Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Walker con law > Cases > Flashcards

Cases Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

The question presented in Gundy v. United States involved the non-delegation doctrine. That doctrine is rooted in the first sentence of____

A

Article I of the Constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Who wrote for the Court in Chevron?

A

Stevens

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

According to Jurge Friedrich of the District Court of the District of Columbia, the CDC Eviction Moratorium was likely ______

A

Statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

In NFIB v. Sebelius, 7 Justices (in 2 opinions) concluded that the ACA’s Medicaid Expansion was unconstitutional. In reaching that conclusion, which of the following did they NOT rely on?

A

United States v. Crittenden.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Jacobsen v. Massachusetts was decided in what year?

A

1905.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Jacobsen reasoning?

A

State police power–public health and safety.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

in re. Certified Michigan year?

A

2020

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Article One of the Constitution covers______

A

Legislation, Non-delegation (Schecter, Youngstown)
Bicameral, Vesting clause
Limited and Enumerated powers (bank in McCulloch)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

in re. Certified Michigan topic?

A

Governor emergency powers unconstitutional, b/c legislature didn’t issue it and non-delegation(public safety is not the same as public health)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Article Three in the Constitution is about which branch?

A

Judicial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Amendment III

A

Quartering of Soldiers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Amendment IV

A

Search and Seizure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Amendment V

A

Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Amendment VI

A

Speedy Trial (US v Olsen), Witnesses, Counsel, Confrontation Clause (O’Connor in Maryland v. Craig; US v Crittenden and masks)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Amendment VII

A

Jury Trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Amendment VIII

A

Excessive Fines, Cruel and Unusual Punishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Amendment IX

A

Non-enumerated Rights Retained by the People

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Amendment X

A

Rights Reserved to States or People

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What was Gundy about?

A

Non-delegation: found it was OK for A.G. to have authority to enact sex offender registration, even pre-Act. No problem with Legislature delegating that to executive branch.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What was Gundy about?

A

Delegation ok. Did not violate Non-delegation: found it was OK for A.G. to have authority to enact sex offender registration, even pre-Act. No problem with Legislature delegating that to executive branch.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Why did Eviction Moratorium fail in Alabama Realtors v. HHS?

A

Exceeded CDC authorization (quarantine and fumigation); wasn’t authorized by Congress. Also right of property owner to exclude.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What was US v Somerville about?

A

Compassionate release for prisoner w/comorbidities, non-violent sentence, at prison with lots of cases, at risk for COVID, had mitigating factors original judge couldn’t take into account b/c mandatory sentencing, had already served a bunch

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

When was US v Somerville?

A

Spring 2020.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Where was US v Somerville?

A

District Court in Pennsylvania.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

When was Ohio v Yellen?

A

2021

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What Constitutional clause did Ohio v Yellen cite as being violated?

A

Spending Clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What did fed gov’t try to forbid in Ohio v Yellen?

A

Using recent COVID relief bill to offer tax relief

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

When was Purcell v Gonzalez?

A

2006

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What was Purcell v Gonzalez about?

A

Courts can’t change election rules right before an election cause it’s too confusing, (specifically AZ voter law about ID)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What year was Tx Dems v Abbot?

A

2020

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What was TX Dem v Abbot about?

A

people under 65 wanted to vote by mail b/c afraid of covid but Court said NO–did not violate 26th amendment (age) and pandemic doesn’t change that

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

When was MD v Craig?

A

1990

30
Q

What Amendment was MD v Craig concerned with?

A

Sixth Amendment, Confrontation clause (kid victims could testify via closed circuit tv)

31
Q

US v Crittenden was what year?

A

2020

32
Q

US v Crittenden concerned which amendment?

A

Sixth, Confrontation Clause (masks)

33
Q

Lukumi Babalu was which year?

A

1993

34
Q

Roberts v Neace was where and when?

A

Kentucky 2020

35
Q

Roberts v Neace held governor was allowed to. . .

A

ban religious public gatherings (Easter, tickets at parking lot)

36
Q

Roman Catholic Diocese v Cuomo was when, after what>

A

Nov 2020, the month after ACB joined bench

37
Q

Roman Catholic Diocese v Cuomo found what?

A

Unconstitutional to close churches when other things were open.

38
Q

Who dissented in Gundy, saying AG having power over half a million citizens was way too broad a delegation for a non elected executive officer?

A

Gorsuch. (Kagan wrote the majority, upholding Gundy—Alito concurred but said didn’t love delegation)

39
Q

Bayley’s Campground v Mills was when?

A

2021

40
Q

What was Bayley’s Campground about?

A

NHerits traveling to Maine had to quarantine for 14 days (upheld)

41
Q

When was Biden v Knight First Amendment?

A

2021

42
Q

Who wrote a Big Deal concurrence about the future of social media in Biden v Knight First Amendment?

A

J. Thomas, who argued that social media should be treated like common carriers

43
Q

What was Biden v Knight First Amendment about?

