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Concepts from Con. Law.

Judicial review over executive and legislative matters
o Marbury v. Madison
Judicial Review over state court decisions (appellate) (civil)
o Martin v. Hunter’s Lessee
Supremacy clause of article vi
Article iii:
Treaty at federal level
Jurisdiction to fed. courts over state matters
Judicial appellate review over state decisions (criminal)
o Cohens v. Virginia l,
2nd Amendment (individual right to bear arms regardless of militia service) @ federal
o D.C. v. Heller
2nd Amendment (individual right to bear arms regardless of militia service) @ state level
o McDonald v. City of Chicago
o Brings decision from d.c. heller from federal level to state level (2nd amendment
applies equally to federal, state, and local gov.)
Bill of Rights only applies to fed. gov not state (no incorporation)
o Barron v. City Council of Baltimore
Takings clause (5th)
Narrow interpretation of 13th applying to only freed slaves & 14th applying to states and
not private (denial of selective incorporation)
o Slaughterhouse cases
Privileges and immunities
Privileges and Immunities clause used to establish the right to travel as protected by equal
protections clause of the 14th amendment
o Saenz v. Roe
Selective incorporation of 6th amendment via due process of 14th amendment
o Duncan v. Louisiana
First articulation of the state action doctrine (14th doesn’t apply to private conduct unless
proof of state involvement)
o Civil Rights Cases: U.S. v. Stanley
State action exemption (public function & entanglement) (expansive interpretation of 14th
o Marsh v. Alabama
Extensive state regulation of a public utility does not transform its actions into state
actions (electricity not a public function)
o Jackson v. metropolitan Edison co
Elections are traditionally a state function, so white only primaries are unconstitutional
(equal protections and public function)
o Terry v. Adams