cases/rule statements Flashcards
1
Q
stuart v laird – the case where congress tried to change some law that abolishes the circut judgeship
In 1802, Congress repealed the Judiciary Act of 1801, eliminating the circuit courts and circuit judges that the 1801 act had established. Soon after the repeal, Congress passed the Judiciary Act of 1802, which authorized Supreme Court justices to sit on circuit courts. The plaintiff filed a petition to overturn a judgment by a circuit court, arguing that the repeal of the 1801 act was unconstitutional.
Does congress have the power to make judges ride circuit?
A
congress has the constituonal autority to estsablish from time to time such inferior tribunals as they may think proper– there are no words in the constuion to prohibit or restrain the xcerise of legislative power
2
Q
what does stuart v laird tell us about understanding the constiiton – (ie the case where congress established the judicary act of 1801)
A
Past practice is a way of understanding the constitution
Congress has the congressional power to establish from time to time inferior tribunals as they see fit
Also, they’ve done it for so long, so why change it?
3
Q
Marubury v madison: marbury tries to make madison deliver his commission; signed sealed but not delivered
what power does the supreme court/judicary have/ what is the nature of the judicuary
A
The Supreme Court of the United States has the authority to review laws and legislative acts to determine whether they comply with the United States Constitution.
aka the power of judicial review
It’s the nature of the judiciary to say what the law is/when the laws come into conflict with the constitution
Idea of a hierarchy with constitution being the supreme law of the land
4
Q
cohens v virginia : does the supreme court have power to tell state courts what to do? how does this play into the role of the consittion?
VA had prosecuted persons who sold lottery tickets in the state in volation of state law, and the people prosecuted claimed that the sales were permitted via federal statute
A
yes!
while holding the federal act didn’t protect the prosecued, marshall asserted federal authority to review state acts and criminal proceedings
the nature of the constitutions control of state acts was that the constition was an og act of the people, which was apart from and supeiror to any concept of state sovereignty
5
Q
martin v hunters lease: does the supreme court have the power to tell state courts what to do? what article of the constition answers this question
A
yes! the grant of jurisdction to the supreme court in article three over ALL CASES within the judicial power of the united states was intened to incldue decesions.
the sc had the juridcition and authoity to review ALL state acts under the constitution
6
Q
fletcher v peck: Does the legislature of Georgia have the power to pass a law that would render Plaintiffs purchase of an estate constitutionally and legally impaired and render it null and void? – what did this decsion also hold
facts: GA statute tried to annul earlier convyances of land to innocent privte persons, whose rights in the land had already vested
A
no!
here, the supreme court invalidated a STATE LAW under the us constiuion
the court held that the annulment was an impairment of the obligation of k within the meaning of aricle one, and ruled that the statute was unconstitutional.
7
Q
what was the natural law principle argument made by the flecter maj? (aka the case with the GA statute that wanted to annull land ks to private citzens)
what about the dissent?
A
The case talks about whether the nature of society and of government does not prescribe some limits to the legislative power – a natural law principle
It was beyond legislative power to take away vested right
The concurrence suggests that even God, in effect, has a duty to obey what may be termed general principles of reason
Dissent’s reasoning: so if God has the duty to obey, then so do I
8
Q
calder v bull – does a government/legislature have the power to deprive a citizen of a vested property and can that be decided via natual law theories?
what does the maj/dissent have to say
A Connecticut probate court disapproved a will that designated the respondents as beneficiaries, which allowed the petitioners to inherit the as the decedent’s heirs
Then, the Connecticut legislature passed a law setting aside the finding and granted a new hearing, at which the initial will was approved
A
maj says no
maj – the proper role of the supreme court was to invalidate legilastion if it interfered with rights that the NATURAL LAW had vested in the people
dissent – doesnt think natural law should be a factor; that the people had limited the acts of congress and the states with SPECIFIC CONSTITUIONAL CHECKS
9
Q
what view have courts taken on invalding legilsative acts as between using natural law and not using natural law princples (via calder)
A
the court has adopted the view that it may only invalidate acts of the legislature and executive on the basis of SPECFIC PROVISIONS from the constituion
10
Q
McCulloch part one: does congress have the power to create a bank?
A
yes! when asserting a power, congress MUST POINT TO A SOURCE OF ENUMRATED POWER – in this case it was the necessary and proper clause
This opinion does a lot of inferring, via making the logical inference that if congress has the explicit power to do something, they should have implicit powers to carry it out (within reason of course)
11
Q
McCulloch part two: does the state of maryland have the power to tax the bank of the united states?
A
no
No democratic accountability to the US population by Maryland
The power of taxation that states have does not extend to those means which are employed by congress to carry into execution powers conferred on that body by the people of the united states
The people of one state would not trust those of another state to control their taxes, wo why should we assume that the people of one state would be willing to trust those of another with a power to control the us bank
12
Q
what test was develpted from mcculloch via the exsistence of federal power
A
federal laws are valid so long as they bear a reasonble relationship to an enumerated power of the government
let the end be legitimate
13
Q
what are the 7 methods of constituonal argumentation/interpretation
A
textual
structural
prudential
appeals to purpose or intention
past practice and inter-branch convention
judicial precednet
national ethos and politcal tradition
14
Q
describe the textual argumentation/interpretation of the constitution
A
Can use text to make arguments via pulling phrases or words
Includes more than just arguments about the meaning of particular words and phrases
It can also be in relation to the specific location of the text within a bigger body of a work
15
Q
describe the structural argumentation/interpretation of the constitution
A
the theory and structure of the government established by the Constitution
Asks how a constitution is supposed to operate
Ex: how does Marshall believe the constitution is supposed to work? How did Maryland think it should work?
16
Q
describe the Prudential argumentation/interpretation of the constitution and the two types of prudential arguments
A
what are the likely consequences of a decision?
Where the text is unclear, constitutional interpreters often pay attention to the likely consequences of different interpretations.
Two types of prudential arguments
Broder= whether a given interpretation (and the doctrine, rule, or result it produces) would have good consequences or bad
Narrow= whether allowing this particular decisionmaker to decide the question in a particular way would have good or bad consequences
17
Q
describe the appeals to purpose/intentions argumentation/interpretation of the constitution
A
Arguments from purpose can appeal to the particular intentions or understandings of specific individuals or groups of individuals
We reason from the language used and the issues that the language addresses to figure out the likely purposes of a provision
18
Q
describe the past practice and inter-branch convention argumentation/interpretation of the constitution
A
If people have already spent some time thinking about the problems, we should defer to their considered judgments
One might argue that past practices establish a convention that should govern later actors.
19
Q
describe the judicial precedent argumentation/interpretation of the constitution
why follow precedent?
A
Both lawyers and judges rely on judicial precedent
Courts might look not only to their own decisions, but to the decisions of state courts, and perhaps more controversially, to the decisions of courts in other countries
Why follow precedent?
Past judges have thought hard about a problem, and later courts should default to that judgment
Fidelity to the rule of law
Following precedent lends order and stability to legal arguments
20
Q
describe the National ethos and political tradition of the constitution
A
It asks whether a proposed interpretation is faithful to the meaning or density of the country, its deepest commitments, or some important aspect of national character
These may also be called arguments from the American political tradition
Arguments about national ethos and political tradition are often narrative or historical in character, and are often continuous with the other forms of constitutional argument
21
Q
why did we read the Andrew jackson veto message
A
to show the constitnual interpreations outside of the court as between the legilsature and the execuitve brahces, introduced us to the exectives roles in all of this
o Veto Power should only be used for very important decisions (however t
22
Q
united states v Cox (the prosecution power) Does the court have the power to compel the AG to prosecute someone?
A
No; the executive has prosecution (or non prosecution) power – this power is discretionary!
23
Q
united states v nixon : (Executive privilege v judicial need)
can the court compel Nixon to hand over the tapes? /may the president of the US assert an absolute claim of privilege over all confidential communications?
ie what power does the court have in prosecuitons?
