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62 Cards in this Set
- Front
- Back
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Which landmark case, tried in 1803 by Justice Marshall acted as the Supreme Court's justification of its power of judicial review?
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Marbury v. Madison
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What was the Court's conclusion in Marbury v. Madison?
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The Supreme Court is governed by the Constitution and has the power to review lower courts and acts of congress only within the limits established by the Constitution.
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What branch of the government do Articles I-III address?
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I - legislative
II - executive III - legislative |
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What are two constitutional limits on judicial power outside of Article III?
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Bill of Rights
Separation of Powers; Checks and Balances |
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Where in the Constitution is the Commerce Clause located?
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Article I; Section 8
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What is the significance of the following phrase: To regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes
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Commerce Clause; Article I Section 8 of the Constitution; limit to federal power
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What are the two views of judicial power to review?
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1) It's a by-product of judicial authority to look at governing law, and the Constitution is governing law
2) Constitution endows the judiciary with the power to police the other branches to guard constitutional principles |
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What are the three elements required to show standing?
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1) Injury in fact
2) Redressability 3) Causation |
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What are the 4 criteria for determining whether a case presents a political question? (Baker v. Carr)
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1) Textually demonstrable commitment of the issue to Congress or executive branch.
2) Lack of judicially discoverable and manageable standards 3) NEed for a single pronouncement from the branches; and 4) Difficulty or impossibility of devising effective judicial remedies. |
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Give three examples of political questions.
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1) Regulating military
2) Impeaching the President 3) Constitutional Amendments 4) Disputes over war powers 5) Foreign relations 6) Republican form of government issues (Under Guaranty Clause - fed gove guaranteed states a republican form of gov) |
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What are the three principal types of Congressional powers?
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1) Express under Article I, Section 8
2) Implied under the "Necessary and Proper" clause 3) Inherent in the concept of national government. |
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What is the court's interpretation of the Necessary and Proper clause in McCulloch v. Maryland?
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THe clause allows COngress to take any legalislative action that is rationally related to the carrying out of an objective that falls within an enumerated power.
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What did the Arkansas ammendment in U.S. Term Limits, Inc v. Thornton (1995) attempt to do?
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prohibit otherwise eligible candidates for Congress on ballot if they already served three times in Congress or two terms in Senate.
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In U.S. Term Limits (1995) Justice Stevens argues that states could not have had the right to set qualifications for Congressmen/Senators because that right was not reserved under which Constitutional Provision/Amendment?
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10th Amendment.
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In U.S. Term Limits, what was Justice Stevens historical argument in support of the holding that states do not have the right to set Congressional/Senatorial representative qualifications?
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The Framers envisaged a uniform system of State representation in the National legislature.
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In U.S. Term Limits, Justice Stevens argued that all representatives in Congress owed their primary allegiance to who?
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The people of the Nation, rather than the people of the states who elected them.
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In U.S. Term Limits, Justice Stevens argued that states could not exercise the election of state representatives in any way other than that provided in the Constitution because...
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The election of state representatives was a new right under the Constitution and there is no other way to exercise that right.
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In U.S. Term Limits, Justice Stevens argued that the Federal Government (including Congress) was directly responsible to whom?
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The people of the Nation - and not hte people of the individual states.
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Thomas's Dissent in U.S. Term Limits contains the notion that when the Constitution is silent to a particular power, it belongs to...
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The states because nothing in the Constitution expressly denies them that power.
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The Commerce Clause, Article I, Section 8, cl.3 vests power in the federal government to regulate what three things?
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1) Regulate commerce among the states
2) Regulate foreign commerce 3) Regulate commerce with indian tribes |
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In Gibbons v. Ogden (1824) Marshall argued that the definition of "commerce" in the commerce clause consists of what?
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Buying and selling goods as well as navigation in distributing them.
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In Gibbons v. Ogden (1824) Marshall argued that "among the several states" in the commerce clause is defined as what?
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Commerce intermingled between states; interestate transactions
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In Gibbons v. Ogden, Marshall argues that Congress does not have the power under the Commerce Clause to control what kind of transactions?
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Purely intrastate; Because otherwise enumeratoin of various kinds of commerce (foreign, among indian tribes, etc.) would be redundant, and in Marbury Marshall stated that no language in the Constitution may be viewed as "mere surplusage"
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In Gibbons v. Ogden (1824), why does Marshall argue Congress does not have commerce power of purely intrastate activities?
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Because it is not necessary to interfere with intrastate commerce to execute the general commerce power; and in McCulloch only the means plainly adopted to execute the end are necessary.
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In Gibbons v. Ogden (1824) what were the facts that led to the Commerce Clause dispute?
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One ferry obtained exclusive irghts under federal statute to operate ferry between points in NY and NJ; anothe rferry obtained a similar right under a state statute. Question of which statute prevails: federal/state?
