Chapter 8

Thomas Jefferson's objection to English law is discussed by David J. Seipp in his article, “Our Law, Their Law, History, and the Citation of Foreign Law,” Boston University Law Review 86 (2006): 1417–46. An article that offers a particularly useful comparative analysis in the modern context is John Ferejohn and Pasquale Pasquino's “Constitutional Adjudication: Lessons from Europe, ” Texas Law Review 82 (2003–2004): 1671–1704.

Cases cited

Supreme Court opinions are published by the government in a series of volumes called United States Reports. Opinions are identified by volume and page number. Thus, the official citation for Brown v. Board of Education is 347 U.S. 483 (1954); it appears beginning on page 483 of vol. 347 of United States Reports and was decided in 1954. In the Court's early decades, there was no United States Reports, and the volumes were known by the name of the Reporter (originally an unofficial, unpaid position) who published them. Thus, Marbury v. Madison is cited today as 1 Cranch(5 U.S.) 137 (1803) because the opinion appeared in a volume produced by William Cranch, the Court's second Reporter. (The first Reporter was Alexander J. Dallas, whose abbreviated name appears in the citations to the Court's earliest opinions.) The early volumes were retrospectively assigned “U.S.” volume numbers later in the nineteenth century, after Congress appropriated money to publish the series. The Court's Reporter of Decisions, as the official position is now known, is still responsible for overseeing the publication of accurate texts of opinions.

What follows are citations for all opinions mentioned in the text and in the References.

Atkins v. Virginia, 536 U.S. 304 (2002)

Board of Regents, University of Alabama v. Garrett, 531 U.S. 356 (2001) Boumediene v. Bush, 553 U.S. 723 (2008)

Bowers v. Hardwick, 478 U.S. 186 (1986)

Brown v. Board of Education, 347 U.S. 483 (1954)

Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984) Chisholm v. Georgia, 2 Dall. (2 U.S.) 419 (1793)

Citizens United v. Federal Election Commission, 558 U.S. 50 (2010) City of Boerne v. Flores, 521 U.S. 507 (1997)

Clinton v. Jones, 520 U.S. 681 (1997)

Coker v. Georgia, 433 U.S. 584 (1977)

Dickerson v. United States, 530 U.S. 428 (2000)

District of Columbia v. Heller, 554 U.S. 570 (2008) Employment Div., Dept. of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990) Gonzales v. Raich, 545 U.S. 1 (2005)

Grutter v. Bollinger, 539 U.S. 306 (2003)

Hamdan v. Rumsfeld, 545 U.S. 557 (2006)

Hayburn's Case, 2 Dall. (2 U.S.) 409 (1792)

Kennedy v. Louisiana, 554 U.S. 407 (2008)

Kimel v. Florida Board of Regents, 528 U.S. 62 (2000) Lawrence v. Texas, 539 U.S. 558 (2003)

Ledbetter v. Goodyear Tire & Rubber Co., Inc., 550 U.S. 618(2007) Lynch v. Donnelly, 505 U.S. 833 (1992)

Marbury v. Madison, 1 Cranch (5 U.S.) 137 (1803)

Martin v. Hunter's Lessee, 14 U.S. 304 (1816)

Massachusetts v. Environmental Protection Agency, 549 U.S. 497(2007) Miranda v. Arizona, 384 U.S. 436 (1966)

Morse v. Frederick, 551 U.S. 393 (2007)

Murphy v. United Parcel Service, Inc., 527 U.S. 516 (1999) Nevada Dept. of Human Resources v. Hibbs, 538 U.S. 721 (2003) Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992) Plessy v. Ferguson, 163 U.S. 537 (1896)

Rasul v. Bush, 542 U.S. 466 (2004)

Roe v. Wade, 410 U.S. 113 (1973)

Roper v. Simmons, 543 U.S. 551 (2005)

Scott v. Sandford, 19 How. (60 U.S.) 393 (1857)

Stuart v. Laird, 1 Cranch (5 U.S.) 299 (1803)

Sutton v. United Airlines, Inc., 527 U.S. 471 (1999) Toyota Motor Mfg. v. Williams, 534 U.S. 184 (2002)

United States v. Lopez, 514 U.S. 549 (1995)

United States v. Morrison, 529 U.S. 598 (2000)

United States v. Nixon, 418 U.S. 683 (1974)

Worcester v. Georgia, 31 U.S. 515 (1832)

Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)