A grand jury of the US returned an indictment charging seven named people with conspiracy to defraud the US
Upon motion of the special prosecutor, there was a subpoena issued to the president to require him to product certain items
The presidents counsel tried to file a special appearance to quash the subpoena
A
absent a special need (ie national security) a presidential claim of privilege asserting only a generalized interest in confidentially is not sufficient to overcome the judicial interest in producing all relevant evidence in a criminal case
Court is allowed to get evidence that will point to the truth – ie the truth finding function of the court
24
Q
in terms of lack of an absolute and unqulaifed presidential immunity, what kind of trial are we talking about
A
criminal
25
what is the mucculloch test
aka the means end test: congress may use any means not prohibited by the constution to carry out their express authority
26
trump v vance: does article two and the supremacy clause preclude/require a heightend standard for the issuance of a STATE criminal subpeona to a sitting presidet
no! the grand jury in a state criminal prosecution may subpoena a sitting president's records without a heighted showing of need.
| absolute immunity is not necessary or approptriate
26
how are the vance case and the cox case different
vance=state criminal proceeding, cox was a federal criminal proceeding
27
how are the vance and cox the same and how is mazars different?
vance and cox: about the courts need of info from the pres
mazars: about congress's need of info from the prez
28
trump v mazars: does congress have the power to subpoena the presidents personal financial information?
Yes, as long as it is related to and in furtherance of a legitimate task of the congress
29
what is the mazars test in terms of congress being able to subpeona a presidents fincial records?
1. courts should assess whether the asserted legislative purpose warrants the significant step of involving the president and his papers
2. courts should insist on a subpoena no broader than reasonably necessary to support congress’s legislative objective
3. courts should be attentive to the nature of the evidence offered by congress to establish that a subpoena advances a valid legislative purpose
4. courts should be careful to assess the burdens imposed on the president by a subpoena
30
morrison v olson (the appointment power): can congress vest the judiciary with the power to appoint a special prosecutor? and does it violate the princple of seperation of powers
Congress passed a law allowing a special court to appoint an independent counsel to investigate high-ranking government officials. The Attorney General could only remove the counsel for a good reason. Alexia Morrison was appointed to investigate possible wrongdoing by Department of Justice officials. When she asked for certain documents, Ted Olson said the law was unconstitutional. The lower court said the law was fine, but the appeals court disagreed. Morrison then appealed to the Supreme Court.
yes congress can! they were creating an instution to solve the problem of policing the executive branch
Congress is not violating separation of powers because it's still up to executive who to prosecute,their power is just limited
the act didnt completly strip the prez of the power to remove the independent counsel; there could be removal of the independent counsel by the prez if there was cause
Principal Must be appointed by the President
Inferior OfficerMay be appointed by a counsel
31
what did the dissent say in morrsion v olson in terms of the prez's removal power
the idea of a unittary exective; that the president has ALL of the exectuive power, not just some nor is any of it limited
32
free enterprise fund vs pcaob: can congress insulate an inferior officice from removal by a princapal officer who is also insulated
In 2002, a law called the Sarbanes-Oxley Act was made. This law created a new group to regulate the accounting industry. This group, called the Board, was made up of five members who were watched over by the Securities and Exchange Commission (SEC). The SEC could only remove Board members for a good reason, and the President could only remove SEC Commissioners for a good reason. An accounting firm and a non-profit organization sued, saying the Board was not constitutional because it was too protected from removal. The lower courts did not agree with them.
No! because the board memebers had TWO LEVELS OF PROTECTION from presidental removal, the restirction on the power of the presidnet to dismiss the board members diminished the executive power granted to teh pres by article two
33
why was the provsion limiting the exectuitve power to remove the independent consel in morrison v olsen constitioonal
because the removal restrictions didnt impede the presindents ablity to peform his comstitional duty
some officials are so purley executive that the prez MUST be able to remove them at will; BUT THE INDEPEDNDNET COUNSEL IS NOT THE CASE HERE -
34
what did humphrey's executor hold about presidental removal power
President Roosevelt fired William Humphrey from the Federal Trade Commission (FTC). After Humphrey died, his estate sued the United States for his lost pay. They said Roosevelt broke the law because the FTC Act says a commissioner can only be fired for not doing their job well or doing something wrong. The government said the estate couldn't get the lost pay because the part of the FTC Act about firing was against the Constitution. The Court of Claims didn't agree with the estate about the lost pay and asked the Supreme Court to decide if the part of the FTC Act about firing was against the Constitution.
the presidnet cant remove a memeber of an INDEPENDENT regulatory agency
the constitution does not grant the president unlimted removal power as to quasi legislative or quasi judicial officers, even where such hold office through presidnetal appointment
35
selia law v cfpb: can congress vest agency power in a single director only removavle by cause by the prez AND NOT AT WILL? -- and what textual argument does the court make
Congress placed the CFPB under the leadership of a single director, appointed by the president with the advice and consent of the senate
The director serves a term for 5 years, during which the prez could only remove for inefficiency, neglect of duty, or malfeasance in office
Selia law argued the agency structure violated the separation of powers
no! It is a violation of the separation-of-powers doctrine for an administrative agency to be headed by a single director not removable by the president at will.
single director as historical outlier
worries about making the director accountable to no one
article two provides that the executive power shall be vested in a persend who must take care that the laws be faithfully executed
The CFPB’s structure CONTRAVENES this carefully calibrated system by vesting significant governmental power in the hands of a single individual ACCOUNTABLE TO NO ONE
36
national labor relations board v noel canning: can the president make a recess appointment during a pro forma break in congress?
The U.S. president nominated three people to the National Labor Relations Board (NLRB) during a Senate break. The Senate didn't confirm these nominations before their break. The president used the Recess Appointments Clause to appoint these individuals without the Senate's approval. A company, Noel Canning, challenged the NLRB's authority to issue an order because they believed the new members were not validly appointed.
Under the recess appointments clause, the president of the united states may fill a vacancy during a senate recess only if the recess is at least ten days long or very unusual circumstances exist
37
INS v Chada: can congress give itself a one house veto against executive decision? (ie the legislative veto)
hint: what is bicameralism and what is presentmetn
no! the court held that the legislative veto(which was really an act of legislation) violated bicameralism and presentment
Majority says its a misuse of leg power by usurping what should've been exectvie power
bicameralism --is a type of legislature that is divided into two separate assemblies, chambers, or houses, known as a bicameral legislature.
presentment-
After a bill passes both Houses, it must be presented to the President for his approval
38
what did the chada dissent say
It functions like bicameralism, chada gets to stay only if all three bodies agree, the order win whch things happen is just different
39
clinton v new york: can congress enact the line item veto, thus allowing the president to enact, amend, or repeal statues?
The Line Item Veto Act let the President cancel parts of laws. President Clinton used this Act to cancel a part of the Balanced Budget Act of 1997. This part would have let New York not pay back some money it got from the Social Security Act. Some people who would have gotten benefits from this part of the Social Security Act didn't like this and said it was not fair. The lower court agreed with them and said the Act was not allowed by the Constitution. The case then went to the Supreme Court
no, Court says you cant do it because the prez is participating in law making
violates presentment clause
40
what does the presenment clause say
the President must sign or veto an entire bill
41
youngstown sheet and tube v sawyer: does the president have the power to authorize the secretary of commerce to seize the steel industry?
In 1951, steel mill owners and workers couldn't agree on work conditions. The workers planned to strike, which would stop steel production. President Truman thought this would harm national security, so he ordered the Secretary of Commerce to take over the steel mills. The steel mill owners sued, saying the President was making laws, which is Congress's job.
no! just because the prez has the duty to care care that the law be faithfully execduted doesnt mea they have the power to make law -- that power is reserved to congress
this particufits under the third part of the jackson twilight analysis
42
what do we pull from jacksons concurrence in youngstown ? is it outcome determintaive?
hint -- three part twighlight zone
his three part analysis of presidental power! still good law -- not outcome determintive but a good place to start
1. When the president acts pursuant to an express or implied authorization of congress, his authority is at its MAXIMUM
2. When the president acts in ABSENCE of either a congressional grant or denial of authority, he can only rely upon his own independent powers via article two -- AKA THE TWILIGHT ZONE
3. when the president takes measures INCOMPATIBLE with the express or implied will of congress, Your power as prez is at its lowest
43
what is the formalist approach to analysling presidential power (the youngstown maj)
The check the box method
Are there sources of power the prez can point to justify his actions?
