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38 Cards in this Set
- Front
- Back
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Article I
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Legislative Branch
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Article I, Section 8
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Commerce Clause
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Article II
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Executive Branch
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Article II, Section 2
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Commander in Chief
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Article III
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Judicial Branch
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Article VI, Section II
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Supremacy Clause
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Article IV
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Relationship of States and Federal/State Relationships
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What was the holding of Marbury v. Madison?
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- Constitution is the supreme law of the land
- the Supreme Court decides what the law is |
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What was the holding of McCulloch v. Maryland?
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- Congress has powers not explicitly stated in the Constitution
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What does Allen v. Wright say about injury for standing?
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- injury must be "distinct and palpable" and "not abstract, conjectural, or hypothetical"
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What is standing?
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being qualified to bring a cause of action from suffering actual legal harm
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What are the requirements for standing under Lujan v. Defenders of Wildlife?
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- concrete and actual injury in fact
- causal connection between conduct and injury - likelihood that injury will be redressed by favorable decision |
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What is the holding of Gibbons v. Ogden?
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- Congressional power to regulate commerce is limited only by the Constitution
- States are generally authorized to regulate commerce dealing with Health, Safety and Welfare |
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What is the holding of NLRB v. J&L Steel?
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- Congress can legislate intrastate commerce if "close and substantial relationship to interstate commerce" exists
- overrules E.C. Knight, Schecter |
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What is the holding of Wickard v. Filburn?
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- Congress has power to regulate if there is substantial economic effect on interstate commerce
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What is the holding of U.S v. Darby?
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- Congress has power to regulate commerce that is injurious to public morals
- if there is legitimate basis for regulating, Congress may use any reasonable means - overrules Hammer v. Dagenhart |
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What is the holding of Heart of Atlanta Motel v. U.S. and Katzenbach v. U.S.?
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- means chosen by Congress to regulate interstate commerce must be reasonably adapted to an end permitted by Constitution
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What is the test for Commerce Clause regulation set down in U.S. v. Lopez?
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the federal law must fall within 3 categories for regulating commerce:
- instrumentalities - use of channels - activities that substantially affect interstate commerce |
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What is the dormant commerce clause?
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a state may regluate interstate commerce if Congress has not enacted laws regulating subject matter
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What is protectionist legislation?
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state legislation over interstate commerce where the benefits fall inside the state, but most costs/burdens fall outside the state
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What is the holding of City of Phila. v. N.J.?
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State may regulate commerce where other legislative objectives are credibly advanced, and no patent discrimination against interstate commerce
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What is the test for protectionist legislation?
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- protectionist legislation is per se invalid EXCEPT
- State demonstrates under rigorous scrutiny there were no reasonable alternatives |
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What is the market participant exception to protectionist legislation?
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where the state participates in a market, it may impose protectionist burdens in that market, but the burdens may not extend outside that market
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What important doctrine came from Jackson's concurring opinion in Youngstown v. Sawyer?
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the 3 categories for executive action
- express or implied Congressional authorization - "twilight zone" where Congress has neither granted nor denied authorization - incompatible with express or implied Congressional authorization |
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What is the holding in U.S. v. Nixon?
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- there is no absolute presidential immunity
- privilege exists in certain circumstances, but not where justice should be served in criminal case |
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How does the immunity affect civil suits against the President?
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- immune from civil suits, but only applicable to suits while acting in official capacity as President
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What was the holding of Dred Scott v. Sandford?
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- interpreting a federal law as freeing slaves would violate the Constitution
- slaves are not citizens and do not have standing to bring suit in federal court |
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What was the importance of the Slaughterhouse cases, and other decisions of the 1870s?
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the Supreme Court narrowly construes the 14th Amendment and equal protection
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What was the holding of Plessy v. Ferguson?
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separate but equal did not violate the equal protection clause
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What did Harlan state in his dissent to Plessy v. Ferguson?
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- the constitution is "colorblind"
- the government should not create impediments to people getting along |
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What was the holding of Brown v. Board of Education (I)?
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separate educational facilities based on race are inherently unequal
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What was the decision of Brown v. Board of Education (II)?
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district courts and school officials should implement desegregation "with all deliberate speed"
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What was the holding of Swann v. Charlotte-Mecklenburg?
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- bussing is acceptable remedy for desegregation
- "unitary status" marks where desegretation has occurred and court plan no longer requires implementation |
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What is the difference between de facto segregation and de jure segregation?
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de facto segregation: segregation by fact
de jure segregation: segregation by law (automatic violation of Constitution) |
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What was the holding of Milliken v. Bradley (I)?
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federal courts cannot impose interdistrict remedies where interdistrict violation does not exist
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What is the rational basis test where the government makes a classification in legislation?
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- identify a legitimate end
- find a rational connection by the means - the means not required to be perfect |
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What is the strict scrutiny test for racial classifications?
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- compelling government interest
- close relationship of law and achieving the government purpose |
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What significant wording regarding racial classifications first stated in Korematsu v. U.S.?
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classifications based on race are "immediately suspect"
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