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Political Science FINAL CLAYTON
Terms in this set (70)
What cases did we cover that involved the Spending Clause
South Dakota v. Dole
NFIB v. Sebelius
United States v. Butler
What are some liberties that are not protected in the Bill of Rights
The Ninth Amendment states, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This means that the rights citizens are not limited by those listed in the Constitution.
According to Rehnquist, what are the restrictions on spending when the Spending Clause is in question
Congress' use of conditional spending has four limits:
1. Spending must be for "general welfare"
2. Conditions placed on spending granted to states must be clear and unambiguous
3. Conditions must be germane to specific spending project
4. Conditions must not be coercive
What cases that we covered limited National Government power
United States v Lopez
What other clause looks a lot like the Privileges or Immunities Clause in the 14th Amendment
In what year was Steward Machine Co v. Davis
What clause(s) has been critical in the expansion of National Government power
What's the upshot of the Slaughterhouse Cases
that courts moved to using the due process clause more than the privileges and immunity clause. Because of the ruling on the slaughter house cases the supreme courts and courts slowly started uses the due process clause instead to Grant protections
What Amendment is involved in Barron v. Baltimore
According to Justice Miller in the Slaughterhouse Cases, what was the purpose of the 13, 14 and 15 amendments
-The Fourteenth Amendment protects the privileges and immunities of citizenship of the United States, not privileges and immunities of citizenship of a state.
- First, the Court maintained that the Thirteenth Amendment (outlawing slavery), Fourteenth Amendment (protecting citizenship rights and liberties), and Fifteenth Amendment (enfranchising ex-slaves) were passed with the narrow intent to grant full equality to "the slave race." Thus, to the Court, the Fourteenth Amendment only banned the states from depriving blacks of equal rights as a racial group; it did not guarantee that all citizens, regardless of their race, should receive equal economic privileges by the state. Second, the Court argued that the butchers bringing suit were not deprived of their property without due process of law because they could still earn a legal living in the area by slaughtering on the Crescent City Company grounds. The Court thus ruled that the Louisiana law was constitutional and allowed the New Orleans butcher plan to go forward.
-Upshot was Louisiana grantee a 25 year monopoly on the slaughterhouse to protect people's health
But down shot was it weakened 14 the amendment protection to slaves
What happened in McDonald v. Chicago
McDonald v. City of Chicago, case in which on June 28, 2010, the U.S. Supreme Court ruled (5-4) that the Second Amendment to the U.S. Constitution, which guarantees "the right of the people to keep and bear Arms," applies to state and local governments as well as to the federal government.
What law was in question in Steward Machine Co v. Davis
social security act
What's the main issue in Corfield v. Coryell
Decision. The most-cited aspect of Corfield v. Coryell is Justice Washington's listing of the "privileges and immunities" enjoyed by citizens of the United States: The inquiry is, what are the privileges and immunities of citizens in the several states?
What's the main issue in NY v. US (mentioned in several cases)
New York v. United States, 505 U.S. 144 (1992), was a decision of the United States Supreme Court. Justice Sandra Day O'Connor, writing for the majority, found that the "Take Title" provision of the Low-Level Radioactive Waste Policy Amendments Act of 1985 exceeded Congress's power under the COMMERCE CLAUSE
Who were the strongest proponents to having a Bill of Rights
co-wrote the Federalist Papers and sponsored the Bill of Rights. He established the Democrat-Republican Party with President Thomas Jefferson, and became president himself in 1808.
Understand what is protected by the Bill of Rights, I will ask what is not covered from a short list
MEMORIZE 1-10 amendments
What amendment gave rise to selective incorporation
14th Amendment: The incorporation doctrine is a constitutional doctrine through which 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.
Why is McDonald v. Chicago significant
the U.S. Supreme Court ruled (5-4) that the Second Amendment to the U.S. Constitution, which guarantees "the right of the people to keep and bear Arms," applies to state and local governments as well as to the federal government.
What is the impact of the 14th Amendment
14th amendment transformed American democracy. Ratified 150 years ago, the 14th Amendment to the U.S. Constitution has safeguarded Americans for generations. Through its due process and equal protection guarantees, the amendment helped protect and promote the rights of all individuals.
BIG SPECIFIC IMPACT: Gave rights to slaves who were naturally born here, and was part of the 13-15 big civil war amendments
What is selective incorporation
Selective incorporation is not a law, but has been established over time through court cases and rulings by the United States Supreme Court. At its heart, selective incorporation is about the ability of the federal government to limit the states' lawmaking powers.
LIMIT STATES LAWMAKING POWERS*
According to the Court in NFIB v. Sebelius, spending clause cases look a lot like what (sorry it's the best I can do)
-spending clause: The Taxing and Spending Clause (which contains provisions known as the General Welfare Clause) and the Uniformity Clause, Article I, Section 8, Clause 1 of the United States Constitution, grants the federal government of the United States its power of taxation.
-In the case, it says that the IRS has the ability to TAX people who do not purchase health care in the United States, does that violate the Spending Clause rules?
