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PS 371 > Final > Flashcards

Final Flashcards

1
Q

What is the background to National Labor Relations Board v. Jones & Laughlin Steel Corp (1937)?

A

-Congress passed the Wagner Act to force businesses to pay minimum wages and recognizes labor unions

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2
Q

What was the legal question in National Labor Relations Board v. Jones & Laughlin Steel Corp (1937)?

A

Was the Wagner Act constitutional under the commerce clause?

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3
Q

What was the decision in National Labor Relations Board v. Jones & Laughlin Steel Corp (1937)?

A

YES; the court abandoned their previous justification that unions had no direct relation to commerce; both are “completely integrated enterprises”

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4
Q

What is the background in Wickard v. Filburn (1942)?

A
  • The Agriculture Adjustment Act of 1938 penalized farmers who exceeded a certain quota of wheat (meant to stabilize price of wheat)
  • Filburn grew extra wheat, but didn’t sell it
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5
Q

What is the legal question in Wickard v. Filburn?

A

Does the AAA violate the Constitution bc Congress has no power to regulate commercial activities that are local in nature?

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6
Q

What was the decision in Wickard v. Filburn?

A

NO; all old tests are thrown out; substantial aggregate effect

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7
Q

What does substantial aggregate effect mean?

A

non commercial activity can be regulated if it can have a substantial effect in the aggregate

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8
Q

What was the background in Heart of Atlanta Motel, Inc. v. United States (1964)?

A

civil rights act of 1964 prohibits segregation in places of public accommodation, but the motel was not serving African Americans

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9
Q

What was the legal question in Heart of Atlanta Motel v United States?

A

Did Congress overstep by implementing civil rights act?

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10
Q

What was the decision in Heart of Atlanta Motel, Inc. v. United States (1964)?

A

NO; Congress could rationally claim that racial discrimination has a direct and substantial relation to the interstate flow of goods and people

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11
Q

What is the background to Steward Machine Co. v. Davis (1937)?

A

social security act of 1935 established payroll tax on employers designed to induce states to adopt laws for welfare payments (states could pay tax or or get a 90% tax credit if the state contributed to welfare programs)

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12
Q

What was the legal question in Steward Machine co. v. Davis?

A

did the act arbitrarily impose taxes in violation of the 5th and 10th amendment?

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13
Q

What was the decision in Steward Machine co. v. Davis?

A

NO; states were given the option to opt out, but the states not establishing their own unemployment benefit system was a burden on the federal government
-no coercion was involved bc states had choice to opt out

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14
Q

What was the background in South Dakota v. Dole (1987)?

A
  • congress passed an amendment to fed aid highway act which withheld highway funds from states that did not adopt a 21 year old drinking age
  • south dakota’s drinking age was 19 and claimed amendment violated 21st amendment
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15
Q

What was the legal question in South Dakota v Dole?

A

Did Congress exceed its spending powers or violate the 21st amendment?

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16
Q

What was the decision in South Dakota v. Dole?

A

NO; it satisfied the 4 conditions of spending

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17
Q

What are the 4 conditions of spending outlined in South Dakota v Dole?

A
  • must be for general welfare
  • must have clear statement of standard
  • condition must be germane to federal interest in national project/program
  • may not induce states to do unconstitutional activities
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18
Q

What was the most notable result of United States v. Carolene Products (1938)?

A

Justice Stone’s footnote

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19
Q

What did Justice stone write in his 1938 footnote?

A

SCOTUS will never be as forgiving if the issue is in DIRECT violation of the Constitution (specific prohibition)
-cases regarding prejudice against minorities would lead SCOTUS to stronger scrutiny

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20
Q

What did Justice Stone’s fourth footnote suggest SCOTUS have justifiable reasons to be strict when laws interfere with what?

A

1- rights that are “specific prohibition of the Constitution”
2-rights to “political processes”
3- rights of “discrete and insular minorities”

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21
Q

What was the legal question in Cooper v Aaron (1958)?

A

Were Arkansas officials bound by the court to desegregate?

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22
Q

What was the decision in Cooper v Aaron (1958)?

A

YES; -made case using Marbury v. Madison; SCOTUS’ job to say what the law is
-SCOTUS possesses final say and binds all government officials and all who are not party to its ruling

23
Q

What is the background to Youngstown Sheet & Tube Co. v. Sawyer (1952)?

A

During the Korean War, steel workers went on strike, leading President Truman to seize the steel mills to make sure production kept up with war needs

24
Q

What was the legal question in Youngstown Sheet & Tube Co. v. Sawyer (1952)?

A

Did the president have the constitutional authority to seize and operate the steel mills?

25
Q

What was the decision in Youngstown Sheet & Tube Co. v. Sawyer (1952)?

A

NO, the Constitution does not authorize the action; the decision was based on strict textualism

26
Q

What are the three categories of presidential authority?

A
  • if president is acting in accordance with congressional mandate then he has all the power the Constitution can offer
  • if the President is acting in defiance of congressional mandate then authority is heavily limited and must be carefully scrutinized
  • if the President acts when Congress is silent then authority is determined on a case by case basis
27
Q

What is the background to Immigration and Naturalization Service v. Chadha (1983)?

A

-immigration and nationality act allows Attorney General to suspend deportation of immigrants, which can be vetoed by either chamber

28
Q

What is the legal question in Immigration and Naturalization Service v. Chadha (1983)?

A

Did the Immigration and Nationality Act violate the separation of powers?

