PLSC 3330 Midterm Essays

Commerce Clause

Article I, Section 8

Separation of Powers

Article I

due process clause

5th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

Article II

executive power

Sect. I establishes

Sect. II is Commander in Chief

14th Amendment

equal protection, apportionment

15th Amendment

right to vote shall not be denied based on race, color, or previous condition of servitude

United States v. Darby (1941)

topic: Fair Labor Standards Act, fixed min. wage and max. hours

sig: Hammer v. Dagenhart GONE!! & Carter v. Carter Coal, fed. govt. has the power to regulate minimum wage and hours, unanimous b/c of 8 Roosevelt appointees

ID: Art. 1 Sect. 8 (Comm), nationalist

remember: GONE

Wickard v. Filburn (1942)

topic: regulation of wheat growth by congress

sig: congress can regulate growing of crops b/c it has an indirect effect on commerce

ID: Art. 1 Sect. 8 (Comm), nationalist

remember: kobylka's gazpacho garden

Korematsu v. U.S. (1944)

topic: relocation of Japanese after Pearl Harbor, Hibayashi precursor

sig: the govt's relocation of Japanese citizens does not violate the due process clause

ID: due process clause (Amd. 5 & 14)

literalist theory of the presidency

associated with Taft, presidency is one of three "equal" branches of govt. and is dependent on other branches for its authority. Art. II has a combination of sole and shared powers

stewardship theory of the presidency

Teddy Roosevelt: "the president is free to be as big a man as he wants to be"

president can do whatever unless specifically prohibited by const.

implied power theory: as long as const. doesn't say i can't

in re nagel

prerogative theory of the presidency

presidents' powers grow in times of crisis

inter arma silent leges

unitary theory of the presidency

dick cheney

president can do whatever they want period

Youngstown Sheet & Tube Co. v. Sawyer (1952)

topic: truman's seizure of steel mills, wanted to keep them operating during Korean War

sig: Court does not allow Truman to seize steel mills, violates Art. II

Jackson's concurrence is most cited opinion of presidential authority ever, three categories

ID: Art. II

U.S. v. Carolene Products (1938)

sig: begins the cone of rationality with strict scrutiny, ends up as a road map for what court does after 1937

Footnote 4

Established strict scrutiny

Three steps:

1. when the action falls under the prohibitions of the Bill of Rights or 14th Amendment

2. when the action restricts the democratic process

3. when the action is harmful to particular religions or national or racial minorities.

Plessy v. Ferguson (1896)

topic: segregation on public accommodations

sig: upheld segregation and put in the "separate-but-equal" standard

ID: 14th Amendment

Guinn v. U.S. (1915)

oklahoma law saying that anyone whose grandfather voted in 1866 could vote, discriminating against Black people, struck down unanimously

ID: 14th Amendment

Smith v. Allwright (1944)

topic: segregation in elections primaries run parties, states run general elections

sig: applies 14th amendment to states, striking down white primaries which were the product of segregationist policies

ID: 14th Amendment

Shenck v. U.S. (1919)

topic: freedom of speech

sig: introduces clear and present danger idea

ID: 1st Amendment