The constitutional law section is now finished!

The Case Law Compendium: United States Law

Constitutional Law 2
‘Flag’ by Jasper Johns

May 25 2018

I have to admit to feeling somewhat sad that this part of the book is now over, largely because I’ve thoroughly enjoyed learning about American history through the historic cases studied, and also because my understanding and deep appreciation of the Federal Constitution has grown from being almost non-existent, to virtually integral to my fundamental outlook on life, while also helping me realise just how unprotected U.K. citizens are, despite the Human Rights Act 1998, and more especially because after the whole ‘Brexit’ travesty there is soon to be no more protection offered through the European Court of Human Rights.

In all honesty I feel I now identify more with America than ever before, and given that I’ve never visited the country, there are certainly more compelling reasons than ever to get that arranged, perhaps if I sell enough copies of this compendium, that moment might just arrive, who knows?

As a side note I also recently learned that my mother’s biological father was born and raised in San Francisco, so I guess that makes me part American, right?

Anyway, I digress, and so here is the list of cases that can be found in the constitutional law section of the compendium. I hope I haven’t missed any out, and I will close this chapter by saying that it’s been great fun going on this part of the journey, and I will certainly miss it.

Constitutional Law

1. Allgeyer v. State of Louisiana

2. Board of Trustees of University of Alabama v. Garrett

3. Bolling v. Sharpe

4. Boumediene v. Bush

5. Brandenburg v. Ohio

6. Branzburg v. Hayes

7. Brown v. Board of Ed. of Topeka, Shawnee County, Kan.

8. Buckley v. Valeo

9. Bush v. Gore

10. Calder v. Bull

11. Chevron USA Inc. v. Natural Resources Defence Council Inc.

12. Chisholm v. Georgia

13. City of Boerne v. Flores

14. Cooper v. Aaron

15. Corfield v. Coryell

16. District of Columbia v. Heller

17. Dred Scott v. Sandford

18. Employment Div. Dept. of Human Resources of Oregon v. Smith

19. Engel v. Vitale

20. Fletcher v. Peck

21. Garcia v. San Antonio Metropolitan Transit Authority

22. Gibbons v. Ogden

23. Gregory v. Ashcroft

24. Griswold v. Connecticut

25. Hamdi v. Rumsfeld

26. Katzenbach v. Morgan

27. Kennedy v. Louisiana

28. Kimel v. Florida Board of Regents

29. Lochner v. New York

30. Marbury v. Madison

31. M’Culloch v. State

32. National League of Cities v. Usery

33. Nevada Dept. of Human Resources v. Hibbs

34. New York City Transit Authority v. Beazer

35. New York v. U.S.

36. Parents Involved in Community Schools v. Seattle School District No.1

37. Plessy v. Ferguson

38. Poe v. Ullman

39. Printz v. U.S.

40. R.A.V. v. City of St.Paul, Minn.

41. Romer v. Evans

42. Slaughter-House Cases

43. U.S. v. Carolene Products Co.

44. U.S. v. Guest

45. U.S. v. Morrison

46. West Virginia State Board of Education v. Barnette

47. Whitney v. California

Arver v. U.S.

US Constitutional Law

Arver v. U.S.
‘On the Wire’ by Harvey Thomas Dunn

In a suit concerning the alleged servitude of previously disparate citizens, the meticulously prepared terms of the U.S. Constitution were construed to be no more than oppressive and unfair expectations of those living under their otherwise protective measures.

Art. I,  § 8, cl. 11 of the U.S. Constitution reads that Congress is empowered:

“To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water….”

And thus art. I, § 8, cl. 12 provides that Congress can:

“[R]aise and support armies….”

While art. I, § 8, cl. 18 further states that Congress has the power:

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof.”

Those same constitutional powers are then supported by art. VI, cl. 2, which explains that:

“This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the Judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding.”

However in times of crisis, the Federal Constitution also provides that Congress is granted power:

“To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.”

Which denotes that while Congress was constitutionally free to raise armies by enlistment or compulsory draft, the actual construction of the U.S. militia was one left for individual States to arrange. 

