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18 Cards in this Set

  • Front
  • Back
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
Schlecter Poultry v. US (1935)
Court still rejecting New Deal legislation

COMMERCE: Schlecter bought from in-state buyers, and sold only in-state (limits on congressional power)
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
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
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
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
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
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.
Civil Rights Act 1964
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
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
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
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
Roe v. Wade (1973)
Const right to privacy under due process of 14th

--abortion added to substantive due process
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
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
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.
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
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