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89 Cards in this Set

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Footnote 4
legislative authority over economic matters is plenary and is entitled to a presmption of constitutionality
I presume my feet are constitutional
when would the court look at economic legislation more closely (in contrast to the SOR footnote 4 proposes)?
when it affects a "discreet and insular" minority
Marbury v Madison
case: court cannot issue Madison a Mandamus because of conflicting original and appelate authorities
Rule: National government is subject to the courts--Judicial review
"unius est exclusio alterius"
by enumerating some things the constitution necessarily excludes others
what 3 constitutioinal sources does the court consult in forming opinions
what is the doctrine of constitutional avoidance?
interpretations of the constitution must be constitutional
what is a "threshold question"?
a question that must be decided before the court can legitimately enter the issure.
what are 4 threshold questions
1. jurisdiction
2. political questions
3. standing
4. mootness / ripeness
Where, What, Who, When?
what are the two jurisdictional questions?
jurisdiction to hear the case
jurisdiction to grant a remedy
Cooper v Aaron
case: Arkansas governor didn't desegragate claiming that Brown didn't apply to all the states.
Rule: Judicial review extends to states
Case: statute invalidates Miranda decision--people don't need to be warned explicitly
Rule: congress cannot overturn a SC interpretation by statute
dickerson's rules got overturned
Nixon v US
Case: request that court review the senate's trial proceedings
Rule: textual commitment = non-justiciable
Baker v Carr
Case: Tennessee reaportionment is justiciable
Rule: justiciability extends to equal protection
bakers wanted more representation
Luther v Borden
ensuring a republican form of government is not a justiciable issue
most lutherans are republicans
6 tests for a political question
1. Textual commitment
2. No judicial standards
3. Lack of Policy (necessary to decide)
4. decision would imply lack of respect to another branch
5.adherence to existing political decision
6.embarrasing departmental contradiction
TSPRAE: To some people, Religions are everything
What is standing?
a personal stake in a case or controversy
what are the three elements of standing?
1. Injury in fact
2. the conduct caused the injury
3. plaintiff is likely to receive redress
ICL: I cant leave
what are the 3 elements of an "injury in fct"
1. concrete and particular
2. actual or imminent
3. not hypothetical
when determining standing, how do you know that the conduct caused the injury?
1. the injury must be "fairily traceable."
2. it is not the result of the independent action of some third party.
where do we find the "cases or controversies" section?
Article 3
Section 2
3 yr olds and 2 yr olds fight a lot
Where do we find The Civil War Amendments
Amendments 13, 14, and 15
Where do we find The Commerce Clause
Article 1,
Section 8,
Clause 3
Where do we find The Due Process Clause
Amendment 5
Amendment 14, Clause 1
its a right
Where do we find The Equal Protection Clause
14th Amendment, Clause 1
its a right
Where do we find The Establishment Clause
1st Amendment
first things first
Where do we find The General Welfare Clause
Article 1, Section 8, Clause 1
first of the 1:8's
Where do we find The Interstate Commerce Clause
Article 1, Section 8, Clause 3
Where do we find The Necessary and Proper Clause
Article 1, Section 8, Clause 18
last of the 1:8's
Where do we find The Privileges and Immunities Clause
Article 4, Section 2
P and I double every 2 years
Where do we find The Supremacy Clause
Article 6, Clause 2
Where do we find The Trial by Jury Clause
7th Amendment
Which is The Women's Suffrage Amendment
Amendment 19
can mootness and ripeness issues be refiled?
yes--like standing, they are not dismissals on the merits.
Warth v Seldin
Case: penfield is discriminatory
Rule: no standing, no case
Lujan v Defenders of wildlife
Case: ESA should apply to the world.
Rule: no standing, no case
what is "qui tam"?
a suit brought by an individual on behalf of the government (esspecially a whistleblower suit).
can polictical questions ever be addressed by the court
yes--Bush v Gore: the question demanded an answer.
Gibbons v Ogden
Case: Ogden has an exclusive state license.
Rule: "Commerce" is "intercourse"--this case is within federal commerce power
What ammendment reserves powers to the states?
10th amendment
McCulloch v Maryland
Case: Maryland tries to tax Bank of US.
Rule: "necessary and proper" is a power, not a limitation it means congress can do anything as long as the means have a "plain relation" to the ends
Term limits v Thornton
Case: Arkansas amended qualifications to prohibit someone from running
Rule: not within "original" powers of states--cannot be reserved.
Hammer v Dagenhart
case: struck down congressional act that excluded products of child labor from interstate commerce
Rule: commerce clause can't be used to police child labor
kids work with hammers
case: congress tried to prohibit shipment of lumber manufactured by underpaid workers
Rule: Congress can police wages (overturns Dagenhart)
Darby establishes "rationality review"
darby and the underpaid people
Wickard v Filburn
case: guy grows more wheat than he is alloted
Rule:if there is a substantial economic effect (even in the aggregate) on interstate commerce, congress can regulate it.
substantial wick
Heart of Atlanta Motel
commerce power can be used to police discrimination in the travel business
heart of our travel industry is black
Katzenbach v McClung
Commerce power can be used to police discrimination in the restaurant business
cats in the back cooking
under the commerce clause, congress can make laws regarding what three parts of commerce?
1. instrumentalities (people, machines, etc)
2. channels (roads, etc)
3. activities with a substantial relation.
what does anti-comandeering refer to?
Congress cannot force the states to enact or to enforce legislation.
case: gun freeschool zones act under the commerce power is overruled because it has nothing to do with commerce.
Rule: Lopez increased the rationality review with three catagories that congress could regulate: channels, inturumentalities, and activities (with a substantial commercial effect)
case: rape, can congress regulate gender-based violence under the commerce clause?
