exam 3 clayton

spending clause cases

US v Butler, Steward Machine Co. v Davis, South Dakota v Dole, NFIB v Sebelius

According to Rehnquist, what are the restrictions on spending when the Spending Clause is in question?

1. must be in pursuit of the general welfare

2. unambiguous conditions

3. must be related to a national project

4. can be no independent constitutional bar

What is the Court’s decision in NFIB v. Sebelius?

The Supreme Court upheld the Affordable Care Act (ACA) in a 5-4 ruling. The Court found that the ACA's Medicaid expansion provision, which threatened states with the loss of existing Medicaid funding if they did not participate, was unconstitutionally coercive.

According to the Court in NFIB v. Sebelius, spending clause cases look a lot like what?

contracts

In what year was Steward Machine Co v. Davis?

1937

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

the social security act (1935)

Commerce Clause cases

Hammer v Dagenhart, NLRB v Jones and Laughlin, Wickard v Filburn, US v Lopez

What clause(s) has been critical in the expansion of National Government power?

the commerce clause (a1 s8), necessary and proper clause (a1, s8)

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

Congress cannot directly regulate child labor. The power to regulate child labor is left to the states (reserved powers). Court can reuglate: production, agriculture, manufacturing, mining

What’s the upshot of the Slaughterhouse Cases?

Ruled in favor of the state/monopoly -> reads the immunities clause so narrowly so that it had no meaning/weight

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

"the freedom of the slave race...security and firm establishment of that freedom...protection of the newly made freemen"

What other clause looks a lot like the Privileges or Immunities Clause in the 14th Amendment?

Privileges and Immunities Clause in Article IV, Section 2

What is the Privileges and Immunities Clause also known as?

The Comity Clause

What Amendment is involved in Barron v. Baltimore?

The 5th amendment

What does the court decide in Barron v. Baltimore?

The Fifth Amendment and other provisions of the Bill of Rights were intended to limit the power of the federal government, not the states.

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

Anti-federalists (supported AoC over the Constitution)

What amendment gave rise to selective incorporation?

The 14th amendment (due process clause) - “...nor shall any State deprive any person of life, liberty, or property, without due process of law...”

What is selective incorporation?

-> Selective incorporation is the doctrine through which the Supreme Court applies parts of the Bill of Rights to the states, not just the federal government.

What is the impact of the 14th Amendment?

-> guarantees to all citizens (including former slaves) "equal protection of the laws" and begins the incorporation of the Bill of Rights to the States/local governments

What case did scholar Kurt Lash argue was correctly decided?

The slaughterhouse cases

According to Lash, what does the 14th Amendment do?

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 Supreme Court Justice was a total incorporation-guy?

Justice Hugo Black (first 8 amendments apply)

What’s Palko v. CT famous for?

The 5th amendment (double jeopardy) is NOT a fundamental right (not applicable to states)

selective incorporation cases

Palko v CT, Mcdonald v Chicago, Timbs v Indiana

Where does the right to privacy come from?

penumbras -> amendments 1, 3, 4, 5, 9, and applied through 14

What court opinion talked about "penumbras"?

Griswold v. CT -> various guarantees create zones of privacy

What does the dissent say in Griswold v. CT?

Justice Black’s Dissent: The right of privacy for married individuals is not an enumerated right. “Changing with the times” and “natural justice”. The majority opinion smells like Lochner

Justice Stewart's Dissent: Very stupid law. Goldberg has the 9th amendment wrong

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

Strict Scrutiny

What’s the main issue in Corfield v. Coryell?

A New Jersey law prohibited anyone other than New Jersey residents from gathering oysters and clams in the state. Corfield claimed that the law violated the Privileges and Immunities Clause

What’s the main issue in NY v. US? (mentioned in several cases)

anti-commandeering principle — whether Congress can compel a state government to enact or administer a federal regulatory program, which the Court ruled it cannot.

What happened in McDonald v. Chicago?

they held that the Second Amendment right is fully applicable to the States

Why is McDonald v. Chicago significant?

ruled that the right to bear arms is a fundamental right applying to state and local governments.

What does Printz v. US deal with?

Cannot use state officials to do the business of the national government or force the states to make legislation

-> ANTI-COMMANDEERING

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

full faith and credit, privileges and immunities

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

believed that the national governments powers were broad and laconic, the necessary and proper clause/implied powers can extend indefinitely, there's a “truncated” BoR in the Constitution, the gov is only as strong as its people (NECESSARY TO SAFEGUARD THE LIBERTIES OF THE PEOPLE)