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Under Gibbons v. Ogden (1824), the Supremacy Clause in Article VI states that Federal law trumps state law in which circumstances?
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They are constitutional
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United States v. E.C. Knight Co. (1895) involved the question of whether Congress had the commerce power to regulate what process?
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Manufacturing of producs intended for interstate sale. (Here, refining sugar)
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In United States v. E.C. Knight Co (1895), why did Justice Fuller argue that refining sugar (manufacture) is not within Congress's commerce power to regulate?
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Manufacture comes logically and chronologically before commerce begins, therefore it can not be considered a part of commerce.
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What is Fuller's slippery slope argument against Congress's commerce power to regulate sugar refining process in United States v. E.C. Knight Co (1895)
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If the federal government controlled all productive industries, state powers over commerce would be significantly limited and federal gov would gain control over all aspects of commerce.
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What case held that the federal government does not have control over manufacture as part of its Commerce Power?
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United States v. E.C. Knight Co. (1895)
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What are the relevant facts of the Shreveport case (1914) that introduces the substantial economic effects test to determine whether Congress has Commerce Power over certain area?
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There were discriminatory rail rates between points wihtin Texas, and those between Texas and Shreveport, LA. The rates favored intrastate traffic over interstate traffice, which had a negative impact on interstate commerce.
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In the Shreveport Case (1914), Justice Hughes argues that Congress has the power to regulate intrastate commerce when:
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Intrastate and interstate transactions are so related (close and substantial connection) that they impact each other.
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Under the substantial economic effects test used by Hughes in the Shreveport case, Congress has the power to regulate intrastate commerce when:
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Control of intrastate commerce involves control of interstate commerce.
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In Swift & Co. v. US (1905), Justice Holmes stated that federal government does have the commerce power to control stream of commerce among states when:
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There is a recurring course of sale; Typical, constantly recurring course where the current is one of commerce among states.
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In Champion v. Ames (the Lottery Case) (1903), how did Justice Harlan rationalize Congressional control over interstate movement of lottery tickets?
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It is the primary duty of the federal government to suppress injurious nuisances, including those which are morally injurious (such as the lottery).
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Cooperative federalism was introduced in which case to argue that states have appropriate remedy against federal comandeering of state rights through negotiations with fed gov in legislative process?
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Champion v. Ames (The Lottery Case) (1903)
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In Champion v. Ames (The Lottery Case) (1903) Justice Harlan introduces the argument that just because a power may be abused by the federal government...
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is not argument against the power's existence, because it must still be exercised within Constitutional limits.
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How did Justice McKenna utilize the "means to an end" argument of McCulloch v. Maryland in Hipolite Egg v. US (1911)?
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Articles of outlaw may be seized wherever they are found (even in no longer in transit), because the seizure of defective/harmful goods is a means to the end of preventing harm through the trade/use of harmful goods.
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What is professor Dore's ban-validity test as discussed in Hipolite Egg v. US (Commerce clause)?
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Congress's technique of self-valdiating bans is tempered because all bans are subject to judicial scrutiny including -
1) determination of whether Congress had authority to ban that article (article of commerce?) 2) Whether reason for the ban is valid (health/morality?) |
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In Hoke v. US (1913) McKenna argued that banning of transportation of women across state borders for immoral purposes was...
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Valid because Congress's reason for banning was to preven moral corruption, and activity of transportation of women for immoral purposes was commercial in nature.
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Under Hammer v. Dagenhart (The Child Labor Case) (1918), Justice Day rationalizes that the Congressional Act prohibiting transportation of goods created by child labor across state lines is not valid because...
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The goods themselves were harmless and the interstate transportation of these goods was not necessary to accomplish the evil of child-labor that the act attempted to prohibit.
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What argument against the validity of an act prohibiting interstate transportation of child-labor produced goods (Hammer v. Dagenhart) was introduced in US v. E.C. Knight Co. (Sugar Case)?
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Production/manufacture comes logically and chronologically before commercial process, therefore it is not within Congress's power to regulate under the Commerce Clause.
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In United States v. E.C. Knight Co (1895), why did Justice Fuller argue that refining sugar (manufacture) is not within Congress's commerce power to regulate?
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Manufacture comes logically and chronologically before commerce begins, therefore it can not be considered a part of commerce.
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What is Fuller's slippery slope argument against Congress's commerce power to regulate sugar refining process in United States v. E.C. Knight Co (1895)
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If the federal government controlled all productive industries, state powers over commerce would be significantly limited and federal gov would gain control over all aspects of commerce.
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What case held that the federal government does not have control over manufacture as part of its Commerce Power?