44
what is the functionalist approach to analysing presidential power (jackson concurrence in Youngstown)
which prong will the prez most likely always argue
Three prong approach
Analytic framework used to decide if a prez can do a thing
The prez will always argue hes in the first prong
45
what was the war powers resolution/the purpose
it restricts the executives authority to involve the us in foreign controversies without congressional approval
The purpose of the war power resolution was to increase congress role in decision making regarding the commitment of american troops
46
hamdi v rumsfeiled: does the president have the power to detain unlawful enemy combatants unilaterally without checks?
hint -- why is due process so important that it needs to be considered in cases like these
The resolution passed by congress (AUMF) authorizing the president to use all necessary and appropriate force against the people and things he thinks planned 9/11
Yes, with qualifications of adherence to due process rights -- the govt has to give a us citizen held in the us some type of hearing at which he could contest the facts on which the govt based a decsion to treat him as an enemy combatant
Why does the court want strict adherence to due process?
Liberty is at stake
Where the rights of citizens are at stake, the court must interject
47
korematsu v united states ( NOT GOOD LAW) : does the president have military power to exclude citizens from the west coast on the basis of race?
During World War II, the U.S. government ordered Japanese-Americans, including Korematsu, to move to camps. This was because of an order called Civilian Exclusion Order No. 34. Korematsu didn't follow the order and was convicted.
NOT GOOD LAW
where the pressure is strong enough (ie pressing public necessity) it may justify presidential powers
the court concluded that the needs of the nation, as percived at the start of the war, justifed the tempoary exclusion and detention of persons of Japanese ancestors
48
US v Trump -- does the president have the power to raise presidential immunity for CRIMINAL charges after he is no longer president?
No, the defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal criminal acts undertaken while in office.
49
nixon v fitzgerald ; Does the President of the United States have absolute immunity from suits for damages when ACTING in his official capacity?
hint: chilling presidential behavior
Fitzgerald was a whistleblower who alleged that the president had fired him in retaliation for his testimony before congress about military cost overruns
He claimed that the firing violated his first amendment rights
no
ex-President Nixon COULD NOT BE SUED for allegedly had violated the P’s first amendment rights while ACTING as president
Nixon was abosulutly immune for all conduct arising OUT OF HIS OFFICAL DUITIES as president
The court, assuming that the allegations were true, said that it did not matter – such damage lawsuits might CHILL PRESIDNETIAL BEHAVIOR, and so they should be barred
50
clinton v jones : Does the United States Constitution protect the President of the United States from suits based on actions committed BEFORE entering office?
Jones alleged that Clinton had sexually harassed her and violated her civil rights BEFORE he became president
sitting President Clinton COULD BE SUED in federal court for allegedly having violated P’s civil rights while ACTING AS THE GOV OF ARKANSAS
Clinton had no immunity for private actions that did not arise out of any presidential conduct
51
what are the justicablity doctrines (aka the structual limits on the court's power)
judical stripping, standing, and politcal questions
52
what is judical stripping
congress has the power from time to time to ordain and establish inferior courts
this theorteically includes the power to get rid of inferior federal courts
53
what is the standing doctrine (via article three) and what must a P show (hint they must show three things)
it says that litigants must assert thier own case or controversty
1. injury in fact -- must be a legally protected intrest that is both CONCRETE AND PARTICULIZED and ACTUAL OR IMMINENT
2. causation: must be a CAUSUAL CONNECTION BETWEEN THE INJURY AND THE CONDUCT COMPLAINED OF -- ie in a but for manner
3. redressability -- must be likely AS OPPOSED TO SPECULATIVE that the injury will be redressed
54
what is the political question doctrine
says that certain matters are really political in nature and best resolved by the body politic rather than suitable for judicial review
when applied, it holds that the subject matter is not appropirate for judical consideration
55
what are the six circumstances in which a legal issue might not be justicable via the political question doctrine
1. where the constituion makes a textually demonstraable constiuonal commitment of the issue to another branch of the governemtn
2. where there is lack of judicially discoverable and manangable standard for resolving the question
3. where the court would have to make a policy determination of a kind clearly for nonjudicial discretion
4. where a decsion would be disrespectful to coordinate branches of the government
5. where there is an unusual need to treat a political branch's decsion as final
6. where it is necessary for the federal governmnt to speak with one voice on an issue
56
what is mootness
a case is moot when the judgment of the court would not affect the parties to the case in the real world; any court ruling on the question would be academic in nature
57
what is ripeness
when a case is brought too early; meant to prevent the court from entanglining themselves in abstract disagreements over issues that may never need to be decided
58
allen v wright: do parents of black children have the power to sue the IRS for failing to penalize segregated schools? what was the main problem
Parents of black children attending public schools in districts undergoing desegregation brought nationwide class action alleging that the IRS had not adopted sufficient standards and procedures to fulfill its obligation to deny tax-exemption status to racially discriminatory private schools
no, the parents lacked standing
standing was lacking because the injury was not fairly traceable to the challenged IRS conduct -- ie lacked that causation needed that is more than attenuated
59
what does the 13th ammendment do and how can congress enforce it
makes involuntary servitude/slavey illegal
via section 2 of the 13th congress shall have the power to enforce it, but the black codes underscored this
60
what does the 14th ammendment do 'no state shall'
how can congress enforce it
imposes important limitations on the states
directly overrules dredd scott and tells STATES that they have to treat all persons the same with respect to basic rights, regardless of thier citizenship status
section 5 gives congress the enforcment power against state actors, not indvudial actors
61
Slaugterhouse cases : does LA have the power to order butchers to do their slaughtering at a designated place?
Yes! LA is using its police power
the privlages and immunites clause of the 14th neither incorporates any of the bill of rights nor protects all rights of indiviudal citzens
62
what does section one of the 14th ammendmet say (hint the privlages and immunites clause)
prohibits the states from making laws which would abridge the privalges OR immunites of citizens of the united states
63
united states v cruikshank: can congress use its section five power of enforcement to enforce civil rights laws as against private individual
Colfax massacre
Fed government tries to enforce rights via 1870 enforcement act
BAD LAW
No, those rights are only protected by the states
There is no federal government right to protect, the STATE has to protect those rights
64
Bradwell v illiinois : does IL have the power to ban women from practicing law, despite the Privileges and immunities clause of the 14A?
The case where the woman wanted to practice law
BAD LAW
BAD LAW
The Privileges and Immunities Clause of the Fourteenth Amendment does not guarantee women the right to hold the same occupations as men.
Legal condition of women
‘The civil law, as well as nature herself, has always recognized a wide difference in the respective spheres and destinies of man and woman’
Practicing law for a woman is not a privilege or immunity
65
minor v happerstaff -- can a state bar women from voting, depsite the 14a
The right to vote is not a necessary privilege of a United States citizen.
66
the civil rights cases: can congress forbid private actors engaging in private business from racially discriminating?/ does congress have the power to regulate private action that racially discriminates?
hey all arose out of the exclusion of black people from inns, theaters, and a railroad on account of their race
STILL GOOD LAW
SC held that the civil rights act of 1875 was unconstitutional; under the equal protection clause of the 14th ammemdnet, congress could prohibit only discrimination by state actors, not private individuals
Under the 14th, congress can use its powers only to regulate STATE ACTION
13th doesn't fly because the private right violated was not one that the court is willing to protect
Under the 13th, there was no authority given to congress to adjust the social rights of men and races in the community; but only to declare and vindicate those fundamental rights which pertain to the essence of citizenship
67
plessy v ferguson: does a state have the power to require public accommodations be racially segregated?
public accommodations that are segregated according to racial classifications do not violate the EPC of the 14th amendment as long as such accommodations are ‘separate but equal’
Separate but equal does not violate equal protection clause
68
what is the equal protection clause of the 14th ammendment
says that no person shall be denied equal protection of the law by any state
69
giles v harris: Does AL have the power to pass nominally impartial voting laws with racially discriminatory impact?
P wants an injunction to order county official to register a black man to vote
the federal judiciary has no authority over local conspiracies to systematically disenfranchised black individuals by preventing them from exercising their right to vote
SC says we’re done with reconstruction, to to congress for all your qualms
70
trump v anderson (go back and add cams stuff from outline)
does Colorado have the power to exclude trump from the ballot under Section 3 of the 14th amendment
71
term limits v thorton
the requirements for membership in the united states congress are established by the qualifications clause of the united states constitution and MAY NOT be ammendned by individual states
72
what is incorporation
a constitutional doctrine through which parts of the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment. Incorporation applies both substantively and procedurally.
73
lochner: does ny have the power, consistent with the due process clause, to regulate the hours of bakers?//is NY power to regulate business consistent with its obligation via constitution to uphold liberty of k?
