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5 Cards in this Set
- Front
- Back
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Ø National League of Cities v. Usery (1976)[Overruled by Garcia]ml> |
o FLSAamendment extends minimum wage and other labor laws to state and localgovernment employeeso Holding (Rehnquist) – Court strikes downamendment. It is within traditional state sovereignty, notfederal government, to determinewages and hours for those they employ (“traditional state governmentfunction” test [overruled in Garcia].me o8lP< |
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Ø *Garcia v. San Antonio Metropolitan TransitAuthority(1985) [Overrules Usery; eliminates “traditional governmental function test”]#lP< |
o SanAntonio Metropolitan Transit authority opposes federal FLSA minimum wage andovertime requirements.o Holding – FLSA minimum wage requirementsupheld. Eliminates traditionalgovernmental function test from Usery b/c unworkable in practice. Leaves things open for Rehnquist to come backwith “anti-commandeering” (New York)ragm |
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Ø NewYork v. UnitedStates(1992) [Rehnquist court adopts Anti-commandeering principle] |
o Federalstatute requires states to “taketitle” to radioactive waste if they fail to comply with federal program.o Holding (O’Connor) – Strikes down “take title”provision. Congress cannot commandeerlegislative process by directlycompelling state legislature to enforce federal program.o |
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Ø Printz v. United States (1997)light+lP< |
o Gun Control Act provisionrequires state and local law enforcement officers to do background checks before issuing permits tobuy firearms.o Holding (Scalia) – Strikes down provision ascommandeering. Federal government cannotcompel state law enforcement officers to enact federal program. |
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Ø *Reno v. Condon (2000)/html(lP< |
o Congressenacts act to prevent state DMVsfrom selling driver’s personal information to third parties o Holding (Rehnquist, unanimous) – Actupheld. Not commandeering because notforcing states to do something, but refrain from doing something.t off$lP< |
