CON LAW NOTES 11/1

Slaughterhouse cases- 1873
-essentially blocked enforcement of the 14th amendment for ~75 years
-READ THEM
there are descriptions of two cases in the supplement which we should read to understand standing to sue
-1st case- involves Daimler-Chrysler (Daimler-Chrysler vs Cuno (page 10))
-ohio offered a tax credit to Daimler-Chrysler to expand operations in ohio
-question- Who has standing to sue?
-a bunch of taxpayers got together and sued, arguing that it posed a burden on the taxpayers
-it was decided that the taxpayers didnt have the requisite interest to bring the case
-2nd case involves gerrymandering
-challenge to Tom Delay's effort to gerrymander texas to score a bunch of seats
-again, who has standing to sue? god only knows

Political Questions Doctrine
-there are some times when the supreme court need not to decide a case, and there has to be some rationale for doing so
-seeds of this doctrine in Marbury v Madison
-Luther v Borden is a good example of this case. for some reason
-happened in Rhode Island, was pretty much like a small civil war, with an insurgency and a competing government
-insurgency sued with the question of whether the Rhode Island charter violated the guaranteeing of a republican form of government clause in the constitution
-supreme court ruled that this was non-justiciable

Child Labor amendment- proposed because the senate wanted control over child labor
-question in a case with this amendment:
-does the lieutenant governor have the right to cast a tie-breaking vote in a ratification tie?
-court pussied out again

prior to 1842, congressional representatives could be elected 'at large'
-at that point, the court ruled something like 'one man one vote'

aaannnnnnnnndd i stopped taking notes.