Facts and Rules Flashcards
Marsh v. Alabama
Gulf Shipping Corp. owned Chickasaw, AL, a suburb that looked like any other government-run suburb. Appellant distributed religious literature after being warned not to and was arrested for trespass. Appellant said the town was infringing on her 1st and 14th Amendment rights. Alabama argued that because the town was owned by Gulf, it had the right to abridge freedoms.
Marsh v. Alabama
States cannot let companies that owned towns to institute rules that curtail people’s Constitutional rights.
Amalgamated Food Employees Union v. Logan Valley Plaza, Inc.
A union wanted to picket an employer in a plaza. The Court applied Marsh to rule that the shopping center was a state actor and thus had to allow a union to picket its employer
Lloyd Corp. v. Tanner
People wanted to picket against the Vietnam War. The court ruled that the shopping center was not a state actor. In Logan Valley, the picketing had to be done on private property to be effective. Here, the picketing was not related to the mall’s functions.
Hudgens v. NLRB
The facts were similar to Logan Valley, but Lloyd overruled that case so the shopping center was not a state actor.
Manhattan Community Access Corp. v. Halleck
MNN operated TW’s public channels. Two people made a film about MNN’s neglect of some service errors and MNN suspended them. They sued under the 1st Amendment, claiming that MNN exercises a traditional, exclusive public action.
Manhattan Community Access Corp. v. Halleck
A private company becomes a state entity only when it performs a traditional, exclusive, public functions.
United States v. Butler
The spending power is not confined to Congress’s enumerated in Article I Section 8 and therefore “not limited by the direct grants of legislative power found in the Constitution.” Dole limits this.
Sonzinsky v. United States
The National Firearms Act placed a $200 yearly tax on gun dealers, a $500 yearly tax on importers and manufacturers, and a $200 on each $200 tax on each transfer of firearm. Petitioner claimed it was a penalty for dealing in certain guns
Sonzinsky v. United States
An Act by Congress that is on its face a tax is constitutional even if it results in a burden on the thing taxed
National Federation of Independent Business v. Sebelius
Tax
The ACA’s taxing people who refused to buy insurance as a “shared responsibility payment” was constitutional under the taxing power because it would be less expensive than buying insurance, it didn’t require people to intentionally not buy insurance, and the payment was collected by the IRS like any tax. It didn’t matter that Congress was trying to influence behavior
South Dakota v. Dole
South Dakota allowed people 19 years old or older to buy beer. When Congress passed 23 U.S.C. § 158, South Dakota sued saying the law went past the limits of the spending power and violated the 21st Amendment, which gave states the power to regulate alcohol.
South Dakota v. Dole
Congress may condition the receipt of federal funds if
- the condition relates to the general welfare,
- is clear,
- is related to a federal project or program,
- and does not violate other parts of the Constitution.
National Federation of Independent Business v. Sebelius
Expanded Medicaid Eligibility
The ACA expanded Medicaid eligibility and offered more money to states that agreed to the expansion but conditioned ALL Medicaid funding on adopting the expansion.
National Federation of Independent Business v. Sebelius
Congress may not coerce states into accepting federal law.
Commandeering
The federal government using states government to enforce federal law
Maryland v. Wirtz
Plaintiffs wanted the court to enjoin the defendant from enforcing the federal minimum wage in schools and hospitals.
Maryland v. Wirtz
The scope of the Commerce Clause extends to significant economic state-run enterprises such as hospitals and schools.
National League of Cities v. Usery
Plaintiffs challenged Congress’s amendments to the Fair Labor Standards Act that would make the law apply to state government employers. The Tenth Amendment gives states the power to control intrastate functions. Allowing Congress to control government employers would increase labor expenses, force them to cut back on training and other programs to comply with the FLSA’s wages, and would take away the states’ discretion in many areas of government employment.
National League of Cities v. Usery
The Fair Labor Standards Act as applied to state employers is unconstitutional as a violation of the Tenth Amendment. This overturned Wirtz.
Garcia v. San Antonio Metropolitan Transit Authority
The Wage and Hour Administration of the United States Department of Labor said SAMTA could be regulated by the FLSA because it didn’t perform a traditional government function.
Congress has the constitutional authority to regulate the wages and hours of state employees under the Commerce Clause. States “retain a significant measure of sovereign authority…only to the extent that the Constitution has not divested them of their original powers and transferred those powers to the Federal Government.” (pg. 686)
New York v. United States
Congress passed the Low-Level Radioactive Waste Policy Amendments Act of 1985, which required states to create facilities to dispose of the radioactive waste generated in the states and provided incentives for states to do so:
- Congress let states with disposal sites charge a surcharge to process waste from states without a disposal system, part of which is collected by the Secretary of Energy and disbursed to states that develop waste disposal sites,
- allowing states that had disposal sites to charge “progressively higher fees to process” waste from states without a disposal system and eventually stop allowing states without disposal sites from using theirs, and
- a take title provision which required states, if asked, to take title of waste generators made and pay damages to the generators for any harm resulting from the state not taking title.
Petitioners sued under the Guarantee Clause and the Tenth Amendment saying Congress couldn’t direct state regulation of radioactive waste disposal.
New York v. United States
Congress may not compel states enact and enforce a federal regulatory program.
Printz v. United States
The Brady Handgun Violence Prevention Act required everyone who wanted to buy a gun to have a background check and required state police to do them until a federal system was set up
Congress may not compel state officials to participate in the administration of federal programs.