Rule: court must find with facts that it is an economic activity that has a substantial effect on commerce.
Gonzales v Raich
case: medicinal marijuana
rule: congress can regulate purely local activities that are part of an economic class of acticities that have a substantial effect on interstate commerce
what is the difference between facial challenges and "as applied" challenges?
FC: deals with the constitutionality of a law's passage nad execution.
AAC: deals with one specific case.
2 pre-requisites for state immunity under National League of Cities
1. must regulate the "states as states"
2. must address matters that are indisputably attributes of state soverignty
Case: federal labor regulations applied to state-owned bus system
Rule: court upholds general laws--not aimed specifically at states--and there are procedural safeguards: if the people don't like it, they should write their congressman.
Case: coercive radioactive waste disposal.
Rule: congress may encourage but may not compel states to legislate or enforce legislation (because state governments answer to the people--not to the feds).
Printz v US
case: gun buyer profiling, enforcement through state police.
Rule: congress can't comandeer states
due process and
equal protection
power to enforce remedial legislation
what is strict scrutiny (with reference to 14:5)?
government must:
1. have a compelling interest in the end
2. bring it about with the least restrictive means
means and ends
what is intermediate scrutiny (with reference to 14:5)?
1. the end must be significant
2. and the means must be closely related to the end
means and ends
what is rationality review(with reference to 14:5)?
is there a legitimate end?
is there a rational basis for the means?
means and ends
Katzenbach v Morgan
case: voters must have passed 6th grade instead of take literacy test
rule: court deferentially uses rationality review
can a federal religious freedom act override state law?
Rule: no, 14:5 intermediate scrutiny (congruence nad proportionality)
Morrison argued on 14:5
14:5 can only remedy unjust laws of a state, not actions of individuals
what are the 5 questions to abrogate state soveriegn immunity with anti discrimination legislation under article 14:5?
1. is there a clear legislative record demonstrating discrimination?
2. is it the state's fault?
3. is the measure remedial
4. is it congruent (similar)
5. is it proportional (in scope)?
DSRCP: dang special remedies can pass
US v Butler
Case: courts deny benefit payments to farmers who reduce their acerage
Rule: spending must be for general welfare--not local, and spending power cannot be used for illegitimate ends
butlers don't generally spend money
Steward v Davis
congress upholds credit of federal SS tax for contributions to a state unemployment plan
federal stewardship includes state unemployment
3 prong spending power test
1. general welfare
2. legitimate end
3. tax related to need
spending power has a rationality review regarding...
the means rather than the ends
South Dakota v Dole
Case: Feds withhold 5% highway funds to encourage federal drinking age standards.
Rule: congress can act indirectly by imposing conditions on federal funds to obtain objectives that it might not be able to obtain directly
spending power is limited in 4 ways:
1. general welfare
2. unambiguous conditions
3. conditions must be related to national programs
4. conditions must clearly be otherwise constitutional
wcrc: we can't really cut (money)
welfare, conditions, related, constitutional
in the case of concurrent commerce powers between federal and state, who wins? (what case)?
Federal, Gibbons
my river, no mine
what if Feds aren't using a certain interstate channeling power, like building dams, can states do it themselves? (case?)
yes. (Wilson)
dammit wilson, control the channel
Can we prohibit importation of environmentally destructive substances solely because of where they're from? (case)?
No. Not if its just for that reason. (Philadelphia v New Jersey)
philadelphia is already a trashy city
states can only regulate interstate commerce to protect and only if there is .
health; no other way to do it
can we protect our state producers against cheaper, out-of-state competition? (case)
No. You can mess with commerce to protect your health, but not your wealth. (Baldwin)
the best pianos are from out of state
what's the SOR for facial interstate commerce discrimination?
virtually per se rule of invalidity
What's the standard of review for a facially neutral state intrusion into interstate commerce?
burdens v benefit
case: Arizona wanted superior cantaloupes stamped "Arizona"
Rule: this case introduced the intermediate scrutiny "pike balancing test" of facially neutral (non-protectionist or discriminatory) commerce legislation: burden v benefit
a pike dive takes balance
Case: Iowa made a law barring 65 foot trailers
Rule: a law's utility gets rationality review, its effect (not purpose)gets pike balancing test (unless it is facially discriminatory)
the tower in the castle has an effective standard.
Bacchus v Dias
Case: Hawaii taxed all alcohol except a certain locally made drink
Rule: purpose of law was reviewed rather than effect (as established in Kassel)
back in the day I drank wine in Hawaii
what are the limits of the market participant doctrine?
states may impose burdens on commerce within the market but no further. The state may not impose conditions, that have a substantial regulatory effect outside of that particular market
South Central Timber
what is the purpose of the privileges and immunities clause?
it protects citizens against discrimination
does the PIC apply to all discrimination? if not, what are the conditions for legitimate discrimination?
1. reason?
2. proportional?
discrimination is not good PR...or RP, I mean
5 Differences between Commerce Clause and Privileges and Immunities clause
1. no corporate protection
2. non-waivable
3. stricter than the Pike balancing test
4. "fundamental"--not commercial
5. no "market participant" exception
Hiking privilege--"can we stop for a minute?"
case: 40% city employees be Camden residents.
rule: PIC affects municipalities (not just states) and PIC has no market participant exception
2 questions to ask for a PIC challenge?
1. is the right that has been intruded on a "fundamental" right?
2. is the law aimed at solving an overriding societal evil?
camden remanded
why cant corporations bring suit under the PIC?
they are not citizins and so lack standing
when do the dormant commerce clause and the privileges and immunities clause overlap?
when there is an area of "discrimination regarding interstate rights within commerce"