Final Flashcards
Production was not commerce, and thus outside the power of Congress to regulate. And the regulation of production was reserved by the Tenth Amendment to the states. Keating-Owen child labor law is unconstitutional.
Hammer v. Dagenhart
Declared the National Labor Relations Act of 1935 constitutional. Steel company could not fire employees who were unionizing because it could have a significant effect on interstate commerce, because a majority of their products are transported out of state. Expansive understanding of the commerce clause.
NLRB v. Jones and Laughlin Steel
Declared the National Labor Relations Act of 1935 constitutional. Clothing company could not fire employees who were unionizing because it could have a significant effect on interstate commerce, because a majority of their products are transported out of state. Expansive understanding of the commerce clause.
NLRB v. Friedman Harry-Marks
Lumber company in violation of the FLSA. Overturns Hammer v. Dagenhart. Upheld the FLSA and determined that Congress has the power under the Commerce Clause to regulate employment conditions.
US v. Darby
Social Security Act imposed a federal tax on employers, however if the employers paid taxes to a state unemployment compensation fund, then the money could be used for a federal tax. THIS IS NOT A VIOLATION OF the 5th amendment or principles of federalism because it was uniformly imposed and did not coerce the states.
Steward Machine Co. v. Davis
The Social Security Act is constitutionally permissible as an exercise of federal power to spend for general welfare and does not go against the 10th amendment because it works for the public good.
Helvering v. Davis
Possession of a handgun near school is not an economic activity that has a substantial effect on interstate commerce. This is a criminal statute that does not relate to commerce or any sort of economic activity. How the commerce clause can be used is limited to channels, flow, and substantial affect on commerce.
US v. Lopez
Congress may attach reasonable conditions to funds disbursed to the states without running afoul of the Tenth Amendment. Congress has the authority to add conditions to federal highway funds that would incentivize increasing the state drinking age.
South Dakota v. Dole
The “take title” provision of the Low-level radioactive waste policy amendments act violates the tenth amendment and exceeds Congress’s power under the Commerce Clause. Congress is commandeering the state legislature to act in a certain way.
NY v. US
The Agricultural Adjustment act is an unconstitutional exercise of power. It exceeds government powers of tax and spend authority.
US v. Butler
The Agricultural Adjustment Act put a limit on excess tobacco production. This is constitutional under the commerce clause since it benefits the production of commerce.
Mulford v. Smith
The second Agricultural Adjustment Act said farmers could only produce a certain amount of wheat to put on the market. A farmer sold his amount of wheat, but kept the excess for himself and was penalized, so he sued. This was a tragedy of the commons issue, so Congress could regulate it.
Wickard v. Filburn
Congress did not unconstitutionally exceed its powers under the Commerce Clause by enacting Title II of the 1964 CRA which prohibited racial discrimination in public accommodations.
Heart of Atlanta Motel
Ollie’s BBQ. Court unanimously held that Congress acted within its power under the Commerce Clause in forbidding racial discrimination in restaurants because it poses a burden to interstate commerce.
Katzenbach v. McClung
Snack bar has food that comes from interstate commerce and is therefore a public accommodation and cannot discriminate based on race. ANYTHING THAT IS FOOD CAN BE ARGUED A PUBLIC ACCOMODATION
Daniel v. Paul
Consumer credit protection act placed restrictions on loan sharking. Loan sharking inherently affects interstate commerce. Congress was provided with reports which stated that these intrastate loan sharking activities were related to national organized crime efforts. TONY SOPRANO.
Perez v. US
Congress may ban the use of cannabis even if states approve its use for medicinal purposes.
Gonzales v. Raich
State constitutional provision prohibiting state from moving its capital city is unconstitutional. This was congressional overreach there must be some state power and they should be able to determine their own seat of government. PRINCIPLES OF STATE SOVEREIGNTY.
Coyle v. Smith
States cannot impose qualifications for prospective members stricter than those in the constitution. SUPREMACY CLAUSE. They don’t want states to be putting themselves at a disadvantage with state sovereignty. SENIORITY
US Term Limits v. Thornton
NH cannot make something public that is private because it violates their right to enter into a contract. CONTRACTS CLAUSE.
Dartmouth College v. Woodward