Reno v. Condon
Congress may regulate states’ activities, using its Commerce Clause powers, provided that the regulation does not require the state to enact any laws or regulations and does not require state officials to assist in the enforcement of federal statutes regulating private individuals. Congress passed the Driver’s Privacy Protection Act to prevent DMVs and private entities from selling people’s personal information. Plaintiffs sued saying the act violated the Tenth and Eleventh Amendments. The Court said personal information was an article of interstate commerce and so within Congress’s Commerce Clause Power.
Testa v. Katt
A state court may not refuse to enforce federal law. A section of the Emergency Price Control Act said a suit under it could be brought under any court. The Supreme Court of Rhode Island said it couldn’t award damages because it was a “foreign” “penal” law. SCOTUS said when Congress passes a law, it applies to all states and people. This comes from the Supremacy Clause rather than commandeering.
Two-Step Analysis of Interstate Privileges and Immunities
- The court asks whether a state discriminated against out-of-staters with regard to “‘privileges’ and ‘immunities’ bearing upon the vitality of the Nation as a single entity.”
- If it has, the court then asks whether the state has a good reason for the discrimination, and whether the discrimination closely fits the asserted justification.
Supreme Court of New Hampshire v. Piper
Piper lived near the Vermont/ New Hampshire border. She qualified for, took and passed the NH bar exam with the intention of becoming a New Hampshire resident, but then found becoming a resident would be difficult because of personal matters. Her petition to waive the residency rule was denied.
Supreme Court of New Hampshire v. Piper
States must have a substantial reason for discriminating against noncitizens and the discrimination must have a substantial relationship to the state’s objective.
Examples of Rights Protected by the Privileges and Immunities Clause
- The right of a citizen of one state to pass through, or to reside in any other state, for purposes of trade, agriculture, professional pursuits, or otherwise
- To claim the benefit of the writ of habeas corpus
- To institute and maintain actions of any kind in the courts of the state
- To take, hold and dispose of property, either real or personal.
Express Preemption
The statute states that the federal law preempts the state law.
Implied Field Preemption
The federal law is so pervasive that Congress left no room for state legislation. [“congressional intent to occupy an entire field”] Gade dissent (pg. 671)
Implied Conflict Preemption
There’s no physical way to comply with both the federal and state law, or the state law is an obstacle to the full accomplishment of the federal law.
Gade v. National Solid Wastes Management Association
The National Solid Wastes Management Association sought to enjoin IL from enforcing the licensing acts claiming that OSHA preempted them. The OSH Act’s goal was to protect workers and the licensing acts were meant to protect workers and the general public
Gade v. National Solid Wastes Management Association
State law regulating occupational health and safety issues that are not approved by the Secretary of Labor are preempted by the OSA Act, even if they serve more than one purpose.
United States v. Lopez
Congress made a law making it illegal to carry guns on school grounds. Defendant challenged the law, saying it exceeded the power of the Commerce Clause.
It was unconstitutional for Congress to enact the Gun-Free School Zone under the Commerce Clause.
United States v. Morrison
Congress passed a law giving gender-abuse victims a federal cause of action. It found that this type of violence affected interstate commerce by raising insurance costs and discouraging migration into areas known for this kind of violence
United States v. Morrison
Even if Congress finds a non-economic law would affect interstate commerce, Congress does not have authority under the Commerce Clause to regulate non-economic activity
Gonzales v. Raich
Two people wanted to use medical marijuana as prescribed by their doctor. One grew her own; the other got it from a third party for free. Respondents argue that the Controlled Substance Act went beyond Congress’s power under the Commerce Clause by banning intrastate manufacturing and possession of medical marijuana
Gonzales v. Raich
The Commerce Clause allows Congress to prohibit the growth and use of marijuana because, as a whole, it’s a substantial economic activity.
National Federation of Independent Business v. Sebelius
Commerce Clause
The Affordable Care Act’s individual insurance mandate was unconstitutional under the Commerce Clause because Congress can’t compel people to enter the market and under the Necessary and Proper Clause because it was not related to an enumerated power. (A tax law made it constitutional.)
Commerce Clause Analysis
- Authorities
- The Commerce Clause (Article I, § 8, cl. 3)
- Gibbins v. Ogden
- United States v. Lopez
- Other Cases
- Analogize/distinguish facts
- Use rational basis to interpret the “substantial effects” test
- Understand the relative significance of the different facts and legal elements
National Labor Relations Board v. Jones Laughlin Steel Corp.
Jones fired employees for trying to unionize. The NLRB charged respondent with discrimination and coercion and ordered it to stop because it was affecting interstate commerce. Jones was a huge company that operated across state lines
National Labor Relations Board v. Jones Laughlin Steel Corp.
Congress can regulate labor relations because they have a substantial effect on interstate commerce.
United States v. Darby
The Fair Labor Standards Act set a minimum wage of 25 cents an hour and a max 44 hour work week, allowing overtime with more pay, for employees who worked in interstate commerce or produced goods for it. The act also required employers to keep records of this data. Appellee was charged with violating this.
United States v. Darby
Congress has the power to regulate working standards that affect interstate commerce and to exclude any article that was made by employers violating those standards from interstate commerce.
Wickard v. Filburn
The Agriculture Adjustment Act limited the areas on which farmers could grow wheat in an effort to stabilize the national price of wheat. The appellee grew too much wheat, refused to pay the fine and challenged the constitutionality of the law.
Wickard v. Filburn
Congress may regulate the intrastate activity if the activity has a substantial effect on interstate commerce
