Constitutional Law of Rock and Roll
In American constitutional law, as in life, there are few questions that cannot be answered by rock and roll. These major cases are recast in musical terms. Each case has an alternate name, derived from a popular band or performer, and each ruling is represented by a song from that musical act.
The links will redirect you to the Supreme Court’s original opinions, as well as the performers and their respective songs. To examine the companion list, The Supreme Court of Rock and Roll, click here.
| Original Case | Rock and Roll Case |
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 | Over what branch of government may the Supreme Court exercise judicial review? |
 | Marten Years After v. Hunter’s Lessee Can the Supreme Court assert the authority to review state court decisions on issues of federal law? |
 | Ex Parte McHeartle What power does the Supreme Court possess after Congress withdraws its appellate jurisdiction? |
 | Baker v. Carrly Simon Is the Supreme Court competent to judge the question of legislative apportionment? |
 | Stevie Nickson v. U.S. Are the Senate’s procedures for impeachment a justiciable question? |
 | The Clasht v. Cohen Do taxpayers have standing to challenge government spending? |
 | Bush v. Lesley Gore Can a presidential candidate seek relief in the Supreme Court to stop a state’s ballot recount that would likely result in that candidate losing the election? |
 | McRaitt v. Daugherty Does Congress have the power to compel private individuals to appear before it and provide testimony? |
 | Watkins (Not Watkins) v. U.S. May the House Un-American Activities Committee compel a witness to expose members of the Communist Party? |
 | Men Without Barenblatts v. U.S. Upon what authority may Congress invest in a committtee the power to investigate Communist activity? |
 | South Carolina v. Straycatzenbach Does Congress have the power to send federal officials to monitor state elections? |
 | Clintoto v. City of New York May the President cancel individual items in an appropriations bill? |
 | Marrivon Gaye v. Olson Can the federal courts appoint an independent counsel with subpoena power? |
 | U.S. v. Nickson Lowe Can the President assert absolute executive privilege to withhold information in a criminal investigation? |
 | Is a sitting president entitled to absolute immunity from civil suit? * “The way I see it,” he said, “You just can’t win it.” |
 | U.S. v. Curtis Mayfield Export Corp. Is the President authorized to impose an embargo on the sale of planes to Bolivia? |
 | INXS v. Chadha Is Congress required to present a legislative veto to the President? |
 | Lauper v. Synar Do the powers assigned to the Comptroller General under the Balanced Budget and Emergency Deficit Control Act violate the separation of powers? |
 | The Lloyd Prize Cases Did President Lincoln have the authority to impose a naval blockade of southern ports in the absence of a declaration of war? (As in, Lincoln’s war power will enable him to “stagger” — i.e., to stun or to cause to waver or falter — the South’s military commander.) |
 | Ex Parte Millincamp Can the president use martial law when the civil courts are operational? |
 | Ex Parte Berlin May the President use military commissions to try, convict, and sentence to death Nazi saboteurs? |
 | Korematsupertramp v. U.S. Does the president have the power to hold Japanese Americans in internment camps during World War II? |
 | Neil Youngstown Sheet & Tube v. Sawyer What power does the President possess in times of national emergency? |
 | Dames & Doors v. Regan Does the president have the power to enter into an excutive agreement with another nation, without authorization from Congress, to resolve an international crisis? |
 | Hamdi v. Humbled Pie Can the exectuive detain indefinitely an enemy combatant? |
 | McCulture Club v. Maryland Can Maryland use its taxing power to destroy the national government? |
 | Dred Scott v. Santanaford May a slave sue for his freedom in federal court? |
 | Prince v. U.S. When may the federal government commandeer state law enforcement officials to implement federal law? |
| Alden v. 10,000 Maineiacs Does the text of the 11th Amendment mean that states enjoy sovereign immunity only in federal court? |
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| Gibb v. Ogden Does Congress’s power over interstate commerce extend to all commercial intercourse? |
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 | U.S. v. E.C. Knight and the Pips Given a distinction between production and commerce, which may Congress regulate under the Commerce Clause? |
| Stafford v. Paper Wallace Can Congress use the Packers & Stockyards Act to prohibit conspriacies to restrain trade in the meat industy? |
