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45 Cards in this Set
- Front
- Back
Concurrent Theory
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The powers that both the federal and state governmnets share
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Dormant Theory
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mere grant of commercial power to congress ousts the states. (states have no power whatsoever because the commerce clause says so)
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Mutual Exclusiveness Theory
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there are some exclusive rights to the federal and some to the states, but they are fixed. Neither can interfere with the powers of the other.
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Selective Exclusiveness
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the notion that on a case-by-case basis the supreme court would decide what was national in scope and what was local in scope. if it is national it is the federal gov. if it is local it is the state gov.
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Gibbons v. Ogden
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The first time the court decifered the commerce clause
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Marshall's definition of commerce in Gibbon's v. Ogden
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Commerce is intercourse, it is a unit, it is the making, the buying and selling, and the transportation of goods among the several states.
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Definition of Commerce as laid out in the Constitution & what article is it?
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Congress shall have the power to regulate commerce among foreign nations, among the several states, and with Indian tribes.
Article 1 S8 C3 |
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10th Amendment
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the powers not delegated to the U.S. by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people.
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U.S. v. E.C. Knight Co
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Limited the government's power to control monopolies. It esstablished the Direct v. Indirect test which is also the manufacturing v. distribution test.
manufacturing preceeds commerce |
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Champion v. Ames
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1st time the court recognized that the federal government has a form of police power. Lotto was evil
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16th Amendment
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Federal Income Tax was upheld
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17th Amendment
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Senators are to be elected by the people
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18th Amendment
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Concurrent Powers of Federal and State governments
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20th Amendment
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Lame Duct term, the gap was closed.
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21st Amendment
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repealed prohibition
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South Carolina Highway Dept v. Bornwell Brothers
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South Carolina did not violate the commerce clause because the local highways were paid for and maintained by the state
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Direct v. Indirect (Manufacturing v. Distribution) Test
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Established in E.C. Knight. Direct would go to the federal government and indirect would go to the state government.
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Substantial Effect Test
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If intrastate activity has a substantial affect on interstate commerce the federal government can regulate, if not it belongs to the state. (Shreveport Case)
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Stream of Commerce Test
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(Swift co. v. U.S.)
if goods are just passing through a state going to another then that is the jurisdiction of the federal government. If they land in a state permanently then it is under the jurisdiction of the state. |
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Theory behind the validity of tests
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at the end of the day tests do not decide the cases, the court does. They can interpret the tests in any way that fits there agenda.
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U.S. v. Darby
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Overturned Hammer v. Dagenhart. Federal government can regulate child labor. and this case outlawed child labor.
Fair Labor Standards Act |
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Fair Labor Standards Act 1938
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established minimum wage, maximum hours, child labor restrictions.
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Cooley v. Board of Wardens
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Struck down the Dormant theory and upheld Selective Exclusiveness. States an regulate when the federal government is silent.
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Southern Pacific Company v. State of Arizona
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states could not control railroads as they extended into other states.
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National Leauge of Cities v. Usery
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Violated the traditional state function test.
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Traditional State Function Test
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COME BACK TO
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Garcia v. SanAntonio
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Overturned National Leauge of Cities. It is too hard to determine what a "traditional state function" is.
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Hammer v. Dagenhart
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- The power to regulate does not include the power to standardize or prohibit.
- Congress could not regulate Child Labor Laws because manufacturing as stated in EC Knight is not commerce. - Goods had to be "harmful" for the federal government to be able to regulate it. |
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National Labor Relations Board v. Jones & Laughlin Steel Co.
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- Does congress have the power to regulate labor relations?
- The gov can regulate labor relations. (Schecter just said they couldnt) - Although actions might be intrastate in character when separatly considered if they have a substantial relation to interstate commerce then congress has the power to control it |
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National Labor Relations Act 1935
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allowed for unions and collective bargaining (choosing their own representatives) Established the National Labor Relations Board
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New York v. United States
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- The take-title provision was unconstitutional.
- Accountability. the fed didnt want to be responsible so they pushed it off to the states |
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Printz v. United States
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CALL KING
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U.S. Term Limits Inc. v. Thorton
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- Can states alter/add the qualifications for the U.S. Congress that are outlined in Article 1?
- No, the states cannot impose qualifications for prospective members of congress that are stricter than those specified in the constitution. - This decision invalidated the congressional term limit of 23 states. |
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Why do we use tests?
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So that all cases are judged based on the same criteria (equal priciples)
- they are judicial creations that dont come from the constitution- they do this so they can change them, redo them, or even disregard them. |
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U.S. v. Butler
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- 1st Time the court interprets the general welfare clause
- congress can not regulate production (producers v. processors) - violated the 10th amendment because it invaded a reserved power to the state (production belonged to the state) |
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General Welfare Clause
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"to lay and collect taxes, duties, imposts & excises, to pay the debts and provide for the common defence and general welfare of the U.S"
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Mechanistic Theory of Jurisprudence
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simple task. look at the constitution & put policy next to it and it shouls appear to match
u.s. v. butler |
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Test:
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The criteria a policy must meet to be constitutionaly permissible: must serve a purpose
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Rational Relations Test
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legitimate purpose for this policy ex: drinking age is 21 because of "traffic safety reasons"- based on evidence
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Burden of Proof test
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who must convince the courts that they have the power to do whatever - guidance for lawyers, judges, and litigants
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U.S. v. Morrison
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- Violence against women is not an economic activity --> can no longer pile inference upon inference like in Lopez-
- congress overstepped its bounds when they wanted to use the commerce clause and 15th amendment to regualate violence against women. - Court rejects the argument that Congress can regulate noneconomic, violent criminal conduct based solely on that conduct's aggregate effect on interstate commerce. |
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En Banc
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all the justices near the case @ circut court level (usually only 3 hear it)
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Certiorari
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higher court wants to hear a lower court's case if a) the lower court is divided or b) the lower court has heard this kind of court but the supreme court hasnt
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Substantial Affects Test
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in the past the court has deffered to congress and now they are reversing it. (they are now only using the test in name)
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Judicial Activism
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when elected officials deralict their elected duties the courts move in
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