final

According to the Frontline documentary Supreme Revenge: Battle for the Court, who was considered to be the "iconic leader of the Court's liberal wing"?

Ruth Bader Ginsburg

Congress' power to regulate interstate commerce is found where?

Article I, Section 8 of the U.S. Constitution

When discussing racial discrimination, the "separate but equal" doctrine was affirmed in what Supreme Court case?

Plessy v. Ferguson

The Interstate Commerce Act created the Interstate Commerce Commission specifically to do what?

Regulate railroads

According to the Frontline documentary Supreme Revenge: Battle for the Court, Senator Mitch McConnell's efforts to secure a conservative majority on the U.S. Supreme Court began with the defeat of which Supreme Court nominee?

Robert Bork

Which of the following cases DID NOT involve racial discrimination in higher education?

Brown v. Board of Education (1955)

________________________________ allows federal regulation of interstate commerce from its origin to the point of its termination.

Stream of Commerce Doctrine

The idea that "Commerce comprehends not only navigation between the ports of different states but every species of commercial intercourse...." was first articulated in what case?

Gibbons v. Ogden

Chief Justice John Marshall wrote that the power to regulate commerce is vested in Congress. According to Marshall, what limits Congress' ability to regulate commerce?

The U.S. Constitution

In United States v. E.C. Knight Co. , E.C. Knight argued that ___________________ sugar is subject to state law, NOT federal control.

refining

According to lecture, until the early 20th Century, "civil liberties" were generally understood to be .....

limited to only economic liberties

The 1890 Sherman Anti-Trust Act targeted what?

Business monopolies

Think about the Frontline documentary Supreme Revenge: Battle for the Court. Senator McConnell's rush to replace deceased Justice Ruth Bader Ginsburg stands in stark contrast to McConnell's delay in replacing which other justice?

Antonin Scalia

The U.S. Supreme Court has gone back and forth between a narrow interpretation and a broad interpretation of the commerce clause. According to lecture, this fluctuation can be linked to what?

America's economic and political development

In which case did the Supreme Court rule that Congress, through the Commerce Clause, could KEEP OUT OF COMMERCE items that were manufactured in violation of the federal Fair Labor Standards Act?

United States v. Darby Lumber

Where can I find the Dormant Commerce Clause?

Nowhere; it is a doctrine developed by the U.S. Supreme Court

What was so revolutionary about the legal brief written by Louis Brandeis in Muller v. Oregon?

It was the first time a legal argument was NOT based solely on legal theory

According to lecture, Title 4 of the U.S. Code section 111 allows what?

States may levy taxes on wages of federal employees

_______________________ created the first federal income tax in the United States.

The Morrill Tariff Act of 1861

True or False: Income derived from illegal activities taxable?

Yes, under U.S. v. Sullivan (1927)

The Supreme Court's decision in McCray v. United States (1904) is important because it was the first time that the Court ruled that Congress does, indirectly, exercise what TYPE of powers?

Police Powers

What are "golden shiners"?

fish

In Dred Scott v. Sanford, Chief Justice Taney declared that the Missouri Compromise of 1820 was unconstitutional. Why?

It violated the property rights of slave holders

In Granholm v. Heald, the Supreme Court struck down laws in the states of New York and Michigan. Which of the following rationales best-explains the Court's position in Granholm?

Any state law which affects interstate commerce must not discriminate against out-of-state actors

Which of the following was NOT one of the civil liberties protections found in the un-amended U.S. Constitution?

The right to a jury trial in civil cases

Southern Pacific Company v. Arizona was a case involving an Arizona law that affected trains by restricting the number of passenger cars and freight cars that locomotives could pull. Arizona argued that such a restriction would reduce the number of rail accidents that occur. Arizona believed that this was a proper exercise of what?

Its police power

Part of the Dormant Commerce Clause is the principle that state laws which affect interstate commerce must not discriminate against out-of-state actors or out-of-state competition, NOR have the effect of favoring in-state economic actors. Based on this, the U.S. Supreme Court struck down relevant state laws in ALL of the following cases EXCEPT......

