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Judicial review over executive and legislative matters
o Marbury v. Madison
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Judicial Review over state court decisions (appellate) (civil)
o Martin v. Hunter’s Lessee
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Supremacy clause of article vi
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Article iii:
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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
level
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
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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
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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
amendment)
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