Midterm Constitutional LAW LAW LAW

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67 Terms

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Writ of Mandamus

A court order commanding a government official or lower court to perform a mandatory public duty they have failed or refused to do 

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Writ of Habeas Corpus

A legal order that allows a person in custody to be brought before a court to determine if their detention is lawful

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Justiciable

Subject to trial in a court of law

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Writ of certiorari

A process to seek judicial review of a decision of a lower court or government agency

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Injunction 

A court order that commands someone to take a certain action or prohibit them from doing so

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Indictment 

A formal charge or accusation of a serious crime 

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Marbury v. Madison Year

1803

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What President was the Judiciary Act of 1801 passed (Marbury v. Madison)

John Adams

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Who’s commission was not delivered (Marbury v. Madison)

William Marbury

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Who was the petitioner (Marbury v. Madison)

Marbury

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What did Marbury ask the court for?

Petitioned the court for a writ of mandamus so his commission would be delivered 

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Legal Questions - Marbury v. Madison

  1. Do the petitioners have a right to receive their commissions?

  2. Can the petitioners sue for their commissions in court?

  3. Does the Supreme Court have the authority to order the delivery of the commissions

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Ruling of Marbury v. Madison

Found that Madison’s refusal to deliver the commission was illegal

Did not order a writ of mandamuses because the court found that the Judiciary Act of 1789 was unconstitutional

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Marshall used what clause in Marbury v. Madison

Supremacy Clause 

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What was established in Marbury v. Madison

Judicial review

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Nixon v. United States year

1993

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Legal questions in Nixon v. United States 

Is Nixon’s claim that Senate Rule XI violates the Impeachment Trial Clause justiciable?

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Ruling in Nixon v. United States

No Nixon’s claim was not justiciable

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Wickard v. Filburn Year

1942

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Who was the farmer in Wickard v. Fillburn?

Filburn

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Filburn argued what?

His additional wheat that he grew was not a violation of the Agricultural Adjustment Act of 1938 because additional wheat was not subject to regulation under the Commerce Clause

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Legal question in Filburn v. Wickard

Did the Agricultural Adjustment Act of 1938 violate the Commerce Clause?

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Decision in Wickard v. Filburn 

The Agricultural Adjustment Act of 1938 was upheld. 

Can regulate interstate commerce, as long as the intrastate activity has a substantial effect on interstate commerce 

Went against previous decisions that analyzed whether activity was local or whether its effects was direct or indirect 

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Ex parte McCardle Year

1869

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Exceptions Clause

Article 3

Gives Congress the power to strip the Supreme Court of jurisdiction over particular types of cases

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McCardle was 

arrested for publishing newspaper articles criticizing Reconstruction 

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McCardle did what

petitioned for a writ of habeas corpus

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After Arguments were heard, but before a decision was made… in Ex parte McCardle

Congress stripped the Supreme Court of jurisdiction over the case

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Legal question in Ex parte McCardle 

Can Congress withdraw jurisdiction from the Supreme Court when it has already been given?

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Decision in Ex parte McCardle

Congress can withdraw jurisdiction

Exceptions Clause

Case was dismissed

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Who was Raich

A medical marijuana user

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Raich v. Gonzales year 

2005

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Legal Question in Raich v. Gonzales

Does the Controlled Substances Act exceed Congress’ power under the commerce clause as applied to the intrastate cultivation and possession of marijuana for medical use?

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Ruling in Raich v. Gonzales

Congress has the power to regulate intrastate cultivation and possession of medical marijuana because it affects the interstate market

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Martin v. Hunter’s Lesse Year 

1816

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Virginia did what in Martin v. Hunter’s Lessee

Refused to follow the Supreme Court’s reversal of the state’s ruling

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Legal question in Martin v. Hunter’s Lessee

Is Section 25 of the Judiciary Act, which grants the Supreme Court appellate review over state court cases involving federal law, unconstitutional? 

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Ruling in Martin v. Hunter’s Lessee

The Supremacy Clause gives federal courts the power to reviews state court decisions that interpret federal law or the Constitution 

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Reasoning in Martin v. Hunter’s Lessee

Federal law supersedes state law - There should be uniform and predictable outcomes across all states

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Hammer v. Dagenhart year

1918

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Who was Dagenhart?

A father would sued on behalf of his son to allow him to work in a textile mill

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Legal Question in Hammer v. Dagenhart

Does the congressional act violate the Commerce Clause or the Tenth Amendment?

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Decision in Hammer v. Dagenhart

Production was not commerce

The law was invalidated

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US v. Darby year

1941

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United States v. Darby facts

Congress passed the Fair Labor Standards Act

Darby was arrested for violating the FLSA

Charges were dismissed because the federal district court fund that the FLSA was unconstitutional

The court reasoned that the FLSA’s potential effects on intrastate activities violated the Commerce Clause

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Legal Question in US v. Darby

Is the Fair Labor Standards Act a legitimate exercise of Congress’s power to regualte interstate commerce?

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Decision in US v. Darby

The Court upheld the Fair Labor Standards Act

Substandard labor conditions have a significant impact on interstate commerce 

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Gibbons v. Ogden year

1824

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Gibbons v. Ogden facts

Ogden was licensed by the state of New York

Gibbons did business under a federal coastal license

Ogden filed against Gibbons in New York State court and received a permanent injunction

The New York state court reject Gibbons’ argument and argued that Congress controlled interstate commerce

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Legal question in Gibbons v. Ogden

Does the Commerce Clause give Congress authority over interstate navigation? 

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Gibbons v. Darby decision 

Marshall

Navigation fell under interstate commerce

The law was invalid, New York could not interfere 

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Heart of Atlanta Motel v. United States year

1964

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Heart of Atlanta Motel v. US

The Civil Rights Act of 1964 forbade racial discrimination by places of public accommodation

The Heart of Atlanta Motel refused accommodations to Black customers

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Legal question of Heart of Atlanta Motel v. United States 

Did Congress exceed its Commerce Clause by not letting places of public accommodation the right to choose their own customers? 

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Heart of Atlanta Motel v. United States conclusion

The Court held that Congress could enjoin the motel from discrimination on the basis of race under the Commerce Clause

This discrimination by the motel could have an effect on interstate commerce

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United States v. Morrison year

2000

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US v. Morrison facts 

Brzonkala was rapped by Morrison and Crawford 

Brzonkala sued Morrison alleging that they violated the Violence Against Women Act of 1994 

Violence Against Women Act of 1994 - provides a federal legal remedy for the victims of gender-motivated violence

Morrison and Crawford argued that this section they were sued under was unconstitutional  

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Question in US v. Morrison 

Does Congress have the authority to enact the Violence Against Women Act of 1994 under either the Commerce Clause or Fourteenth Amendment? 

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Decision in Morrison

Congress does not have the authority to enact the Violence Against Women Act of 1994

Exceeds their power of the Commerce Clause

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Article 1

Established the Legislative Branch

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Article 2

Established the executive branch

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Article 3

Established the judicial branch 

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Article 4

Establishes the relationship between the states and the federal government

“Full Faith and Credit” clause

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Article 5

Outlines the process for amending the Constitution

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Article 6

Established that the Constitution, federal laws, and treaties are the "supreme law of the land”

Supremacy Clause 

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Article 7

Ratification

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Article 10

Any powers not specially given to the federal government or withheld from the states are reserved for those states or the people