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United States v. E.C. Knight Co. (1895)
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What are the relevant facts of the Shreveport case (1914) that introduces the substantial economic effects test to determine whether Congress has Commerce Power over certain area?
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There were discriminatory rail rates between points wihtin Texas, and those between Texas and Shreveport, LA. The rates favored intrastate traffic over interstate traffice, which had a negative impact on interstate commerce.
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In the Shreveport Case (1914), Justice Hughes argues that Congress has the power to regulate intrastate commerce when:
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Intrastate and interstate transactions are so related (close and substantial connection) that they impact each other.
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Under the substantial economic effects test used by Hughes in the Shreveport case, Congress has the power to regulate intrastate commerce when:
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Control of intrastate commerce involves control of interstate commerce.
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In Swift & Co. v. US (1905), Justice Holmes stated that federal government does have the commerce power to control stream of commerce among states when:
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There is a recurring course of sale; Typical, constantly recurring course where the current is one of commerce among states.
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In Champion v. Ames (the Lottery Case) (1903), how did Justice Harlan rationalize Congressional control over interstate movement of lottery tickets?
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It is the primary duty of the federal government to suppress injurious nuisances, including those which are morally injurious (such as the lottery).
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Cooperative federalism was introduced in which case to argue that states have appropriate remedy against federal comandeering of state rights through negotiations with fed gov in legislative process?
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Champion v. Ames (The Lottery Case) (1903)
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In Champion v. Ames (The Lottery Case) (1903) Justice Harlan introduces the argument that just because a power may be abused by the federal government...
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is not argument against the power's existence, because it must still be exercised within Constitutional limits.
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How did Justice McKenna utilize the "means to an end" argument of McCulloch v. Maryland in Hipolite Egg v. US (1911)?
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Articles of outlaw may be seized wherever they are found (even in no longer in transit), because the seizure of defective/harmful goods is a means to the end of preventing harm through the trade/use of harmful goods.
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What is professor Dore's ban-validity test as discussed in Hipolite Egg v. US (Commerce clause)?
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Congress's technique of self-valdiating bans is tempered because all bans are subject to judicial scrutiny including -
1) determination of whether Congress had authority to ban that article (article of commerce?) 2) Whether reason for the ban is valid (health/morality?) |
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In Hoke v. US (1913) McKenna argued that banning of transportation of women across state borders for immoral purposes was...
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Valid because Congress's reason for banning was to preven moral corruption, and activity of transportation of women for immoral purposes was commercial in nature.
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Under Hammer v. Dagenhart (The Child Labor Case) (1918), Justice Day rationalizes that the Congressional Act prohibiting transportation of goods created by child labor across state lines is not valid because...
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The goods themselves were harmless and the interstate transportation of these goods was not necessary to accomplish the evil of child-labor that the act attempted to prohibit.
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What argument against the validity of an act prohibiting interstate transportation of child-labor produced goods (Hammer v. Dagenhart) was introduced in US v. E.C. Knight Co. (Sugar Case)?
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Production/manufacture comes logically and chronologically before commercial process, therefore it is not within Congress's power to regulate under the Commerce Clause.
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Under Schecter Poultry Corp v. US (sick chicken case) (1935) the Court held a Congressional act to regulate wages/hours of slaughterhouse workers invalid under which three arguments?
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1) Slaughterhouse only sold poultry to local retailers; purely intrastate
2) Slippery slope arg 3) Stream of commerce does not apply because purely local |
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In Carter v. Carter Coal Co (1936), the Court held a New Deal Act regulating hours/wages in coal mines was not constitutional for which reason introduced in E.C. Knight?
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Labor provisions of the act primarily fall upon production and not commerce (logical/chronological argument)
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Carter v. Carter Coal Co. (1936) includes the direct/indirect test to determine whether activity is properly regulated by Congress under Commerce Clause. What kind of activity has a direct enough effect on commerce to be properly regulated?
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Activity/condition operates proximately to produce potentially negative effect on commerce (not mediately, remotely, or collaterally)
*Distinction turns purely upon the manner in which the effect has been brought about, not the magnitude of the effect. |
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NLRB v. Jones & Laughlin Steel Corp (1937); union-busting act. In holding this act is a valid Congressional exercise of it's commerce power, it utilized reasoning from which case that held that anything that closely and intimately effects commerce is w/in Congress's reach?
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Shreveport case - Congress has power to control an activity when it is so closely related to interstate commerce that their control is essential or appropriate to protect interstate commerce from burdens/obstructions.
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What is the National Enterprise theory utilized in NLRB v. Jones & Laughlin Steel Corp (1937) to rationalize Congressional control over union-busting as within its' commerce power?
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Industries organized on national scale, making relation to interstate commerce the dominant factor in their activities are reasonably under the federal goernment's control via Commerce Clause.
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