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13 Cards in this Set

  • Front
  • Back
Marbury v. Madison
Biggest power grab in Marbury vs. Madison…Marshall says that Judicial Act of 1789 is unconstitutional
It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution.
Lochner v. NY
landmark United States Supreme Court case that held the "right to free contract" was implicit in the due process clause of the Fourteenth Amendment
Marbury v. Madison
Under Judicial Act of 1789, Marshall sues Madision over commission
Biggest power grab in Marbury vs. Madison…Marshall says that Judicial Act of 1789 is unconstitutional
It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution.
U.S. v. Heart of Atlanta Motel
landmark United States Supreme Court case holding that the U.S. Congress could use its Commerce Clause power to fight discrimination.
United States v. Lopez
the first United States Supreme Court case since the Great Depression to set limits to Congress's power under the Commerce Clause of the United States Constitution.
US vs. Lake
Supreme Court stands by Congress’ power to regulate interstate commerce
Violence Vs. Women
Case overtuning portions of the Violence Against Women Act as going beyond Congress’ powers to regulate interstate commerce.
Plessy v. Ferguson
landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of racial segregation even in public accommodations (particularly railroads), under the doctrine of "separate but equal".
Brown v. Board of Education
was a landmark decision of the United States Supreme Court, which overturned earlier rulings going back to Plessy v. Ferguson in 1896, by declaring that state laws that established separate public schools for black and white students denied black children equal educational opportunities. Handed down on May 17, 1954, the Warren Court's unanimous (9-0) decision stated that "separate educational facilities are inherently unequal." As a result, de jure racial segregation was ruled a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. This victory paved the way for integration and the civil rights movement.
VMI case
Tradition custom doesn’t win under strict scrutiny anymore (Virginia Military Institute, all female nursing school
Central Hudson
balancing test for govt. restrictions on commercial speech.
· Goes no further than necessary to accomplish its objectives
Whitman v. American Trucking Association
admin. law and the delegation doctrine and enabling legislation)
o EPA did not consider economic impact on ATA, because it was only supposed to consider health. Economic consideration would have been improper. (Positivism – read the law!)
o Says Congress can delegate, and it was proper. (positivism – read the constitution)
Erie Railroad
decision by the Supreme Court of the United States in which the Court held that federal courts did not have the power to make up general federal common law when hearing state law claims under diversity jurisdiction. In reaching this holding, the Court overturned almost a century of federal civil procedure law, and established what remains the modern law of diversity jurisdiction for United States federal courts.