Cooley v. Board of Wardens

In Gonzales v. Raich (2005), the Supreme Court rejected the plaintiff's suit to stop the Drug Enforcement Administration (DEA) from enforcing the federal Controlled Substances Act. The Court held that the regulation of marijuana under the Controlled Substances Act was squarely within Congress' commerce power because production of marijuana meant for home consumption had a substantial effect on supply and demand in the national market. The Court's rationale for the Raich decision was similar to its rationale in what other case we've discussed?

Wickard v. Filburn

According to lecture, the phrase "due process" does not appear in the Constitution, but in two of the Amendments. One is the 14th Amendment. What is the other?

The 5th Amendment

Which of the following does NOT fall under the category of EXCISE TAXES? (i.e., which of the following IS NOT an excise tax?)

A $5 tax on each barrel of imported oil

Gibbons v. Ogden (1824)

The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers.

Gibbons v. Ogden (1824)

How did Marshall define "commerce"?

Marshall went on to define the phrase "among the several states." He concluded that commerce among the states meant anything that was not fully contained within a single state. That meant the federal government could regulate any good unless it was entirely made, sold, and used within one state.

Shreveport Rates Case (1914)

• Rates in Texas were lower than rates in Louisiana

-texas had low rates: state regulated

-Louisiana rates were high because : regulated by feds

• Texas rates regulated by Texas Railroad Commission

• Louisiana rates regulated by ICC

• ICC ordered Texas to raise its rates to allow Louisiana to be competitive in Texas market

-even out playing field need to make rates higher

• Court validated ICC's power to regulate INTRASTATE rates when they directly affected INTERSTATE commerce

-supreme court takes ICC side because rates affected/ impacted interstate commerce even through texas rates were intrastate

Shreveport Rates Case (1914)

How did Court ruling impact Interstate Commerce Commission?

The Interstate Commerce Commission (ICC) found that the interstate rates were unreasonable and illegally discriminated against freight traffic originating in Shreveport. The ICC established maximum rates and ordered the railroads to fix their intrastate rate schedules.

United States v. EC Knight Co. (1895)

The Supreme Court ruled that the Sherman Antitrust Act of 1890, which prohibited combinations in restraint of trade (like trusts and monopolies), could NOT be used to break up a sugar refining monopoly (E.C. Knight Co.) since the Constitution empowered Congress to regulate commerce, but not manufanufacturing. This was a pro-big business ruling.

United States v. EC Knight Co. (1895)

How did this affect manufacturing as it relates to COMMERCE?

supreme court strikes down child labour act

-production is not commerce (making product is not shipping product) not part of commerce

-regulation of production is reserved to the states by the 10th amendment

Swift and Co. v. United States (1905)

Court ruled that the Sherman Anti-Trust Act applied to the stockyards • Stockyards were just the midpoint between ranch and final sale; cattle were not removed from interstate commerce

-create a monopoly rethinks orgin

• "Stream of Commerce Doctrine"—allows federal regulation of interstate commerce from its origin to the point of its termination

-supreme court, sherman anti trust act applies to stockyards importance of swift case: commerce flows like water from ranch to slaughterhouse from orgin to termination

Swift and Co. v. United States (1905)

How did Court ruling impact stockyards?

1921 Packers and Stockyard Act

- Prohibited meatpackers involved in interstate commerce to engage in any unfair, discriminatory, or deceptive practices

-meatpacker: slaughterhouse

• Congress gave Dept. of Agriculture authority to make rules and regulations to carry out the act, set stockyard rates, and prescribe record keeping procedures for stockyard officials • Stafford & Co. sued to keep government from enforcing; Court rejected request

-Stafford says meatpacking is past point of termination now

-court says no limit here

Hammer v. Dagenhart (1918)

The Supreme Court declared the Keating-Owen Child Labor

Law unconstitutional. Keating-Owen had prohibited the shipment in interstate commerce of products made with child labor.

