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72 Cards in this Set

  • Front
  • Back
Gibbins V. Ogden
CC gives congress power to regulate navigation between 2 states
Congress may estblish wage and hour standards for the manufacture of interstate goods
Wickard V. Filburn
Congress may regulate individual home production of agriculture based on the substantial effect on IC of the aggregate
Heart of Atlanta
Congress may prohibit racial discrimin. by private motels that accept out of state business
Katzenbach V. McClung
Congress may forbid racial disc. in a restaurant just because some of the food it serves comes from out of state.
Congress may regulate: channels, instrumentalities, activities with a subst. relation to I.C.
Substantial effect means
1) economic
2) Jurisd. Nexus
3) show formal findings
4) not 2 attenuated
Nat. League of Cities
Congress cannot infringe state Autonomy through the commerce power (over ruled in Garcia)
congress may not direct states to regulate in a particular field or a particular way even if the subject matter is with in interstate commerce
Printz V. Cordon
personal information may be a "thing in interstate commerce" which may be handled by state authorities
Seminole tribe
the commerce power cannot waive sovereign I
Kimel V. Florida
congress cannot subject state employers to litigation brought by private individuals even under 14:5
US V. Butler
congress may not coercively spend to operate programs that regulate subjects rescued to the states
Steward Machine
congress may reduce private employers tax obligations by crediting payments made to federally approved state unemployment plans
South Dakota V. Dole
congress may conition Federal funds on compliance with national programs
Philidelphia V. New Jersey
states cannot prohibit importation of environmentally distructive substances just based on origin
Chemical waste management V. Hunt
Facially discriminatory fees and taxes violate the DCC
Hunt V. Washington
state has burden of showing actual local benefits and unavoidability of nondiscrinitory alternatives
Pike V. Bruce Church
if state has legitimate local purpose and the I. Commerce effects are merely incidental teh regulation will be upheld unless the burden clearly exceeds the local benefits
courts may look at evidence to determine whether a state's safety interest is real and substantial enough to burden I.C.
South Central Timber
A state can be a market participant
PIC applies to municipalitites and peculiar evils must be shown with formal findings
state must have substantial reason for discrimination and the conduct must have a substantial relationship to that reason
Jacksons 3 categories
Dames and Moore
high defenence where president acts puruant to statute
War Powers Resolution 1973
if president deploys troops without congressional declaration he must 1) formally report to congress 2) in the absence of congressional action he must withdraw within 60 days --this may not be constitutional --congress has never taken any formal action
enemy combatants may be tried without the right to a jury, unlawful combatants are not POWs and may be tried by military tribunals
1) president does not have authority to detain citizens indefinately with no opportunity for an impartial hearing 2) where the writ of HC is not suspended, detainees may seek a habcas determination to determine whether they are in the category subject to detertion
individual liberty to contract is a fundamental right incorporated by the 14th ammendment
a state may control retail prices without offending DP
Carolene Products
footnote 4: congress has plenary power over economic legislation. Scrutiny will only increase where legislation threatens a discreet and insular minority
Williamson V. Lee Optical
state business regulation need not be essential or directly related to a harm.
re-developing a DC slum is public benefit
Hawaii Housing
Takings clause has rational basis test
states may alter contractual obligations temporarily in emergencies
Meyer V. Nebraska
right to marry and raise children a fundamental
parental right to oversee childs education is fundamental
right ot procreate is fundamental
use of contraceptives is within right to privacy
Roe V. Wade
right to terminate pregnancy before viability is fundamental under privacy
3 holdings of Roe (articulated in Casey)
1) woman's right to abort before viability without undue state interference 2) states power to restrict abortions after viability as long as there are exceptions to protect woman's life or health 3) states legitimate interest in protecting health of the woman and life of fetus.
sexual relations are part of the fundamental right to personal autonomy (overruling Bowers)
planned parenthood
womans decision to terminate pregnancy cannot be made subject to parental or spousal consent
state cannont say abortion has to be in a hospital or prescribe waiting periods
state may financially favor child birth over obortion
state may impose certain notification and consent requirments consistant with the 3 "essential" holdings of Roe--still no spousal consent, and only parental consent where there is a judicial bypass
state may not deny a marriage license to someone for not paying child support
restricting family living arrangments gets strict scrutiny
Michael H.
upholds state presumption of legitimate child because SDP rights follow tradition
homosexual sodomy is not a fundamental right
class-based legislation aimed at harming homosexuals violates EPC. Animus is never a legitmate state interest
suspect classifications may survive strict scrutiny during war times
Plessy V. Ferguson
separate but equal doctrine
Brown V. Board of Education
separate but equal is inherantly unequal
Loving V. Virginia
racial classifications subject to most rigid scrutiny (miscegenation case)
court may not divest natural mother's custody because o her marriage to man of another race
Yick Wo
discriminatory application of an apparently neutral statute denies EP
swimming pools: motivation isn't enough alone
Washington V. Davis
effects alone are not enough for EP
Arlington Heights
effects alone are not enough for EP
there is no "benign" racial preference. program may consider race as one of many factors contributing to diversity, but not fixed #
diversity in education is a compelling state interest
may not confer 1/5 points based on race
congress gets deference to act remedially and may require a minimum minority participation in city contracts as a condition for federal funds
city cannot have a "set-aside" program for minority contractors where there is not evidence of past discrimination at the governement level
government use of race-based classification is awarding city contracts fails under strict scrutiny--even for affirmative action
military may not require service women (but not service men) to show spousal dependancy before claiming them as dependents
Craig V. Boren
gender classifications must serve important governmental objectives and must be substantially related to those objectives
Mississippi V. Hogan
state may not exclude males from state supported nursing school
state may not sponsor a single-sex school without sponsoring another one for women
state may exclude pregnancy from disability insurance although it only effects women
Michael M.
state may have statuatory rape law that only prosecutes men--legislation may classify if it realistically reflects that men and women are not similarly situated in certain circumstances.