29
Q

What was the decision in Immigration and Naturalization Service v. Chadha (1983)?

A

YES; one-chamber legislative veto of executive actions violates the presentment and bicameral clauses; lawmaking power is clearly divided between house and senate, which requires the participation of both chambers

30
Q

What is the background to Clinton v. City of New York (1998)?

A

Congress proposed two bills, of which President Clinton used the line item veto to reject certain provisions

31
Q

What is the legal question in Clinton v. City of New York (1998)?

A

Did the president’s ability to selectively cancel individual portions of the bill violate the presentment clause of Article 1?

32
Q

What was the decision in Clinton v. City of New York (1998)?

A

YES; legislation that satisfies the presentment clause can only be rejected or approved by the president in its entirety

33
Q

What are the implications of Clinton v. City of New York?

A

the court’s attitudes towards federal powers are determined by who is controlling what branch at what time

34
Q

What is the background to United States v. Lopez (1995)?

A

-Congress passes Gun-free School Zones Act forbidding individuals from knowingly carrying an unsecured firearm in a school zone

35
Q

What was the legal question in United States v. Lopez (1995)?

A

does the act exceed Congress’ power under commerce clause?

36
Q

What was the decision in United States v. Lopez (1995)?

A

YES

  • economic v non economic activity
  • possession of gun in school zone is in no sense an economic activity
  • Kennedy’s concurrence: law violates federalism (10th amendment)
37
Q

What was the background to United States v. Morrison (2000)?

A

-Violence Against Women Act (1994) to counteract crime that involves “violence motivated by gender” allows victims of domestic violence to sue in federal court

38
Q

What is the legal question in United States v. Morrison (2000)?

A

Does congress have authority to pass the act under the 14th amendment or commerce clause?

39
Q

What was the decision in United States v. Morrison (2000)?

A

NO

  • congress cannot regulate “noneconomic, criminal conduct based on the effect on aggregate interstate commerce”
  • substantial aggregate effects test applies only to economic activity
  • non economic activities include “areas of traditional state regulation”
40
Q

What is the background of Garcia v. San Antonio Metropolitan Transit Authority et al. (1985)?

A
  • SCOTUS previously decided that any law extending maximum hour and minimum wage to state and local government employees violated the 10th amendment
  • case involved a dispute over these standards for local transit authority imposed by the Fair Labor Standards Act
41
Q

What is the legal question in Garcia v. San Antonio Metropolitan Transit Authority et al. (1985)?

A

Did the principles of federalism make the SAMTA immune from the Fair Labor Standards Act?

42
Q

What was the decision in Garcia v. San Antonio Metropolitan Transit Authority et al. (1985)?

A

NO; functionalist response

  • functionalist defense of federalism: process federalism, the Constitution creates a structure that guarantees state interests will be reflected in the Constitution
  • formalist defense of federalism: judicially enforced federalism, the Constitution sets clear boundaries between federal and state authority that is enforced by the courts
43
Q

What is the background of Printz v. United States (1997)?

A

-Brady Bill required law enforcement to run background checks on prospective gun buyers, which was meant to be temporary until federal background check laws were in place

44
Q

What is the legal question in Printz v. United States (1997)?

A

Can Congress require state law enforcement authorities to regulate handgun purchases by performing those duties called for by federal law?

45
Q

What is the decision in Printz v. United States (1997)?

A

NO; federal commandeering violates federalism and the separation of powers; the supremacy clause requires states to recognize and apply federal law, but says nothing about implementing it
-grounded in 18th century understanding of American politics

46
Q

What is the background of Hamdi v. Rumsfeld (2004)?

A

congress allowed president to do whatever they need to curb terrorism; Hamdi locked up in military court with no due process

47
Q

What is the legal question in Hamdi v. Rumsfeld (2004)?

A

Did Congress authorize the detention of Hamdi? Did the gov’t violate Hamdi’s due process right?

48
Q

What is the decision in Hamdi v. Rumsfeld (2004)?

A

Congress authorized the president the power to detain persons engaged in war; however, Hamdi has due process and guarantees Hamdi the right to contest his detention

49
Q

What are the implications of Hamdi v. Rumsfeld?

A

many constitutions have provision for what an emergency is and when it ends; the US Constitution does not have that, so there are over 50 emergencies still occurring
-the problem is that it normalizes emergencies; the president is allowed lots of discretion

50
Q

What is the background of National Federation of Independent Business v. Sebelius (2012)?

A

-individual mandate of ACA required all uninsured to purchase minimum health insurance, and demanded states to expand Medicaid coverage to everyone above 133% of the poverty line

51
Q

What are the two legal questions in National Federation of Independent Business v. Sebelius (2012)?

A

Does Congress have the power under the Commerce Clause to require uninsured people to buy health insurance?
Did Congress exceed its powers when it pressures states accepting conditions to expand Medicaid by withholding existing federal funds?

52
Q

What were the decisions in National Federation of Independent Business v. Sebelius (2012)?

A

(mandate question):NO; mandate is not a valid exercise of Congress’ power to regulate commerce, but it is a valid exercise of taxation; claims payment is not a penalty because it is not enough to be coercive

(Medicaid question): YES; expansion is unconstitutional because it is unduly coercive

53
Q

What are the implications in National Federation of Independent Business v. Sebelius (2012)?

A

critical blow to the new deal; first time since South Dakota v. Dole that the court curbed spending powers

PS 371 (3 decks)

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