BAD LAAW
a state may not regulate the working hours mutually agreed upon by employers and employees as this violates their 14th amendment right to contract freely under the due process clause
court thought it was just a labor law and an improper excersise of the states plolce power
74
what is the due process clause of the 14th ammendment
nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws
75
coppage: does a state have the power to ban employers from making their employees sign yellow dog contracts?
A Kansas law forbade employers from making their employees sign yellow dog ks in which the employees promised that they would not join a union
the due process clause of the 14th amendment prevents states from making laws that prohibit employment contracts barring employees from joining a union.
76
Jacobson: does a state have the power to mandate vaccination?
a state has the authority to enact reasonable laws under its police power to protect the public health and safety of its citizens.
77
Muller: does a state have the power to regulate labor hours for female factory and laundry workers?
under the 14th amendment, a state may constitutionally limit the working hours of women and not men because of the state’s strong interest in promoting the health of women as the ‘weaker sex’
78
Champion: does congress have the power to regulate lottery ticket sales across state lines?//does congress have the power to ban interstate transport of lottery tickets?
ie the plenary view of the cc
the power of congress to regulate commerce amoung the states is PLENEARY, complete in itself, and subject to no limitations except as they may be found in the constituion.
a carrying of an article of commerce of commerce of one state into another state is under congress’s control
79
Hammer: does congress have the power to regulate/prohibit commerce based on whether or not child labor was used? // does congress have the power to ban interstate commerce of goods produced by child labor?
Majority says no
congress may not use its commerce clause power to regulate child labor in the states as this is a purely local matter.
80
Bailey: does congress have the power, pursuant to its article 1 taxing power, to TAX child labor?
Congress enacted the child labor tax law of 1919, which imposed a 10% tax on the net income of any manufacturer employing children below specified ages
BAD LAW
congress may not attempt to regulate through a tax matter that is reserved to the states by the tenth amendment to the constitution.
81
Holland: does the federal government have the power to ban the killing of migratory birds via a treaty?
a treaty which infringes the rights reserved to the states under the 10th amendment to the United states constitution may nevertheless be considered valid if its made under the authority of the united states and is thus the supreme law of the land
82
West coast hotel: does a state have the power to set a minimum wage for female workers?
a state may regulate the minimum wage paid to female employees when that regulation is for the purpose of promoting employees health, safey, and general welfare
83
Carolene Products: does congress have the power to ban the interstate transport of filled milk?
SEE FN FOUR PLEASE
congressional legislation of common commercial products will be scrutinized under a rational basis test
the filled milk act is rationally related to the public's health and safety
84
Willimson: does a state have the power to regulate opicitans business?
Oklahoma made a law that said only certain people could fit lenses to glasses or put old lenses into new frames. Lee Optical didn't like this law and said it was against the Constitution. The lower court said some parts of the law were okay, but it wasn't okay to need a prescription just to put old lenses into new frames. The court said this didn't really help keep people safe. The case was then taken to the Supreme Court.
a state may regulate a business if its legislature determines there is a particular health and safety problem at hand and that the regulation in question is a rational way to correct the problem
Example of an extremely deferential standard
In this case, even where Congress offered no reasoning, the court was happy to supply reasoning
As long as the legislation had some basis, it was fine
85
what does footnote four say in carolne products
ustice Stone wrote that that Court would apply stricter standards of review to laws that targeted “discrete and insular minorities.” This footnote influenced the Court in its subsequent development of the standard of review today known as “strict scrutiny.”
86
what was the switch in time
when the court began to sustain economic laws passed by the states and a broaden inertp of the commerce clause
87
schecther poultry v united states :does congress have the power to regulate NY poultry slaughterhouse? BAD LAW
Schechter Poultry Corp., a wholesale poultry business in Brooklyn, was convicted for violating the Live Poultry Code (LPC) regulations and for conspiracy. The LPC was created under the National Industrial Recovery Act, which let the president approve 'codes of fair competition' for industries. Schechter appealed, saying Congress overstepped its power by regulating their IN STATE ACTIVITES and that the president shouldn't have full power to approve or disapprove the LPC provisions.
BAD LAW -- no! congress does not have the power to regulate wholly intrastate activities that have only an indirect effect on interstate commerce
88
NLRB v jones: does congress have the power to regulate manufacturing and labor relations via the NLRA
In 1935, Congress created the National Labor Relations Board (NLRB) to enforce fair labor practices, including the right to form unions. Jones & Laughlin Steel Corp. (JLSC) fired ten employees who tried to form a union, and the NLRB punished the company. JLSC sued, saying that Congress didn't have the power to regulate labor relations.
yes! congress may regulate labor relations under its commerce clause power because labor relations have such a close and substantial relationship to interstate commerce that their control is essential to protect that commerce from burdens and obstructions
If there is a substantial economic effect that crosses state lines, that is COMMERCE, and within commerce power!
89
what case marks the shift in how we think of the commerce clause?
NLRB! -- congress can now regulate intrastate commerce if they had a close and substantial relation to interstate commerce
90
how does fdr define commere in his fireside chat
gives it a broad defintion
91
united states v darby: does congress have the power to regulate employees who make goods to be sold in interstate commerce
Congress made a law called the Fair Labor Standards Act (FLSA) to stop goods made under bad labor conditions from being sold in interstate commerce. The U.S. government sued Darby Lumber Company because they said the company was not following the FLSA's rules and was planning to sell their goods in interstate commerce.
OVERRULES HAMMER. yes!
congress may regulate labor standards involved in the manufacture of goods for interstate commerce and may exclude from interstate commerce any goods produced under substandard labor conditions
If effects don't say local, congress has the power to regulate
The commerce clause is to be understood BROADLY
92
what new reading of the 10th ammendment does darby have
States only retain the powers NOT given to congress – aka power to regulate commerce
If congress doesn't have it, it doesn't have it
But you have to go to commerce clause to see if they have it
93
what does darby do with the direct v indicret standandr via commerce clause
says its too arbitrary to use and also discards the production-commerce disction
94
wickard v filburn: does congress have the commerce clause power to regulate a purely in state wheat farmer?
In the 1930s, during the Great Depression, President Roosevelt and Congress made a law to limit how much wheat farmers could grow to help control the price of wheat. Filburn, a farmer, grew more wheat than the law allowed and was punished. He sued the Secretary of Agriculture, Wickard, saying that the law shouldn't apply to him because he only used the extra wheat for himself and didn't sell it.
congress may regulate local activity if that activity exerts a substantial economic effect on interstate commerce
Even if its just one farmer cheating,its one element in a bigger national market for wheat
In the AGGREGATE it is a substantial effec
95
united states v butler: Does congress have the power to spend federal funds to incentive farmers to reduce acreage?
n 1933, Congress made a law called the Agricultural Adjustment Act (AAA). This law let the Secretary of Agriculture limit how much of certain crops farmers could grow and tax farmers who grew too much. It also gave money to farmers to help control how much they grew. Butler, a crop processor, sued the U.S. government because he thought the AAA violated the Constitution.
no! congress may not use its taxing and spending powers to obtain an unconstitutional result, such as invading the reserved rights of the states under the 10th amendment
Bad law with regard to the TAXING POWER but gives back bone to lack of 10th amendment restriction on spending power
96
steward machine company: does congress have power to pass the tax portion of the social security act/can congress impose a tax on employers based on their employees wages?
The Social Security Act has a program for unemployment compensation. In this program, employers have to pay a federal tax. However, if these employers give money to a state unemployment fund that meets federal standards, they can get a 90 percent credit on this tax.
in exercising its constitutional spending power, congress may not enact a law that COERCES the states contrary to the autonomy guaranteed to them under the 10 amendment
97
Heart of atl: does congress have the commerce clause power to prohibit racial discrimination by hotel
In 1964, the Civil Rights Act was passed by Congress to stop racial discrimination in public places like hotels. The Heart of Atlanta Motel in Georgia, which mostly served out-of-state guests, refused to rent rooms to African Americans. They sued the U.S. government, saying the Civil Rights Act was an overstep of Congress's power to regulate interstate commerce.
congress may enact regulations that prevent racially discriminatory polices in hotel accommodations because of the negative effects of those policies on interstate commerce
There was an overwhelming evidence of the disruptive effect that racial discrimination has had on commercial intercourse
98
katzenbach v mclung (ollie's bbq) : does congress have the commerce clause power to prohibit racial discrimination by restaurants?
In 1964, a law was passed to stop places like hotels and restaurants from treating people differently because of their race. The McClungs, who owned a restaurant in Alabama, didn't let black people eat in their dining area. Half of the food they served came from other states. They sued the government to stop them from enforcing this law
congress may regulate the discriminatory policies of restaurants through title 2 of the civil rights act if those policies have SUBSTANTIAL EFFECT ON THE INTERSTATE COMMERCE
The racism might be insubstantial, but its substantial enough! See wickard!
99
united states v lopez: does congress have the cc power to ban gun possession in public schools
no -- having a gun is not commerce!
congress may not, pursuant to its CC powers, pass a law that prohibits the possession of a gun near a school
You can regulate the behavior IF you can link to commerce
Here, the link is just too speculative so the court strikes down the act as beyond congress commerce power
100
piggie park: is piggie park a place of public accommodation within the meaning of the CRA? Are drive in restaurants places of public within the meaning of CRA? Should winning ps under the cra get attorneys fees?
come back to it
101
gonzales v racih: May Congress regulate the use and production of homegrown marijuana?
congress may regulate the use and production of home grown weed as this activity , taken in the AGGREGATE, could rationally be seen as having a substantial economic effect on interstate commerce
102
sebulis (commerce clause) Does congress have the power to enact the ACA as an incentive for people to buy healthcare under the commerce clause?
no
Instead, HERE, they are CREATING the activity that they are trying to regulate
The commerce clause is not a general liscene to regulate an individual from cradle to grave
This is beyond the CC power
103
sebulis(the taxing power) Does congress have power to impose a tax on those without insurance via aca
yes
the individual mandate is a valid use of congress’s TAXING POWER,
The taxing power is constructed broadly
If it looks like a tax, it must be a tax, NOT A PENALTY – the quack test
Statute refers to person paying it as ‘taxpayer’
104
sebulus(the spending power) Does congress have the power to penalize states via taking away medicaid funding for not participating in the aca program under the spending power
No, its a gun to the head
States were not on notice that their choice to opt out would loose all of its funding
This is not a proper choice; its compelling and not incentive and was not a meaningul choice
105
united states v comstock: does congress have the necessary and proper clause power to require civil commitment of mentally ill, dangerous prisoners?
yes
under the necessary and proper clause, congress has the authority to enact a law that allows civil commitment of mentally ill, sexaully dangerous federal inmates beyond the end of the prisoners’ criminal sentences
106
south dakota v dole: does congress have the power to enact a statute that withholds money from states who allow drinking under 21?
South Dakota allowed people 19 and older to buy beer with up to 3.2% alcohol. In 1984, a federal law was passed that said states allowing people under 21 to buy alcohol could lose some highway funds. South Dakota sued, saying this violated limits on Congress's spending power and the 21st Amendment.
The receipt of federal funds may be conditional if the exercise of the spending power is for the general welfare, the conditions are unambiguous, the conditions are related to a federal interest in a particular national project or program, and the conditions do not violate any other constitutional provisions such as the Tenth Amendment.
broad spending power if under general welfare, conditions relate to federal interest
107
what are the dole factors (spending power)
1. the exercise of the spending power must be reasonably calculated to advance the general welfare
2. congressional condtioning of the states' funds must be UNAMBIGOUS, allowing states to excersise thier choice knowingly, and be aware of the consequences
3. the condition should be related to the federal interest in particular national projects or programs
4. the spending power cant be used to induce the states to do anything unconstuional
108
katzenbach v morgan: does congress have the 14th amendment section 5 power to prohibit ny from denying the vote to Puerto ricans?
yes
congress may pass legislation to enforce the EPC of the fourteenth amendment even when the legislation conflicts with state law
Congress saw a harm in NY law, and under their enforcement power they can remedy it
This opinion is an example of the court being deferential to congress
109
jones v alfered mayer: does congress have the power to enforce the 13th amendment by passing laws that govern the actions of private actors?/ does congress have the 13A section 2 power to prohibit private racial discrimination in the real estate market?
yes!
This cases uses the McCulloch test again so gives deference to congress
The right of universal freedom
The court held that to be within congress’ 13 amendment power, a federal statute only had to have some arguably rational connection with the ERADICATION AND INCIDENTS OF SLAVERY
110
what is the mcuclloch test
whether a law is appropriate legislation to enforce the EPC, i.e. whether a law may be regarded as an enactment to enforce the EPC; whether it is plainly adapted to that end and whether it is not prohibited by but is consistent with the letter and spirit of the constitution.
111
oregon v mitchel: does congress have the reconstruction power to prohibit states from denying the vote to those under 18/does congress have the power to lower the voting age in STATE elections?
no
The EPC is meant to remedy RACIAL discrimination – so unlike Katzenbach, congress trying to protect young adults is not racial!
Maj Found that congress could not usurp the role of the courts ny determining the boundaries of the equal protection clause
112
boerne: does congress have the 14A section 5 power to prohibit states from burdening a persons exercise of religion?
In 1993, Congress made the Religious Freedom Restoration Act (RFRA) to overturn a Supreme Court decision. The RFRA stops the government from heavily limiting a person's freedom to practice their religion. Archbishop Flores sued the City of Boerne under the RFRA when the city didn't let his church expand its building. The city said no because the church was in a historic district.
no
In exercising its remedial and preventive power to enforce a constitutional right under Section 5 of the Fourteenth Amendment, Congress may enact only legislation that utilizes congruent and proportional means for achieving that legislative purpose.
Congress can ENFORCE OR REMEDY – NOT CHANGE
To test this, we use the congruent and proportional test
113
what is the congurent and proptortial test creaed in bourne used to test congress ability to enfoce the epc
There must be a congruence and proportionality between the injury to be prevented or remedied and the means adopted to that end
114
united states v morrison: does congress have the 14a section 5 power to provide a federal civil remedy against gender motivated violence?
no
under section five of the 14, congress can only regulate the discriminatory conduct of state officials , not private actors
115
brown v board of edu: Do states have the power to require or permit racial segregation in public schools?
separate education facilities based on racial classifications are inherently unequal and violate the EPC of the 14th amendment
While there is evidence that the white and black schools are being equalized, we cant let the decision turn on tangible matters like this – IE GETS RID OF SEPARATE BUT EQUAL STANDARD
116
boiling v sharpe: does the federal government have the power to racially segregate public schools?
Bolling, an African-American, and others sued the federal court in the District of Columbia. They said racial segregation in the district's public schools was not constitutional. The district court didn't agree with them and dismissed the complaint
racial segregation of public schools in DC violates the DPC of the 5th amendment
reached this conclusion via reverse incorporation
117
brown two: what is the appropriate relief for the brown Ps?
adequate compliance with the court’s previous holding that racial discrimination in public education is unconstitutional requires public schools to desegregate ‘with all deliberate speed’
118
loving: does VA have the power to ban interracial marriage?
no! a state may not restrict marriages between persons solely on the basis of race under the EPC and DPC of the 14th
Have to ask the question: what is the state's purpose in passing a law like this?
The state had no good reason, so violates epc and dpc
States CAN regulate marriage BUT – a state has a limit on how a state can regulate marriage
The court rejected the notion that the mere equal application of a statute containing a racial classification is enough to remove the classification from the 14th amendment’s proscription of racial classification
119
what is the difference between anticlassification and anitsubordination?
anticlassification: argues that harm of inequality stems from classifying perons according to race, a practice that is assumed by its nature to be invidious. -- looks to whehter a statute or other government action invovles a FACIAL classiifcation (or is secerlty intended to classify)
antisubordination: argues that the harm of inequality arises from unjust forms of social heircy or social subordination -- looks to the impact of state action in fostering or reproducing an unjust social structure
120
what is the strict scruity test and what classfications does it apply to
how do we apply it in a dp case
how do we apply it in epc cases
whehter the law in question is NARROWLY TAILORED to acheive a COMPELLING GOVERNMENT INTEREST
the court will require the government to show a close relationship between the classifcation and promotion of a compelling overriding intereset
with EPC -- applies to RACIAL CLASSIFICATIONS, NATIONALITY/ALIENAGE, FN4 OF CAROLENE PRODUCTS
with DP -- applies to fundamental rights -- presumed to be Unconstitutional
121
Palamore v sidoti: Whether the removal of custody of her child from a woman on the grounds that she entered into an interracial relationship violated the Equal Protection Clause of the Fourteenth Amendment.
the deprivation of custody of an infant child from her mother solely because of the risk racial biases violates the EPC of 14th
122
griggs v duke power: does a private employer, consistent with the civil rights act have the power to require its employees to have a GED?
GOOD LAW
GOOD LAW --
NO -- EPC) Police Test 21. A gov’t practice or law must have a “discriminatory purpose,” not merely a disproportionate effect on a minority.
123
what is the griggs test (hint disprate impact test)
it probes facially netural practices to ensure their enforcement does not unessciarly perpetrate the effects of past intentional discrimination
124
what are the two paths to ligigation for strict scruity race classfications
when the law on its face discriminates -- de jure
when the laws are faciclally netural but have racially signficant impact -- defact
125
what are the two disprate impact analysis when we talk about facially neutral laws
one test under title vii --can be appplied to private indivudals becase its a statue
another test under the constiioun -- only applied ot states
126
washington v davis: Does a public employer have the constitutional power to apply a test with a racially disparate impact?
Davis, an African American man, and another African American man applied to join the Washington, D.C. police department but were turned down. They sued the mayor of Washington, D.C., claiming that the police department used a verbal skills test that African Americans failed more often.
no, but you have to show that the test both has a a disproportionate impact on a particular race and is motivated by invidious racial discrimination.
just a disproportionate impact doesn't trigger strict scrutiny by the courts without more.
In this case, the administration of the test by the Washington, D.C. police department doesn't show a discriminatory purpose.
The test is neutral and was given to all applicants to see if they had the necessary verbal skill to be a successful police officer.
127
village of arlington: Does a zoning board have the constitutional power to forbid the building of low-income housing?
The Metropolitan Housing Development Corp. (MHDC) wanted to change a piece of land's zoning classification so they could build a racially-integrated housing complex. The Village of Arlington Heights said no to their permit request. MHDC then sued, saying that the denial was racially discriminatory and broke the Fourteenth Amendment and the Fair Housing Act of 1968.
A state-sponsored racial classification will not be held to violate the Equal Protection Clause of the Fourteenth Amendment unless a plaintiff shows that the law is motivated by a discriminatory purpose and has a discriminatory impact.
128
what are the 6 factors the court used in arlington that is used to determine whehter governmental decsions were racially motivated (OTHER THAN THE OBVIOUS OVERT DISPLAY OF A STATEMENT OF DISCRIMINATORY INTENT)
1. impact of the offical act shows a clear pattern of discrimination unexplanible on any grounds OTHER THAN DISCRIMINATION
2. HISTORICAL BACKGROUND of decsions
3. specfic sequnece of events leading up to the decsion
4. departutes from normal procedures
5. departures where factors usually considered strongly favor a contrary decsion
6. legislative or administrative history
129
feeeny: Does MA have the constitutional power to pass a law that will foreseeably disadvantage women?
Massachusetts made a law that said veterans should be considered for state jobs before non-veterans. Feeney, a woman who wasn't a veteran, did really well on some tests for these jobs, but men who were veterans and did worse on the tests got the jobs instead. She said this was unfair and took the case to court, saying the law was against the Equal Protection Clause because it hurt women.
BECAUSE OF NOT IN SPTIE OF!
To prove that a state actor violates the Equal Protection Clause by enacting legislation with a discriminatory purpose, a plaintiff must show that the decisionmaker selected or reaffirmed a particular course of action at least in part because of, not merely in spite of, its adverse effects upon an identifiable group.
130
ricci v destefano: Does a public employer have the Title VII power to throw out exam results directly because of race? (de facto -- disparete test)
Firefighters in New Haven, Connecticut (the city) had to take a written exam before they could be promoted to lieutenant or captain. Each open position would be filled using one of the three top-scoring candidates. The exam results would determine promotions for the next two years. Based on the exam results, the 10 candidates eligible for the current lieutenant openings were all White. For the captain exam, seven White candidates and two Hispanic candidates were eligible for the current openings. The city was concerned about legal liability. If the city used the test scores, it would be sued by the minority candidates denied promotions. Alternately, if the city did not use the test scores, it would be sued by those who would have been promoted if it had. The city decided not to use the test to make promotion decisions. White and Hispanic firefighters (plaintiffs) sued the city, arguing that they had been denied promotions in violation of Title VII of the Civil Rights Act of 1964 and the Fourteenth Amendment’s Equal Protection Clause
in this case,no
before an employer can engage in intentional discrimination for the asserted purpose of avoiding or remedying an uninetional disparte impact, the employer must have a strong basis in evidence to believe it will be subject to disparte impact liabilty if it fails to take the race conscious, discriminatory action
131
city of richmond v cronson: Does the city of Richmond have the power to adopt the minority business utilization plan?
no! Without evidence of past particular race-based discrimination, a city may not enact a plan to provide a race-based set-aside to exclusively promote minority business enterprises, as this does not constitute narrowly tailored means geared towards accomplishing a compelling state purpose.
Richmond fails to show COMPELLING PROBLEM or how the specific design of the promotion is meant to fix a SPECIFIC PAST HARM
Court couldn't see any clear link between past discrimination and whats happening now
132
how did the goals of the racial classfication between loving and corson differ
The one in loving was a negative one, and the one in cronson was positive (even though it failed SS)
133
adarand v pena: whether the government program that gives money to companies for hiring subcontractors run by 'socially and economically disadvantaged' people, who are usually racial minorities, goes against the part of the Fifth Amendment that says everyone should be treated equally
All racial classifications imposed by the federal, state, or local government must be analyzed by a reviewing court under strict scrutiny; that is, such classifications are constitutional only if they are narrowly tailored to further compelling governmental interests.
134
grutter v bolliger: does the school have the power to use race in considering admission? / does a public university have the power to consider race in its admission decisions, consistent with the 14a?
Yes because it had a compelling interest in attaining a diverse student body --however, the school must demonstrate it previously made a serious, good faith consideration of workable, race-neutral alternatives to achieve the sought-after racial diversity.
Diversity in student body IS A COMPELLING INTEREST
Here, the program is narrowly tailored!
Its not quota based but they use CRITICAL MASS
135
what is the temporal upstream/downstream argument used in grutter
places up stream from the university want more diverse applicants but cant get them if the university is not admitting a more diverse student body
136
gratz v bolligner: does a public university have the power to award extra points for race in its admission decisions?
A university admissions policy that automatically gives preference to minority students on the basis of race, without additional individualized consideration, violates the Equal Protection Clause.
Held that the undergrad admin plan was not NARROWLY TAILORED to achieve a compelling interest in diversity
137
students for fair admissions: Does a public university have the power to consider race in its admission decisions, consistent with the 14A?
essesntially overturns grutter but not really because it just made SS even stricter
the use of race reienforces a sterotype
If you're gonna follow grutter, you need the math/numbers – court isnt gonna turst you without the numbers
138
graham v richardson: does a state have the power to deny welfare benefits to resident aliens, or require a residence period?
Arizona and Pennsylvania had assistance programs that were partly funded by federal grants. But they added extra rules. Arizona said you had to be a U.S. citizen or have lived in the U.S. for at least 15 years. Pennsylvania said you had to be a U.S. citizen. Two people who were legally living in the U.S. but weren't citizens were denied benefits because of these rules. They sued, saying the rules broke the Equal Protection Clause of the Fourteenth Amendment.
no, it violates the epc
classifications based on alienage are the same as those based on race in that they require strict judicial scrutiny -- the classification is valid only if it is necessary to promote a compelling state interest
139
bernal v fainter: does the epc preclude states from denying aliens the opportunity to become notaries public?
a state that imposes a requirement of the US citizenship upon an applicant to become a notary public violates the 14
Notary public not within the public function that would allow a state to do this without strict scrutiny
140
what is the political function exception that says that alienage wont trigger strict scuritny (comes from bernal)
applies to laws that exclude aliens from positions intimatly related to the process of democratic self government
the state may exclude noncitizens from elected gov positions and also from those posistions that are related to the democratic process
if the alienage classification relates to self governance or to posistions that to to the HEART OF REP GOVERNMENT, teh court will uphold the classfication with a DEFRENTIAL standard to review
141
fronterio v richardson : does the 5A preclude the government from discriminating on the basis of sex?
yes! developed an intermediate level of review for gender based discrimination
is it importnat government interest and is the classification a means to achieve that goal?
142
US v virginia (VMI) Does the EPC preclude VA from maintaining a uniquely prestigious school as male only?
All governmental gender classifications must be substantially related to an important government purpose that can be demonstrated by the government if it offers an EXCEEDINGLY PERSUASIVE JUSTIFICATION for the classification.
VA’s attempt to justify fall short
143
What is the intermediate standard that a state must meet when it comes to gender classification (via VMI)
substaqtial relationship to an importat governmetal interest
144
how can you dial up/dial down within intermediate ?
both deal with an important government interst, but they differ in terms of how close the classfication needs to be to meet that gov interst
sufficiently related= at the lower end (sounds like rational basis) -- see Micheal M
Exceedingly persusuasive = the stricter end -- see VMI maj
145
Micheal M: can a state attack the problem of sexual intercourse and teen pregnancy directly by prohibiting a male form having sex with a minor female?
yes -- via the dialed down intermdiate, such a statute is SUFFICENTLY RELATED to the state's objectives to pass constitutional muster
146
Nguyen v Ins: :does congress have the power to grant citizenship on a sex differential detail without violating equal protection rights?
what are the two gov intersts that the gov presents and ultimaly wins on?
Maj says yes
Two key justifications – see numeral one and two in the case
1. Court reasons that mother HAS to be present at birth so you know of the birth and it's yours!
Men could become fathers but could possibly never know it
2. Kinda patriotic reasoning
Socializing someone as a us citizen
Maj says these two are important govt interest and the means is substantially related to the govt wins
147
how could the ngyen case fail under SS?
The dna test as an alternative
The presence of dna is a gender neutral test
This would fail SS but we are in intermediate
SS tells us that if there is a neutral alternative that would do the same thing, we should pick that instead of the classification
148
morales-santana: Does equal protection preclude Congress from setting different rules for citizenship based on the parent's sex?
A law said that if a child was born in another country to an American dad, the dad had to have lived in the U.S. for 10 years for the child to be a U.S. citizen. But if the child was born to an American mom, she only had to have lived in the U.S. for one year. Jose Morales moved to the Dominican Republic when he was 18 and had a son, Luis. Luis moved to the U.S. when he was 13, but got in trouble with the law. The government wanted to send Luis back to the Dominican Republic, but Luis said the law was unfair to men.
A law that discriminates based on biological sex is unconstitutional if it is not substantially related to the accomplishment of an important governmental purpose.
Not a strong policy reason for it so doesn't meet intermediate scrutiny
Assumption about who would be more apt to assume parental responsibility
A stereotype and congress cant make policy from sterotype
149
how are morales and nguyen different even though they both were classifcations based on biologcal sex and both based in sterotypes
nguyen: biologically based with stronger policy reason
morales: based on stereotype with weak policy reason
150
feeny(again): the veteran case where the lady was like the knew that most veterans were men and they knew what they were doing
No narrow tailoring requirement, just substantial relation
Disparate impact so its neutral on its face, so they have to show intent, and that fails here because of the ‘because of vs in spite of’ analysis
151
nevada department of hr v hibbs: does congress have the 14a section 5 power to pass the FMLA?
yes! because the fmla set a minimum standard of family leave for ALL eligable employees regardless of gender - ie it is narrowly tailored
152
what are the steps in applying the congruent and proportional test (ie when congress is trying to use their section 5 power of enforcemnt under the 14th) ie the bourne test
Step one: what would the court do
Step two: what did congress do
Step three: how does what congress do relate to what court would do
Step four: is congress action congruent and proportional to what the court would do?
Yes – constitutional, see hibbs
No - unconstitutional, see city of bourne
153
city of cleburne: does a city council violate the EPC by requiring a permit for a home for intellectually disabled persons? what level of scruitny is used?
yes: the record does not reveal and rational basis for beleving that the home would pose any special threat to the city's legitmate interests
court opts to use rational basis not intermediate for this classiccation via disabled persons
court does opt to use rational basis with bite though
154
when will a court decide to dial up rational baisis for a classfication (ie like the city of cleburne case)
Where there looks like government is using its power to validate irrational biases, the court will dial up the level of scrutiny even within rational basis!
155
what are some potential downsides to dialing up rational basis
Rational basis meant to limit judicial review, so adding teeth kinda defeats the purpose
Dialing up rational basis invites more litigation and judicial is more involved
156
what is the test for rational basis
A classification is presumed valid so long as it is rationally related to a constitutionally permissible state interest.
157
griswold v Connecticut: does a state have the power to ban the use of contraceptives by married couples?
Griswold is the first to say we have a fundamental right to privacy that prevents certain government/state action
An implied “right of privacy” exists within the Bill of Rights that prohibits a state from preventing married couples from using contraception.
158
meyer v nebraska: May a state law forbid the teaching of any subject in a non-English language in local schools without violating the Due Process Clause of the Fourteenth Amendment?
no
No explicit enumerated right to learn a lang, BUT its still a fundamental right to learn lang of your choice
Liberty denotes not only freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to marry... to generally enjoy those privlages long recognized as common law as essential to the orderly pursuit of happiness by free men.
159
what is the due process clause of the 14th
nor shall any State deprive any person of life, liberty, or property, without due process of law
160
what is the equal protection clause of the 14th
a governmental body may not deny people equal protection of its governing laws
161
skinner v oklahoma: Does a statute that allows for the forced sterilization of persons deemed to be “habitual criminals” violate the Equal Protection Clause of the Fourteenth Amendment?
yes
this use of police power via the classfication violated the epc because it could not properly justify any promtion of health wealth or morals that would justify taking away the right to procreate
Fundamental right to procreate
State cant create unequal class distinctions (ie deciding who will be steralized)
No textual right to procreate in the constitution
BUT THE CONSTITUTION PROTECTS UNENUMERATED RIGHTS
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how is griswold (contraceptive case) different from lochner
ie what is the court hesitant to say because it would require them to differentate from lochenr
Liberty of due process encompasses a privacy right
Lochenr era laws restricted stranger to stranger interactions (ie can't buy goods made by child labor laws)
BUT HERE: now allowing use of contraceptives, the court is reaching into the bedroom, far more personal interaction
163
what does the douglas concurrence in griswold say about the zone of privacy
relies both on precendet/case law and textual arguments from tehe constuion to create a zone of privacy via unenumerated rights
EX: the third amendment to not have soldiers in your home alludes to an unenumerated right to privacy
This amendment is not just about quatering soldiers, but about what quartering soldiers violates –PRIVACY OF THE HOME
Ex: the 9th amendment: ‘the enumeration in the constitution, of certain rights, SHALL NOT BE CONSTRUED TO DENY OR DISPARAGE OTHERS RETAINED BY THE PEOPLE
164
hunt v washington apples: does NC have the power to prohibit the display of state grades on imported apples?
A facially neutral statute still violates the Commerce Clause if it discriminates against interstate commerce in practice.
Even though facially neutral, the burdens and costs on interstate commerce that it produces far outweigh the benefits
Also suspicion that the nc statute was trying to protect nc apple growers
Cant have protectionist statutes under the dormant commerce claus
165
what do we do with a state law that have the effect of burdening out of staters
ie dormant commerce clause
1. If facially discriminatory, its per se invalid
2. If neutral regulation that has the effect of burdening out of state commerce/interstate commerce COURT WILL USE THE BALANCING TEST USED IN PIKE, HUGHES, AND HUNT
Cost and benefits test
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what is the pike test for the dormant commerce clause
If neutral on its face, and only an incidental effect, then balance the burden and benefit
Local purpose must be legit
Purpose should be obtained as effective without the effects on interstate commerce
167
what is the domrant commerce clause
means that states cant enact laws that have the effect of burdening interstate commerce
168
excpetion to the dormant commerce clause?
market participation
The state is the market participant itself using state funds
If you decide that the state itself takes ownership of an issue/solving a problem, the state becomes the market itself
Therefore, private actors who would have liked to been involved in this business cant complain that thre is a dormant commerce clause violation
169
gregory v ashcroft: does MO’s automatic retirement age for judges violate the ADEA?
Judge Ellis Gregory Jr. and other Missouri state judges sued the State of Missouri. They said a rule in the Missouri constitution that makes state judges retire at age 70 was against the Age Discrimination in Employment Act
A statute should not be construed in a manner that would alter the usual constitutional balance between the states and the federal government, unless Congress’s intent to do so is unmistakably clear in the language of the statute
Where congress is regulating under its section 5 power or its commerce clause power in a way that has effects on government functions of a state, congress must UNAMBIGUOUSLY PROVIDE A CLEAR STATEMENT THAT IT INTENDS FOR ITS LIMITATIONS TO APPLY SPECIFICALLY TO STATE GOVT FUNCTIONS
Because congress did not specifically say that the age discrimination act was meant to apply to even those kinds of state functions, it doest apply
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new york v united states: can the federal government force state legislatures to enact or administer a federal regulatory program?
whats the democratic accountabilty argument for anticomendeering?
Congress may not compel states to enact or administer a federal regulatory program.
Congress cant tell states how to legislate
Also cant tell states that they have to take title to a thing
Congress CAN incentive!
ig democratic accountability problem that doesnt maintain the separate lines of auhtoiry and separate lines of democratic accountability
It blurs accountability via locals v federal spheres
Also about preserving national and state in the federalism sense
171
whats the key thing to understand from the new york radioactive waste case
anticomdeering
Understand the difference btwen being commanded to legislate (which you cant do) vs being incentivised by spending power (which congress can do) vs CONGRESS OWNING THE WHOLE THING
172
printz v united states: can the federal government force state executive officers to administer federal programs?
no
Objections under anti commandeering succeeded because of federalism concerns that congress cant commendeer state executive officials to enforce federal law
Vertical structure- keep the separate lines of govt septerate better protects liberty –see page 814
Horizontal structure - also make sure there is unity in the federal executive office
Ie dont let congress assign executive duties to state officials
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what is the plain statement rule from gregory
federalism
The rule says that the court will not interpret a federal statute in a manner that will interfere with essential state or local government functions UNLESS congress plainly states its intention to do so in the statute itself
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roe: can a state regulate or prohibit abortion?
The constitutional right to privacy protects a woman’s right to choose to have an abortion; violated due process clause
the trimester test: first trimester= woman can get abortion as long as they can find a doctor to do it -- other triemesters= compelling interest to regulate
Focus is on the woman’s interest
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planned parenthood v casey: Can a state regulate or prohibit abortion?
A state abortion regulation places an undue burden on a woman’s right to an abortion and is invalid if its purpose or effect is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.
upheld roe but overtured the trimester test for the undue burden test
Privacy and liberty take precedent
State is limited in its ability to interfere in a person's personal life
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what is the undue burden test that comes out of casey
an abortion restriction is unconstitutional if it imposes burdens that outweigh its benefits.
regulations designed to foster the health of a woman seeking an abortion are valid if they do not consitute an undue burden the womens right to privacy
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dobbs: should roe and casey be overturned
maj says yes
Dobbs: (1) The United States Constitution does not confer a right to abortion.
(2) The Supreme Court may overrule a wrongly decided constitutional decision.
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what reasoning does the dobbs court use to justify that the right to abortion is not fundamental
1. Not in history or tradition
The right was not deeply rooted in tradition and history – this was used in incorporation cases too
2. Not important for ordered liberty
Also holds that nothing in the constitution protects the right to privacy – textual argument
179
how do the dobbs maj/roe dissent and dobbs dissent/roe maj view the right to abortion
Dobss maj Argues that abortion is different because it destroys potential life
The roe maj argues that abortion wasnt different than the other unenumerated liberty rights
180
eisenstadt v baird: May a state statute permit the giving of contraceptives to married persons and not to unmarried persons without violating the Equal Protection Clause of the Fourteenth Amendment?
no;
there is no rational or legitmate way for the legislature to distingusih between contraceptives used by married or unmarried persons
181
how does the epc serve as a limitation on states and enforncing sterotypes
Epc a limitation on who a state might embark stereotypes on men and women’s sphere in society
State cant use or reinforce these stereotypes in making laws and shaping society
182
lawrence v texas: Does a state have the power to prohibit sodomy?
no -- overturns bowers
Yes. The Due Process Clause of the Fourteenth Amendment includes a right to liberty in individual decisions concerning the intimacies of their physical relationship
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bowers v hardwick: Does the U.S. Constitution provide a fundamental right to engage in homosexual sodomy?
no
Only those fundamental liberties that are implicit in the concept of ORDERED LIBERTY or deeply rooted in the NATIONS HISTORY AND TRADTIONS may be considered fundamental constitutional rights deserving of heightened protection.
184
Windsor: does a state have the power to prohibit sodomy?
Two women, Edith Windsor and Thea Spyer, got married in Canada and then moved to New York, which recognized their marriage. When Spyer died, she left everything to Windsor. Windsor tried to claim a tax break for surviving spouses but was denied because of the Defense of Marriage Act (DOMA), which defines marriage as between a man and a woman. Windsor paid the taxes and then sued, saying the law was unconstitutional.
a federal law that doesn't include same-sex couples in the definition of marriage for federal benefits is not constitutional.
185
what is the griswold test for uneumerated rights (family resemblance test)
does the right fit within a family of related rights
186
obegerfell v hodges: do states have the power to exclude same sex couples from the defintion of marriage
Under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, states must issue marriage licenses and recognize lawful out-of-state marriages for same-sex couples.
187
glucksburg: is there a fundamental right to commit suicide?
There is no fundamental right to assisted suicide that is protected by the Due Process Clause.
188
describe the pre lochner era of substansive due process
via slaugterhouse
no substantive due process; police power prevails
sluagherhouse court didnt think 14th ammendment should limit the state's police power
189
describe the lochner era of sub due process
lochner and allgeyer
broader meaning of what liberty means, less deference to state police power and robust judical review
economic sub due process trumps police power
allgyer= liberty also means right to enter into ks
190
describe the fall of the lochner era
west coast
states police power makes a return
all asserted liberty interests are restrained by the health, safety, and general welfare interests that compromise due process
191
describe modern substanstive due process
us v carolne products fn 4 and willsioms lee
high deference to state police power and low judicial review
FN4: judiciaL review is not proper for mere naked claims of of a liberty violation unless its clear that there is no rational basis for congress judgment
192
what was the lochner era courts view on the commerce power?
see hammer (child laobor case) and schecter poultry (both bad law)
the no era; they dont think that the commerce clause gave congress the power to pass laws that got in the way of them being able to k
hammer -- can only regulate inherlty harmful goods and things of commerce and not manufacering (whcih proceeds commerce)
poultry: can only regulate commerce in the flow and only direct impacts on commerce
193
what was the post lochner era courts view on the commerce power (ie whats the new borader rule)
see NLRB and Darby (reversed hammer)
the yes era
NLRB: ends the direct/indrect effect dissection set in poultry
new rule: intrastate ACTIVITIES that have a substnatial and close relation to interstate commerce that their control is ESSENTIAL OR APPROPRIATE to protect that commerce from BURDENS OR OBSTRUCTIONS can be regulated
194
what are the three categories of commerce that can be reguated
channles
instrumntailites
substantial affect on commerce -- either in the aggregate, (wickard) economic(lopez) or activity(sebulis)
195
how do you know if something is a tax (which is allowed) vs unlawful penalty
remember the quack test
5 things and remember, the words used dont impact it; just because its labled as a tax doesnt make it a valid tax
1. tax can incentivize but it cant madate the behavior ie it needs to be low enough as to not coerce
2. tax is not structured like a criminal penaltiy
3. tax is administered and collected by the irs
4. failure to comply cant be treated as an unlwful act and no adverse consequenses other than having to pay the tax
5. tax does not burden fundamental rights
196
whats the main diff between the tax power and teh commerce power
ie why was ACA able to go through via the tax power and not commerce c;lause
the taxing powr can reach inactivity and are broader than the cc, BUT the cc has more teeth to it if you can meet the elements
taxing power also regulates the induviduals, cc has abilty to regualte state
197
what is the constiuonal disparte impact test - ie when a law is netural on its face
this cant be applied to private individuals
p must show the law had a disparte intent (high burden to meet, see feeny ie must have been adopted because of its dispproprtionate impact) AND
that it was adopted with a discriminatory intent -- see arlignton factors for what could mean intent
198
what is needed for cc to kick in after lopez
ECONOMIC ACTIVITY WITH SUBSTANTIAL EFFECT ON INTERSTATE COMMERCE
199
When is it an epc fact pattern
when the government treats a person differently based on that persons memebership in a specfic classification of people
200
what is a dp fact pattern
p is saying that the law is taking away some subtsantve liberty right they are owed
201
202
what is the state action requirement of the epc?
that the action is attributed to a state actor NOT PRIVATE INDIVIDUALS
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