POLY SCI Exam 3 (Andrew Clayton)

What cases did we cover that involved the Spending Clause

-Steward Machine Co v. Davis

- South Dakota v. Doe

- NFIB v. Sibelius

What are some liberties that are not protected in the Bill of Rights?

-No Bill of Attainder or ex post facto Law passed

-No Capitation

-No tax or duties for states

-No money shall be drawn from the treasury

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 Nation Government Power?

United States v Lopez

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

Privileges and Immunities clase

In what year was Steward Machine Co v. Davis?

1937

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

commerce clause

What's the upshot of the Slaughterhouse Case?

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?

5th Amendment

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

-freedom for slaves

-Security and form establishment

-protection for new citizens

What happened in McDonald v. Chicago?

-DC v. Hellar

-Violated the 2nd amendment

-incorperation into the privileges or immunities? or Due process?

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

Social Security Act

What's the main issue in Corfield v. Caryell?

-Federalism

-enumerated/ unenumerated rights

-fundamental right

What's the main issue in NY v. US?

Take Title" provision of the Low-Level Radioactive Waste Policy Amendments Act of 1985 exceeded Congress's power under the COMMERCE CLAUSE

(Anti-Commandeering)

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

Anti-Federalists

What amendment gave rise to selective incorporation?

14th Amendment

Why is McDonald v. Chicago significant?

It incorporated the 2nd Amendment

What is the impact of the 14th amendment?

Gave rights to slaves who were naturally born here, and was part of the 13-15 big civil war amendments

What is selective Incorporation?

The method the court adopts the Bill of Rights to the states un a peacemfale matter

LIMIT STATES LAWMAKING POWERS*

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

-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?

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?

The case to be dismissed

Where can one find a "truncated" Bill of Rights

Amendments 1-10

What is the Privileges and Immunities Clause also known as

Comity clause

Which clauses of the US Constitution involve the relationships between and among the various states (changed)

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

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 courts 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 cases

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 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 privacy come from?

The right to privacy is alluded to in the Fourth Amendment, and the 14th amendment

What does Printz v. US deal with

Federal Government asks state police officers to conduct background checks for purchase of handguns. Says supremacy clause does not apply here because states shall not police for federal congress. Uses 10th Amendment to debunk the necessary and proper clause.

What court opinion talked about "penumbras"

Griswold v CT

- Penumbras are the other amendments that lay the foundation for the "right to privacy"

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

Strict

What does the dissent say in Griswold v. CT

1. Uncommonly silly law, but Constitutional

2. Super vague analysis for privacy

3. what the constitutional provision?

4. sounds like Lochner

5. Constitution can change with amendments

Slaughterhouse Cases

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.

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

The Fifth Amendment right to protection against double jeopardy is not a fundamental right incorporated by the Fourteenth Amendment to the individual states.

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

Act makes states dispose of radioactive waste in their own state, NY protests; act wins bc commerce clause, reasonable financial stipulations and incentives to the act

Corfield v. Coryell

Deals with Privileges and Immunities- ruled that protections given by this clause are fundemental rights of the citizens.

Steward Machine Co. v Davis

The Court held that a tax under the SSA that established a federal payroll tax on employers but allowed employers to credit the payments to state unemployment compensation fund toward the tax was a constitutional exercise of congressional power because the tax was uniform throughout the states.

McDonald v. Chicago

The Court held that the right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the Due Process Clause of the 14th Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states.

Roe v. Wade

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.

Due Process Clause

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.

Spending Clause

constitutional provision that gives congress the power to collect taxes to provide for the general welfare

enumerated powers

The powers explicitly given to Congress in the Constitution.

McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

The Bill of Rights protect

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

Supreme Court case that decided against setting up an 8 hour work day for bakers

Powers of Congress

Collect taxes, borrow money, regulate commerce with other nations, coin money, declare war, control armed forces, make necessary laws.

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.

Substantial Due Process refers

to limitations placed on laws passed by the legislature to insure they do not violate people's rights.

Strict Scrutiny

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

Federal government allowed to use spending power to influence state policy for the public wefare (drinking age went up in the states in order to get federal funding)

Hammer v. Dagenhart

(1918). Declared the Keating-Owen Act (a child labor act) unconstitutional on the grounds that it was an invasion of state authority.

What was the Courts definition of commerce in Hammer v. Dagenhart

"Commerce consists of intercourse and traffic, and includes the transportation of persons land property, as well as the purchase, sale and exchange of commodities."

Wickard v. Filburn

Farmer growing too much wheat is taxed because it affects interstate commerce

US v. Lopez

Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.

US v. Butler

(FDR) 1936 as a case in which the Supreme Court of the United States ruled that the processing taxes instituted under the 1933 Agricultural Adjustment Act were unconstitutional.

Murphy v. NCAA

Murphy; Violation of the 10th amendment

Timbs v. Indianna

full incorporation go the 8th amendment

What changes from Roe to Planned Parenthood v. Casey

strict scrutiny -> Undue burden

Trimester -> viability

According to the majority (and at least one concurrence) in Glucksberg, who should determine the issue of physician-assisted suicide

The state

What are the main points in the Planned Parenthood v. Casey dissents

-Stare Decisis; but yet essentially a rejection of Roes

-The facts: the facts that gave rise to Roe will continue to give rise to similar cases

-concern about legitimacy

-undue burden is subjective and made-up

-not a protected right

-values judgment should be voted on democratically

What is the subject of the Lyceum Address

The Perpetuation of Our Political Institutions