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18 Cards in this Set
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Nebbia v. New York (1934)
NY regulation of Milk prices |
P argued that statute against equal protection, due process of 14th
GENERAL WELFARE: states allowed to interfere with property rights and contract in order to protect general welfare NY not unreasonable |
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Schlecter Poultry v. US (1935)
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Court still rejecting New Deal legislation
COMMERCE: Schlecter bought from in-state buyers, and sold only in-state (limits on congressional power) |
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Wickard v. Filburn (1938)
Wheat case - farmer created in excess of regulation to feed cattle |
Court upheld Agriculture Adjustment Act
COMMERCE: if farmer grows own wheat, doesn't purchase wheat to feed cattle on interstate market, messes with market prices Regulation of market prices of wheat falls within congressional commerce clause power **Court trend of allowing anything to fall within commerce powers |
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Home Building & Loan v. Blaisdale (1934)
mortgage moratorium in response to farm closures |
CONTRACTS CLAUSE: during emergencies, states can interfere with private contracts
necessary to find ground between individual rights and public welfare |
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West Coast Hotel v. Parrish (1937)
Minimum wage for women |
CONTRACT: constitution permitted restriction of freedom of contract to protect safety and welfare of vulnerable groups
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Youngstown Sheet & Tube v. Sawyer (1952)
President seized steel company after strike during Korean War |
HELD: unconst to seize mills
President does not have power to seize private property |
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Williamson v. Lee Optical (1955)
Law that only optometrists can fit lenses, threatened business of opticians. |
The day is gone when this court uses the Due Process Clause of the Fourteenth Amendment to strike down state laws, regulatory of business and industrial conditions, because they may be unwise, improvident, or out of harmony with a particular school of thought
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Heart of Atlanta Motel v. US (1964)
75% of guests came from out of state, consistently refused to serve blacks |
Court held constitutionality of Congress regulating interstate and intrastate, public and private business that affect Commerce.
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Civil Rights Act 1964
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Outlawed segregation in public schools and places
Used commerce clause, instead of Equal Protection, in order to sustain federal limitations set out in Civil Rights Cases |
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Katzenbach v. McClung (1964)
Ollie's BBQ; purchases meat from out of state, refuses to serve blacks (would hurt business) |
COMMERCE CLAUSE: discrimination by a restaurant that gets a percentage of meat from out of state can be regulated by Congress
Like Wickard v.Filburn (wheat) b/c congress can regulate anything that may have a substantial affect on interstate commerce |
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Griswold v. Connecticut (1965)
Prohibited use of contraceptives |
SC held a constitutional right to marital privacy, found in penumbras of const.
--9th amendment --Due process of 14th |
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Katzenbach v. Morgan (1966)
Voting Rights Act made literacy tests unconst.; Puerto Ricans |
SC held that it was constitutional for Congress to interpret the constitution (14th) and enact legislation according to their interpretation
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Roe v. Wade (1973)
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Const right to privacy under due process of 14th
--abortion added to substantive due process |
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US v. Lopez (1995)
Kid carried a gun on school campus |
First case since great depression to limit Commerce Clause
Congress argued that carrying a gun on campus encouraged violence which could affect commerce HELD: Commerce power is not unlimited; no evidence of mass affect gun would have on economy |
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Hamdi v. Rumsfeld (2004)
Suspended Habeas and detained a US Citizen indefinitely |
Congress has power to detain 'unlawful combatants', but US citizens have right to challenge detainment in front of impartial judge
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US Term Limits v. Thornton (1995)
State attempted to enact a ballot restriction to senators already in office for 3 years |
State cannot add any more qualifications than are already said in the const.
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Printz v. US (1997)
Law required state law enforcement officers to do background checks on gun sales, as per federal law |
HELD: Congress cannot commandeer the states
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City of Boerne v. Flores (1997)
Bishop wanted a license to expand the Church. |
City denied license, Bishop appealed to RFRA (religious freedom act)
HELD: It is the court, not Congress through RFRA, that could determine substantive due process issues |