click below
click below
Normal Size Small Size show me how
ChampagneConLawExam2
Case | Precedent |
---|---|
Hamdi v. Rumsfeld | US Citizens can be detained as enemy combatants |
Boumedine v. Bush | US has ‘de facto sovereignty’ over Guantanamo Bay |
Cohens v. Virginia | Supreme court has supremacy even in state law criminal cases |
Coyle v. Smith | All states should be on “equal footing” |
Baldwin v. Montana Fish and Game Commission | Limits the power of the Privileges and Immunities clause |
Dred Scott v. Sandford | African Americans can’t be citizens, so can’t sue |
New York v. US | The “Take Title” provision exceeds Congress’s Commerce Clause authority |
Printz v. US | Federal Gov’t cannot draft State Police. Violations of “Unitary Executive Authority” are unconstitutional |
Alden v. Maine | Supreme court can’t require states to participate in civil suit |
Tennessee v. Lane | Congress can require states to make reasonable accommodations b/c of due process |
The Civil Rights Cases | Congress can’t use the 14th amendment to outlaw racial discrimination by private individuals & organizations |
Jones v. Alfred H Mayer Company | Congress can prohibit private acts of discrimination under the 13th amendment |
Gibbons v. Ogden | Power to regulate interstate commerce is vested in Congress by the Commerce Clause |
US v. EC Knight Company | The act of refining (sugar) was a local activity not subject to regulation by congress under interstate commerce |
Hammer v. Dagenhart | Child labor can’t be regulated under interstate commerce |
National Labor Relations Board v. Jones and Laughlin Steel Corp | Congress can regulate unions through interstate commerce b/c they’re closely related to interstate commerce |
Wickard v. Filburn | Cumulative effects test |
Heart of Atlanta Motel v. US | Commerce clause can be used to make private businesses to obey the Civil Rights Act of 1964 |
Garcia v. San Antonio Metro Transit Authority | Congress can use the Commerce Clause to enforce minimum wage & overtime pay laws (overturns Usery) |
US v. Lopez | Congress can’t use commerce clause to regulate handgun carrying, b/c the carrying of handguns didn’t affect the economy on a large scale. |
Gonzales v. Raich | Congress can criminalize intrastate marijuana b/c cumulative effects on the interstate market (opportunity to overturn Filburn, but didn’t) |
US v. Butler | State authority to tax can’t be used to accomplish unconstitutional goals |
US v. Kahriger | States can tax gambling as long as the state collects revenue from the tax. The penalty is a tax in its effect. Tax on bookies didn’t violate the 5th amendment self-incrimination protection (later overturned) |
South Dakota v. Dole | Federal government has freedom of spending as long as spending power isn’t used for coercion |
Arizona v. US | When states and the federal gov’t make laws in the same area, fed laws are supreme |
Cooley v. Board of Wardens | Federal authority under interstate commerce isn’t absolute; states can exercise the authority in some situations |
Southern Pacific v. Arizona | States can’t make laws that cause a significant burden to interstate commerce |
National Federation of Independent Business v. Sebalius | Individual mandate was constitutional, Medicare expansion was unconstitutional |