A

Trump blocking people on twitter–was it a public forum? (dismissed cause he was kicked off Twitter!)
\

44
Q

City of Richmond v Croson was decided in what year?

A

1989

45
Q

What was the holding in City of Richmond v Croson?

A

Without evidence of historical race-based discrimination, couldn’t create set-aside program where city contractors had to use 30% minority owned businesses. Failed strict scrutiny. Otherwise runs afoul of 14th amendment.

45
Q

What was the holding in City of Richmond v Croson?

A

Without evidence of historical race-based discrimination, couldn’t create set-aside program where city contractors had to use 30% minority owned businesses. Failed strict scrutiny. Otherwise runs afoul of 14th amendment.

46
Q

When was Vitolo v Guzman?

A

2021

47
Q

What was Vitolo v Guzman about?

A

Sending minority-owned businesses to the front of the line for covid relief

48
Q

What case is Vitolo v Guzman connected to?

A

Richmond v Croson

49
Q

What amendment was implicated in Jacobsen?

A

14th Amendment, due process

also Spirit of the Constitution

50
Q

Where is this from: “all legislative power herein granted shall be vested in a Congress. . . “?

A

Article I.

51
Q

Why was Mich. Gov’s Emergency Order so problematic?

A

Legislature wouldn’t renew when it ran out, so she issued an identical one, in an improper use of executive power.
also violates Separation of Powers.

52
Q

Who wrote famous concurrence in Schecter?

A

Cordozo

53
Q

Who dissented in Gundy?

A

Gorsuch, Roberts, Thomas (Alito concurred but only cause of stare decisis)

54
Q

In what case did J. Kagan say, “if this is unconstitutional, then everything is unconstitutional.”

A

gundy

55
Q

What’s Chevron’s deal?

A

It’s about the EPA having authority to interpret ambiguous part of the Clean Air Act–Congressional intent unclear.

56
Q

Why did Scalia love Chevron?

A

As a backlash to the Warren court–wanted liberal judges’ hands tied so they couldn’t legislate from the bench.

57
Q

Under what amendment was the eviction moratorium impermissible?

A

10th. federalism canon. (Also relevant: major questions doctrine.)

58
Q

What kind of continuance was requested in US v Olsen?

A

End of justice–i.e. extend trial (Gov’t requested end of justice continuance, because Olsen demanded a trial immediately, after MONTHS of continuances, because jury trials were shut down for COVID)

59
Q

Who were the weird bedfellow amici in Lukumi?

A

Americans United for Separation of Church and State, and Michael McConnell, academic who loves religious freedom

60
Q

What two Constitutional doctrines are in tension in religious cases?

A

Establishment clause and free exercise

61
Q

Why does judge apply strict scrutiny in Bailey’s Campground?

A

Because right to travel is fundamental right. Privileges and Immunities, unenumerated rights

62
Q

What level scrutiny did Vitolo v Guzman require?

A

Strict! (Cause race.)

63
Q

What did Gorsuch say about Jacobsen in Roman Catholic Dioceses of Brooklyn v Cuomo?

A

Jacobsen was not intended to have such a broad impact on religious freedom.

64
Q

What Amendment in the Bill of Rights was at play in Richmond v Croson?

A

V, due process

64
Q

What Amendment in Bill of Rights was at play in Richmond v Croson?

A

V, due process

65
Q

What article of the Constitution deals with elections?

A

Article 4

66
Q

The _________ Rule governs all voting cases raised because of COVID

A

Purcell

67
Q

According to TX Dem v Abbott, whose responsibility are voting mechanics?

A

Legislature! Not courts.

68
Q

Why does Scalia loooove the VI Amendment?

A

Because it’s harder to lie face to face

69
Q

Ohio v Yellen centers on two things

A

1- Spending Clause legislation must be very clear, and the Tax Mandate here is ambiguous.
2- flirts with but ultimately refrains from deciding that Congress can’t delegate authority to clarify ambiguous legislation to an agency (here, Treasury Dept)

70
Q

The Tax Mandate violated the Spending Clause in two ways, and also violated an amendment:

A

1- coercive
2- ambiguous
10th amendment commandeering taxing authority

71
Q

Which is about nondelegation authority, art. 1 or Amendment X?

A

Article 1. (Amendment 10 is about the fed making the state enact fed legislation etc)

72
Q

According to the court in Ohio v Yellen, what are three limitations on Congressional conditional grants to states, vis-à-vis the Spending Clause?

A

1-conditions must be related
2- can’t coerce
3- can’t be ambiguous

73
Q

Lukumi said laws must be

A

Neutral and generally applicable.

74
Q

Croson and Vitolo explain that race-specific policies cannot stand even if there is historical persecution in the same industry unless the government _________

A

Was the party discriminating. (Can’t be private historical discrimination)
Additionally, it must have been intentional discrimination)

Walker con law (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions