Con Cases Flashcards
City of LA v. Lyons
couldn’t show a likelihood of future harm to seek an injunction of chokeholds by the police
Lujan v. Defenders of Wildlife
saying that all citizens suffered harm is too general and speculative and does not show a personal injury.
Mass v. EPA
the greenhouse gas emissions which Congress wasn’t regulating was shown to have a connection with the environmental damages caused by global warming so there’s causation
Allen v. Wright
the tax exemption leading to the injury of discrimination was too distant because it involved the actions of a third party (the school) needing to take place for there to be an injury
Abbott Labs v. Gardner
new rule for stating general drug name on packaging. case was ripe because there was a specific and present injury of either facing fines or paying for new packaging. No point in waiting for the injury to actually occur
Martin v Hunter’s Lessee
nature of this case involved a federal treaty so the supreme court had appellate jurisdiction under the express terms of the constitution.
Alden v. Maine
state and federal suits against a state by any individual or entity other than the federal government or another state is prohibited by the eleventh amendment
McCulloch
Congress has the power to charter banks since the power is necessary and proper to executing Congress’s enumerated powers to tax, borrow money, and regulate commerce
Geier
The state law requiring airbags conflicts with the federal law that is gradually phasing out airbag technology
Arizona v. US
state laws on immigration are preempted by conflict and field preemption.
US Term Limits v. Thornton
state-imposed term limits are invalid because the qualifications clause is exclusive and cannot be altered
Printz
Congress couldn’t compel state officials to participate in the administration of federal programs such as conducting background checks of prospective firearm purchases
Klein
congress cannot violate the separation of powers by creating new law to control the courts while a case is pending
NCAA
Cannot tell states what to do with sports gambling and how to legislate
Lopez
carrying a gun does not affect interstate commerce like buying and selling one
Gibbons v. Ogden
congress can regulate waterways of trade because it’s a channel of commerce
Heart of Atlanta Motel
racial discrimination in hotels has a substantial effect on interstate commerce. Hotels are also arguably an instrumentality of commerce.
Wickard
personal wheat growth has a substantial, negative effect on the price and sale of wheat which affects interstate commerce
Raich
Home-grown marijuana for medicinal use could have substantial effect on commerce because there is an illegal, interstate market
Morrison
sexual violence is not commercial and saying it affects education, women living in certain places and healthcare is too attenuated.
Sebelius (for commerce)
cannot force citizens to engage in commerce by requiring them to get health insurance
Reno v. Condon
Congress CAN prohibit harmful commercial activity by the states like prohibiting the sale of DMV lists with personal info
Philly v. NJ
cannot discriminate against letting out of state waste into landfills
Clinton v. Jones
the president is not immune from suits resulting from unofficial conduct like sexual harassment
West Lynn Creamery v. Healy
a tax on out-of-state dealers discriminates against them.
Exxon Corp v. Governor of Maryland
there was no discrimination because there were no in-state oil producers or refineries.
Hunt v. Washington State Apple Advertising Commission
facially neutral discrimination because all in state and out of state producers were required to use the same USDA labels. However, the locals benefitted because in state growers already used the labels and it would burden out of state growers by having to pay and change their labels to comply.
Dean Milk v. Madison
excludes milk from out of state which is discriminatory. There were less burdensome alternatives like enacting stricter inspection methods.
Southern Pacific v Arizona
Doesn’t discriminate on its face but is unduly burdensome for out of staters because not all states had this law so they would have to either avoid the state or disassemble their trains to comply with the car limit before entering
Kassel v. Consolidated Freightways
state law limiting the truck size only marginally furthered state safety while overly burdening interstate commerce by not allowing certain trucks to pass through the state.
Curtis-Wright
president has greater powers in foreign affairs
South Central Timber Development v. Wunnicke
Cannot act outside of their role as a market participant and start regulating.
Maine v. Taylor
upheld law finding there was no satisfactory way of screening for parasites in another way. (This is the furthers a legit state interest and no reasonable alternative example)
Sebelius (tax)
the individual mandate for not having health insurance was collected the same way a tax is collected and is paid to the IRS.
United building & CTC of Camden v. Camden
an ordinance required that at least 40% of employees of contractors and subcontractors working on city construction projects be city residents interfered with out of staters’ pursuit of employment.
Missouri v. Holland
act created by congress was necessary and proper ti carry out the treaty even if it interfered with right reserved to the states
INS v. Chadha
legislative veto provision was unconstitutional because it allowed congress to act without presentment
United States v. Nixon
subpoenaed tapes and documents and a generalized claim of privilege was not sufficient to overcome the need to produce all relevant evidence in a case.
Nixon v. Fitz
gerald
immune from civil liability for discharging an employee because it was a official act
Clinton v. NY
line item veto is not allowed
Dole
Loss of 5% from the federal highway fund if the state allowed persons under 21 to buy alcohol is not coercive
Dames & Moore
released American hostages with an agreement to refer all cases with Iran to a tribunal for settlement. Worked with congress based off their act so zone one
zivotofsky
statute was unconstitutional so the president’s action in zone 3 was constitutional
Trump v. Hawaii
restricting of entry of foreign nationals survived rational basis review because it was a facially legitimate policy to support national security. He was working with congress based on their act in zone one event though some tried to argue that it was in zone three and contradicting laws to not discriminate against immigrants based on their nationality.
Hamdi
American citizens are afforded due process rights
Hamdan
President can establish military commissions (tribunals) with congressional authorization
Boumediene
individuals must always have a way to challenge their detention whether through right to petition for habeas corpus or an adequate alternative
Morrison v. Olson
independent counsel is an inferior officer because the AG can remove them, powers are limited to specific investigation, jurisdiction is limited, and there are two year term limits
Humphrey
Couldn’t remove FTC commissioners because they also work under the exec. and leg. branches