-Does Congress have the power to require most Americans to purchase health insurance under it's authority to "regulate commerce"
What were the reasons that the Anti-Federalists wanted a Bill of Rights
Anti-Federalists held that a bill of rights was necessary to safeguard individual liberty.
What does the court decide in Barron v. Baltimore
Does the Fifth Amendment deny the states as well as the national government the right to take private property for public use without justly compensating the property's owner?
Answer= NO! The Court announced its decision in this case without even hearing the arguments of the City of Baltimore. Writing for the unanimous Court, Chief Justice Marshall found that the limitations on government articulated in the Fifth Amendment were specifically intended to limit the powers of the national government. Citing the intent of the framers and the development of the Bill of Rights as an exclusive check on the government in Washington D.C., Marshall argued that the Supreme Court had no jurisdiction in this case since the Fifth Amendment was not applicable to the states.
-Because of the ruling in Barron V. Baltimore, the United States Supreme Court established that a individual citizen's property was not susceptible to the regulation of the 5th Amendment.
Where can one find a "truncated" Bill of Rights????
Know cases well enough to match quotes to case names
...... watch videos for them
-see famous quotes
-important quotes that go with the case
What is the Privileges and Immunities Clause also known as
What clauses in the Constitution involve relationships between states and their citizens?????
entitled to all Privileges and Immunities of Citizens in the several States
Why were regulations of child labor shut down in the early 20th century
Many laws restricting child labor were passed as part of the progressive reform movement of this period. ... Congress passed such laws in 1916 and 1918, but the Supreme Court declared them unconstitutional. The opponents of child labor then sought a constitutional amendment authorizing federal child labor legislation.
******Although the Keating-Owen Act was passed by Congress and signed into law by President Woodrow Wilson, the Supreme Court ruled that it was unconstitutional in Hammer v. Dagenhart 247 U.S. 251 (1918) because it overstepped the purpose of the government's powers to regulate interstate commerce
What is the Court's decision in NFIB v. Sebelius
commerce is wrong because it has to regulate something existing, but taxation is valid because it isn't a command (function, not label); medicaid expansion is unconstitutional because coercion
What case did scholar Kurt Lash argue was correctly decided
Slaughterhouse case with the ruling of the 14th Amendment
According to Lash, what does the 14th Amendment do
Overruled is wrong because it argues that the Privileges or Immunities Clause of the 14th Amendment was originally understood to protect unenumerated economic rights from state infringement. As Lash sees it, the Privileges or Immunities Clause should not protect unenumerated rights under any circumstances. Instead, according to Lash, the clause should only be read to protect those rights that are specifically listed elsewhere in the Constitution, such as the rights spelled out in the first eight amendments.
What is Abraham Lincoln talking about in the Lyceum Address
In this speech, Lincoln spoke about the dangers of slavery in the United States, as the institution could corrupt the federal government.
What Supreme Court Justice was a total incorporation-guy
John Marshall Harlan
What's Palko v. CT famous for
The 1937 United States Supreme Court ruling Palko v. Connecticut is important because it established that the protection against double jeopardy
Where does the right to privacy come from
Several Amendments : INCLUDING 14th... The right to privacy is alluded to in the Fourth Amendment to the US Constitution, which states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath ...
What does Roe v. Wade do in terms of the right to privacy
The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment.
Look back over the Forgotten Doctrine of the Enumerated Powers
What does Printz v. US deal with
Printz v. United States, 521 U.S. 898 (1997), was a United States Supreme Court case in which the Court held that certain interim provisions of the Brady Handgun Violence Prevention Act violated the Tenth Amendment to the United States Constitution.
the right of a prisoner to challenge terms of his or her imprisonment before a judge
something like exists in fact, if not in law
the official power to make legal decisions and judgments, a certain court to hear a case
reviews decisions of lower courts to determine if a significant error of law was made during trial
A series of post-Civil War Supreme Court cases containing the first judicial pronouncements on the 13th, 14th, and 15th Amendments.
The Court held that these amendments had been adopted solely to protect the rights of freed blacks, and could not be extended to guarantee the civil rights of other citizens against deprivations of due process by state governments. These rulings were disapproved by later decisions.
NFIB v. Sebelius
In 2012, the Supreme Court ruled that the federal government had the authority to require that individuals purchase health insurance because Congress had the authority to levy taxes. (p. 692)
Barron v. Baltimore
The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.
Palko v. Connecticut (1937)
Provided test for determining which parts of Bill of Rights should be federalized - those which are implicitly or explicitly necessary for liberty to exist.
13, 14, 15 Amendments
13- officially abolished slavery, prohibits invol. servitude
14- ensure rights of free slaves, granted citizenship to freedmen, due process of law and right to vote
15 - voting rights to all citizens except women
NY v. US (1992)
10TH AMENDMENT & COMMERCE POWER
First of the cases where SCOTUS said that Congress went too far. Invalidated the "take title" provision, finding that the power of Congress to order a state to enact a law was not a power conferred on Congress through the commerce clause.
