U.S. Supreme Court to hear a case.
SC will NOT decide cases of political questions that are likely to degrade the gov’t and the relationship b/w the branches.
McCulloch v. Maryland / 17 U.S. 316 / Unconstitutional / Maryland attempted to tax banks that were not chartered by the state legislature. Maryland was attempting to nail the national bank with fees.
Justice Marshall wrote the opinion; he is a Federalist, who supports a centralized gov’t and national bank.
#1: Marshall does not believe that Maryland’s behavior is an example of a Bill of Attainder; Cochran says it is.
#2: Does Congress have the power to establish a national bank?
#3: Constitution is a compact b/t the people and the federal gov’t; it is not one b/t the states and the federal gov’t.
(First sentence of US Const.: we the PEOPLE – not we the states! Fed. gov’t is not subservient to the states!)
#4: Is there a limit to Congressional power? Yes; they can’t interfere with other parts of the Constitution. Pretext section. / Yes. Court held that Congress had the authority to create a national bank through the Necessary and Proper Clause. Although the Constitution does not specifically give Congress the power to establish a bank, it does delegate the ability to tax and spend, and a bank is a proper and suitable instrument to assist the operations of the government in the collection and disbursement of the revenue. However, there is a limit to this Congressional power.
Because federal laws have supremacy over state laws, Maryland had no power to interfere with the bank’s operation by taxing it.
***Marshall’s opinion put forth idea that Constitution is a living document.
TEST for powers connected to expressly given powers (Necessary and Proper Clause): let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.
Pretext power as stated by Marshall: “Should Congress, in the execution of its powers, adopt measures which are prohibited by the constitution; or should Congress under the pretext of executing its powers, pass laws for the accomplishment of objects not entrusted to the gov’t; it is the duty of SC to declare it uncon.”
EXECUTIVE IMMUNITY:
Scheuer v. Rhodes / 416 U.S. 232 / Unconstitutional / The Ohio Gov. ordered troops into Kent State Univ. during civil rights protests against Vietnam War. Students were killed. Parents sued the Gov. for damages for gross negligence.
ISSUE: Can you sue a state Governor for damages for acts done while in office? / Yes. The Court held that when a state officer acts under a state law in a manner that violates the U.S. Constitution, he is then stripped of his general executive immunity.
Cooper v. Aaron / 358 U.S. 1 / Constitutional / Little Rock School District chose to desegregate the schools, attempting to “save the educations of the white children.” Gov. of Ark. refused to integrate schools and ignore federal government’s instructions to do so. Gov. is then sued for injunctive relief.
ISSUE: Can you sue a state Governor for injunctive relief for acts done while in office? / Yes. 9-0 ruling. Contrast with Marbury v. Madison: Here President Eisenhower supports Supreme Court by sending troops to Arkansas.
The states are bound by the Court’s decisions, and cannot choose to ignore them. Judicial branch exercises power and executive branch backs them up by enforcing the school integration.
Governors & states are subject to federal law & federal opinions.
The Constitution is the “supreme” law of the land and NO elected official can “war against” it w/o subverting his duty to it.
National Treasury Employees Union v. Nixon / 492 F.2d 587 / Constitutional / Pursuant to federal statute, Nixon was suppose to give P a pay increase. Nixon refuses. P sought declaratory judgment to get Nixon to give pay increase.
ISSUE: Can you sue the President while in office with an equity-based suit? / Yes. Like Marshall, can sue the president b/c it is equity based.
Nixon v. Fitzgerald / 457 U.S. 731 / Unconstitutional / Former Pentagon employee sued President Nixon for damages.
ISSUE: Can you sue the President for damages for an act done while in office? / No. The president is not liable for damages for acting within the scope of his presidency; he has executive immunity.
President can’t be sued on damages suit while in office.
You can sue the President for equitable relief for a tort that he has committed while in office.
When it’s a suit of equity or mandamus, then you can file a suit against the president.
Clinton v. Jones / 520 U.S. 681 / Constitutional / Former state employee sued Pres. Clinton for sexual harassment which occurred while he was Attorney General for Arkansas.
ISSUE: Can you sue the President for damages for acts prior to taking office? / Yes. The president is liable for damages for events that happened prior to his presidency and outside the scope of his presidency (Jones harassment happened prior to presidency). Nixon case did not apply here.
Can be sued for damages, b/c wasn’t president at the time the act occurred.
Plame v. Cheney (Wilson v. Libby) / 498 F.Supp.2d 74 / Constitutional / Plame sues Cheney for “outing” her from the CIA stemming from President Bush criticisms.
ISSUE: May the Vice President be sued for damages? / Yes.
RECUSAL:
Refers to the act of a judge abstaining from participation in an official action such as a legal proceeding due to a conflict of interest.
28 USC 455 – judges shouldn’t be involved in proceedings where they’re impartiality might be of consequence.
Laird v. Tatum / 409 U.S. 824 / No recusal / During the Vietnam war, the Pentagon had a surveillance program, which had gov’t people join groups that were against the war to act as informants. A 1st amend. issue was raised. As an officer in the Dept. of Justice, Rehnquist had previously expressed his view that it was constitutional to place surveillance on civilian groups.