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| Champion v. Elmore James Are lottery tickets items of commerce subject to congressional regulation? |
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 | MC Hammer v. Dagenhart Can Congress prohibit the interstate shipment of the products of child labor? |
 | Schychtyr Pyltry Corp. v. U.S. May Congress regulate the sale of unhealthy chickens? |
 | NLRB v. Vogues & Laughlin Steel Corp. Does Congress have the power to regulate labor-management disputes? |
 | U.S. v. Yardbird Lumber Co. To what extent may Congress regulate intrastate activity that affects interstate commerce? |
 | Dionne Warwickard v. Filburn Is it within the power of Congress to regulate wheat not intended for commerce but wholly for consumption on a farm? |
 | Tom Petty & The Heart of Atlanta Motel v. U.S. Where does the Civil Rights Act place a local racially-discriminatory public accommodation that advertises to interstate travelers? |
 | Katzenbachman-Turner Overdrive v. McClung Can Congress utilize its commerce power to achieve social ends? |
 | Garstevie v. SAMTA May the national government impose minimum wage requirements for state and local employees? |
 | U.S. v. Elvis Costellopez May Congress criminalize the possession of a firearm near a school? |
 | U.S. v. Roy Morbisson Does Congress have the power to enact the Violence Against Women Act? |
 | Gonzales v. Raicharles Does Congress’s commerce power extend to the intrastate growth and use of marijuana for medical purposes? |
 | National Federation of Independent Business v. Sebelius Brothers & Sister Rose May Congress use its taxing power to induce people to buy health insurance? |
 | Kooley & The Gang v. Board of Wardens May a state place a local pilot on incoming ships? |
 | Hunt v. Washington State Appolice Advertising Commission Can a state enact a protectionist label law to discourage residents from purchasing out-of-state apples? |
 | The Mainvelettes v. Taylor Does a state ban on the importation of live bait burden interstate commerce? |
 Granholm v. Heald (2005) | Granholm v. Jerry Heald Lewis Does a state law prohbiting out-of-state wineries from making sales directly to consumers violate the Commerce Clause? |
 | The McCraytions v. U.S. Can Congress aid the dairy industry by taxing margarine in order to discourage its purchase? |
 | Bill Baley & His Comets v. Drexel Furniture Co. Can Congress regulate the working hours of children? |
 | South Dakota v. Bob Dolan May Congress withhold federal highway funds in order to encourage states to raise their drinking ages? |
 | Fletcher v. Peck Floyd What makes a land transaction valid under the Contract Clause when a prior transaction was fraudulent? |
 | Carsmouth College v. Woodward Can a state alter a private college’s charter to convert that school into a public institution? |
 | Charles River Bridge v. War Bridge Can two publicly chartered bridges exist side-by-side on the same river? |
 | Home Building & Loan Association v. Blaisdelfonics Does a state law altering the terms of home mortgage agreements violate the Contract Clause? |
 | Allied Structural Steel Co. v. Spannau Ballet What prevents a state from altering the pension plan of a private employer? |
 | The Slaughter Crowded House Cases Did the passage of the Fourteenth Amendment transfer protection of civil rights from the states to the national government? |
 | Tone-Locner v. New York What may individuals do under the liberty of contract? |
 | Mulli Vanilli v. Oregon May the state protect the physical wellbeing of women by setting maximum hours for their work in factories and laundries? |
 | Donnadkins Summer v. Children’s Hospital Does Congress have the power to establish a minimum wage for women? |
 | West Coast Hotel v. Parrishalamar Can a state require that a minimum wage be paid to a chambermaid in a hotel? |
 | U.S. v. Zaumby May the federal government build a military airbase that renders a nearby chicken farm useless? |
 | The 5th Dimenn Central Transportation Co. v. New York City Is a prohibition on constructing a high-rise office building on top of a historic landmark a taking? |
Nollan Stones v. California Coastal Commission Is it a taking when the state conditions a building permit on a beachfront property owner allowing a public pathway on the property? |
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 | Lucas v. South Carolina Coasters Council Is a ban on all economicaly viable use of property a taking? |
 | Chuck Berryman v. Parker Can a commerical property be taken for the purposes of eliminating substandard residential property? |
 | Keloggins & Messina v. City of New London What property may the state take for the purposes of economic development? |