If congress wants to regulate radioactive waste in a particular way, it can (1) regulate directly and take accountability, (2) reward states with monetary grants, (3) let states prohibit the importation of radioactive waste from states that don't meet the federal safety guidelines.
Vertical separation of powers problem
Corfield v. Coryell (1823)
privileges and immunities include writ of habeas corpus, ability to reside in or pass through state for professional, agricultural, or trade purposes, and ability to 'take, hold, and dispose of property'
Steward Machine Co. v. Davis (1937)
Facts: Involved federal taxing structure which was designed to induce states to adopt laws complying with federal standards. Part of the Social Security Act of 1935 imposed a payroll tax on employers of 8 or more (tax went into general funds unlike "earmarked" tax in Butler). A credit provision in the tax sought to induce enactment of state laws that complied with federal standards. The employer could get a credit of up to 90% of the federal tax for contributions to a state unemployment fund that met requirements of the Act. Steward Machine sought a refund of taxes paid to federal government.
Holding: Court upheld provision of the Act.
1. He said that unemployment was a federal problem; and he pointed to failure of the states - "states were unable to give the requisite relief" 2. He further said there was no coercion, and distinguished coercion from motive.
3. Distinguished from the Butler decision, mainly that it is not linked to an "irrevocable agreement" meaning the state can get out whenever it wants, so not a binding contract.
McDonald v. Chicago (2010)
The Second Amendment that allows the people to keep and bear arms applies to state governments as well as the federal one
Roe v. Wade (1973)
(Burger) Certain state criminal abortion laws violate the Due Process clause of the 14th Amendment, which protects against state action the (implied) right to privacy in the Bill of Rights (9th amendment). Abortion cannot be banned in the 1st trimester (1st 3 months), states can regulate the 2nd trimester, 3rd trimester - abortion is illegal except to save the life of the mother
SAYS... rights to privacy 'implies and prohibits states from outlawing abortion", showing that it is the mothers privacy and or body
Due Process Clause
part of the 14th Amendment which guarantees that no state deny basic rights to its people
14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
Forgotten Doctrine of Enumerated Powers
Section 8 begins the enumerated powers of the federal government delegated to Congress. The first is the power to tax and to spend the money raised by taxes, to provide for the nation's defense and general welfare. This section was supplemented by the 16th amendment, which permitted Congress to levy an income tax.
examples of the 30 powers of congress:
1. To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
2. To borrow Money on the credit of the United States;
3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
constitutional provision that gives congress the power to collect taxes to provide for the general welfare (What is Article 1 Section 8 of the Constitution, Clause 1)
The powers explicitly given to Congress in the Constitution.
McCulloch v. Maryland
Supreme Court ruling (1819) confirming the supremacy of national over state government
-stating that congress has certain implied powers
Court of Appeals for the Federal Circuit
A U.S. Court of Appeals in Washington DC, that has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade.
In the Lyceum Address, Lincoln suggests that America's success as a nation isn't terribly surprising.
The Bill of Rights protects
individual rights and liberties. To list specific rights not spelled out in the Constitution: to create power boundaries. The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. Proposed to assuage the fears of Anti-Federalists
Social Security Act
(FDR) 1935, guaranteed retirement payments for enrolled workers beginning at age 65; set up federal-state system of unemployment insurance and care for dependent mothers and children, the handicapped, and public health
Planned Parenthood v. Casey
A 1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to one of "undue burden" that permits considerably more regulation.
Lochner v. New York
(1905) This supreme court case debated whether or not New York state violated the liberty of the fourteenth amendment which allowed Lochner to regulate his business when he made a contract. The specific contract Lochner made violated the New York statute which stated that bakers could not work more than 60 hours per week, and more than 10 hours per day. Ultimately, it was ruled that the New York State law was invalid, and interfered with the freedom of contract.
Powers of Congress
Collect taxes, borrow money, regulate commerce with other nations, coin money, declare war, control armed forces, make necessary laws.
Powers of the President
1. commander in chief 2,. sign a bill (to make it a law) 3. pocket veto-(bill that is brought up within the last 10 days of congressional session, and pres. ignores it) 5. power of foreign policy (diplomatic recognition-power to send and receive ambassadors 6. power of appointment 7. pardon 8. required to give a state of union message
Washington v. Glucksberg
This 1997 Supreme Court case held that the right to privacy protected by the 14th Amendment Due Process Clause does NOT include the right to assisted suicide ("euthanasia"). Three states currently allow assisted suicide. It is a serious crime everywhere else.
"not apart of our customs"
substantial due process
Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.
Vertical Separation of Powers
between federal and state governments
A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal
South Dakota v. Dole (1987)
In a 7-to-2 decision, the Court held that Congress, acting indirectly to encourage uniformity in states' drinking ages, was within constitutional bounds. The Court found that the legislation was in pursuit of "the general welfare," and that the means chosen to do so were reasonable. The Court also held that the Twenty-first Amendment's limitations on spending power were not prohibitions on congressional attempts to achieve federal objectives indirectly. The five percent loss of highway funds was not unduly coercive.
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