Poli Sci Andrew Clayton Exam 3 Review

What cases did we cover that involved the Spending Clause

South Dakota v. Dole

NFIB v. Sebelius

US v. Butler

What are some liberties not included in the Bill of Rights?

Habeus Corpus

No bill of attainder

No ex post facto laws

Trial by jury

According to Rehniquist, what are the restrictions on spending with the Spending Clause?

1. must be for the general welfare

2. the conditions attached must not be ambiguous

3. has to be related to the federal interest in particular national projects

4. conditions attached must not violate other constitutional provisions

What cases that we covered limited National Government power

US v. Lopez

NFIB v. Sebelius

Printz v. US

What other clause looks a lot like the Privileges and Immunities Clause in the 14th amendment?

Article 4, Section 2 (The Comity Clause)

In what year was Steward Machine Co. v. Davis?

1937

What clauses have been critical in the expansion of National Government Power?

-Commerce Clause

-Necessary and Proper Clause

Whats the upshot of the Slaughterhouse Cases?

It essentially abolished the Privileges and Immunities clause from being used to grant protections

What Amendment is involved in Barron v. Baltimore?

5th amendment (property without compensation)

According to Justice Miller in the Slaughterhouse Cases, what was the purpose of the 13, 14 and 15 amendments

Protection and freedom of newly emancipated black peoples.

What happened in McDonald v. Chicago?

Man wants to protect himself, but Chicago has a ban on handguns. McDonald gets the second amendment incorporated for the entire country, not just DC anymore from Heller.

What law was in question in Steward Machine Co v. Davis

Social Security Act

What's the main issue in Corfield v. Coryell

Privileges and Immunities Clause

Whats the main issue in NY v. US?

Tenth amendment and Commerce Clause

Who were the strongest proponents to having a Bill of Rights?

Anti-federalists and James Madison

What amendment gave rise to selective incorporation

14th amendment

Why is McDonald v. Chicago significant?

The decision incorporates the 2nd Amendment to all 50 states, not just DC.

What was the impact of the 14th amendment?

granted citizenship, equal protection, and due process

What is selective incorporation?

a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights

According to the Court in NFIB v. Sebelius, spending clause cases look a lot like what (sorry it's the best I can do)

coercion contracts

What were the reasons that the Anti-Federalists wanted a Bill of Rights

The anti-federalists wanted a Bill of Rights because they wanted to protect american civil liberties and ensure the national government did not enroach on those liberties

What does the court decide in Barron v. Baltimore

The court decided that the Bill of Rights applied only to the federal government and not the states

Where can one find a "truncated" Bill of Rights

Article 3 Sec 2 and Article 1 Sec 9

What is the Privileges and Immunities Clause also known as

The Comity Clause

Which clauses of the U.S. Constitution involve the relationships between and among the various states

Full Faith and Credit Clause (Article 4, Sec 1)

Privileges and Immunities Clause (Article 4, Sec 2)

Why were regulations of child labor shut down in the early 20th century?

They werent within Congress's power under the Commerce Clause

What is the Court's decision in NFIB v. Sebelius

The Court determined that the individual mandate was not valid under the Commerce Clause because Congress cannot use that power to require someone to buy health insurance. However, the Court did uphold it as a valid use of Congress' taxing power, treating the penalty for failure to purchase insurance as a tax.

What case did scholar Kurt Lash argue was correctly decided

Slaughterhouse Cases

According to Lash, what does the 14th Amendment do

protect the rights of state citizens that are specifically listed in the US constitution

What Supreme Court Justice was a total incorporation-guy

Justice Hugo Black

What's Palko v. CT famous for

Holding that double jeapordy was not a fundamental right and not incorporating it

Where does the right to privacy come from

implied in several amendments, 1st, 3rd, 4th, 5th, 9th and 14th amendments

What does Printz v. US deal with

Anti-commandeering

What court opinion talked about "penumbras"

Griswold v CT

What level of scrutiny does the court apply to abortion regulations after Roe (but before Casey)

Strict scrutiny

What does the dissent say in Griswold v. CT

Justice Black: It is not the job of the court to change with times

Justice Stewart: No precedent, it is also not in the amendments