Under the National Guard Act of 1903, those same militia use during the preceding civil wars were converted into the National Guard, while a further number were used to create the National Guard Reserve under the National Defense Act of 1916, both of which were then trained and organised by the individual States, thus when Congress enacted ‘An Act to authorize the President to increase temporarily the military establishment of the United States’  in 1917, a number of men argued that such legislation was violative of the Thirteenth Amendment to the Constitution, which itself read that:

“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

Despite which, all six of the defendants were convicted in the District Courts of both Minnesota and New York, before petitioning to the U.S. Supreme Court under writ of error, who duly reminded them of the above separation of powers under the Constitution, while also noting by way of example, that when referencing the definition of militia, art. 8 of the Pennsylvania Constitution of 1776 clearly explained:

“That every member of society hath a right to be protected in the enjoyment of life, liberty, and property, and therefore is bound to contribute his proportion toward the expense of that protection, and yield his personal service when necessary, or an equivalent thereto.”

Therefore with little empathy for the petitioners’ complaints, the Court upheld the two district court judgments in full.

U.S. v. Price

US Constitutional Law

U.S. v. Price
‘Murder in Mississippi’ by Norman Rockwell

In a controversial case involving assault and murder, the actions of both law enforcement officers and citizens of Neshoba County, Mississippi, amounted to the wanton execution of three unarmed African-Americans in the same year that the Civil Rights Act of 1964 was born.

Having detained the men on grounds unestablished during the appeal, the now defendant Deputy Sheriff released them without charge in the early hours of a June morning, only to later pull their vehicle over on Highway 19, whereupon he removed them from the car and drove them in his own police vehicle, to an unpaved road located off the highway.

It was there that the respondent, along with another seventeen men, two of which included a Sheriff Rainey and Patrolman Willis of the Philadelphia, Mississippi Police Department collectively assaulted, shot and killed the men in cold blood, before removing their bodies to a dam construction site located roughly five miles southwest of Philadelphia, Mississippi.

Upon indictment to the District Court for the Southern District of Mississippi, the defendants were charged with direct violations of 18 U.S.C. §§  241 and 242, which read that:

“(§ 241) If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same….They shall be fined not more than $5,000 or imprisoned not more than ten years, or both.”

(§ 242) Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State….to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States….by reason of his color, or race….shall be fined under this title or imprisoned not more than one year, or both….and if death results from the acts committed in violation of this section….shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.”

Along with allegations that the assaults were violative of the now-deceased victims’ rights to trial under the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution.

With consideration of the limitations of constitutional statute, and the precedent that such protections were only enforceable between citizens and States, the court held the convictions unlawful and the charges were thus dismissed by a grand jury, after which the United States appealed to U.S. Supreme Court in the hope of greater clarity of judgment.

Tackling § 242 first, the Court noted that while the officers were clearly acting under ‘color of law’ in a literal sense, nothing altered the fact that the same term applied not only to those employed by the State, but to all civilians of the United States, therefore the Court upheld the charges while holding that:

“[T]hey were participants in official lawlessness, acting in wilful concert with State officers and hence under color of law.”

While in relation to § 241, the Court highlighted that in U.S. v. Williams, the Court had held § 241 as inapplicable to the Fourteenth Amendment, however the overall decision came not from uniform judicial agreement, but a single ruling of res judicata, which left the issue of applicability unanswered until now.

It was at this point that the Court held instead, how:

“s 241 must be read as it is written-to reach conspiracies to injure any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States; that this language includes rights or privileges protected by the Fourteenth Amendment….”

While adding that:

“[T]he State, without the semblance of due process of law as required of it by the Fourteenth Amendment, used its sovereign power and office to release the victims from jail so that they were not charged and tried as required by law, but instead could be intercepted and killed. If the Fourteenth Amendment forbids denial of counsel, it clearly denounces denial of any trial at all.”

After which the Court promptly reversed and remanded the case back to the district court, while reminding the parties that:

“[A] decision interpreting a federal law in accordance with its historical design, to punish denials by State action of constitutional rights of the person can hardly be regarded as adversely affecting the wise adjustment between State responsibility and national control…”