Court's decision in Hammer v. Dagenhart overturned in U.S. v. Darby Lumber (1941) • "Congress ... is free to exclude from the commerce articles whose use in the states for which they are destined it may conceive to be injurious to the public health, morals, or welfare, even though the state has not sought to regulate their use."

Hammer v. Dagenhart (1918)

Why was the Child Labor Act struck down, but later in Darby Lumber the Court allowed the use of commerce to get at child labor?

• We have talked about Hammer

- 1915 Child Labor Act

- Court struck down the Child Labor Act

NLRB v. Jones & Laughlin Steel Corp. (1937)

• Decided after Roberts' "switch" in West Coast Hotel • 1935 Congress passed National Labor Relations Act • NLRB could hear complaints about unfair labor practices AND impost corrective measures • Labor unrest and strikes caused interruptions in interstate commerce that Congress has a right to prevent

NLRB v. Jones & Laughlin Steel Corp. (1937)

How was the National Labor Relations Act read to impact "commerce"?

This act gave Congress the ability to regulate and investigate any unfair business practices in commercial activity that affected interstate commerce.

United States v. Darby Lumber (1941)

-congress regulates trade between states

-congress used this to deal with child labour

-used commerce as reason if you use child labour no interstate commerce

-this time supreme court agreed with congress because congress can regulate insterstate commerce

United States v. Darby Lumber (1941)

How did Congress get at child labor?

When a lumber manufacturer, Darby, shipped lumber out of state, he was arrested for violating the FLSA. His charges were dismissed because the federal district court found that FLSA was unconstitutional. The court reasoned that the FLSA's potential effects on intrastate activities violated the Commerce Clause.

Heart of Atlanta Motel v. U.S. (1964)

Commerce Clause gave Congress power to force private businesses to abide by Title II of the Civil Rights Act of 1964, which prohibits discrimination in public accommodations

Heart of Atlanta Motel v. U.S. (1964)

How did the Civil Rights Act of 1964 get at racial discrimination?

Commerce Clause power allows Congress to eliminate acts of private discrimination

United States v. Lopez (1995)

• Did not purport to overturn Garcia

• Lopez reasserted the Courts power to set limits on Congress' authority to invoke commerce clause to regulate in areas that have only an insignificant connection with interstate commerce

• First time since 1937 that Court held Congress exceeded its power to legislate under the commerce clause

Cooley v. Board of Wardens (1852)

-a pennsylvania law required all ships entering or leaving the port of philadelphis to hore a local pilot

-ships that failed to do so were subject to a fine

-cooley was a ship owner who refused to hire a local pilotm and also refused to pay the fine

-cooley returned to hire pilot wouldn't pay fine

Selective incorporation began in 1897 (Chicago, Burlington, and Quincy RR Co. v. Chicago) - Case involved protection of property rights against eminent domain power of government - Court incorporated "just compensation" clause of 5 th Amend. (topic of Barron)

• Civil liberties, then, became economic liberties through the early 20th century.

Selective incorporation began in 1897 (Chicago, Burlington, and Quincy RR Co. v. Chicago) - Case involved protection of property rights against eminent domain power of government - Court incorporated "just compensation" clause of 5 th Amend. (topic of Barron)

• Civil liberties, then, became economic liberties through the early 20th century.

Southern Pacific Co. v. Arizona (1945)

• AZ State law limited the length of trains

• Arizona imposed a monetary penalty on railroad companies operating trains of over

14 passenger cars or 70 freight cars

-passed this as a law

• AZ sought to recover these penalties from Southern Pacific Co., but the trial court

made detailed factual findings that led it to conclude that Southern Pacific was not

liable because the law violated the Commerce Clause

-same volume more trains

• The Arizona Supreme Court reversed on the grounds that the law was reasonably

related to the health and safety of the state's citizens and that the state had