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con law 1 final
| Question | Answer |
|---|---|
| marbury v. madison questions | 1. does marbury have a right to the commission? YES 2. if marbury's rights have been violated, does he have a legal remedy? YES 3. is marbury entitled to the remedy he applied for (a mandamus)? YES, but the Court can't issue him one |
| marbury v. madison majority author | marshall (floor and ceiling on jurisdiction ) |
| marbury v. madison main topics | judicial review |
| marbury v. madison constitution | article III, section 1, 2 |
| martin v. hunter's lessee question | 1. does the Court have appellate jurisdiction over constitutional decisions by state courts? YES |
| martin v. hunter's lessee majority author | story (appellate power extends to constitutional state court decisions) |
| martin v. hunter's lessee topics | judicial review |
| martin v. hunter's lessee constitution | article III, section 1, 2 |
| mcculloch v. maryland questions | 1. does congress have the power to incorporate a bank? YES 2. may the state of maryland tax a bank incorporated by congress? NO |
| mcculloch v. maryland majority author | marshall (federal supremacy has to exist and be maintained, implied congressional powers, necessary and proper argument) |
| mcculloch v. maryland main topics | sources of judicial decisions |
| mcculloch v. maryland constitution | article I, section 8, clause 18 |
| dahl argument | the Court is more democratic than it seems |
| mccardle question | 1. does congress have the power to statutorily remove the Court's appellate jurisdiction in habeas corpus cases? YES |
| mccardle majority author | chase (congress must affirmatively act and pass a statute to grant the Court its jurisdiction) |
| mccardle main topics | political control over the supreme court |
| mccardle constitution | article III, section 2 |
| massachusetts v. epa questions | 1. does massachusetts have standing to bring this action against the EPA to press the EPA to regulate greenhouse gas emissions? YES |
| massachusetts v. epa majority author | stevens (there is an injury in fact, public choice theory, special solicitude for states) |
| massachusetts v. epa main topics | the "case or controversy requirement" and passive virtues [standing] |
| baker v. carr questions | 1. does the Court have the authority to hear a case of malapportionment? NO |
| baker v. carr majority author | brennan (political question factors, there is no political question here so the case is justiciable) |
| baker v. core main topics | political questions |
| baker v. carr constitution | article IV, section 4 |
| bush v. gore questions | 1. should florida continue the voter recount, or should they stop the recount and just finalize the election based on the votes that they have? STOP THE RECOUNT |
| bush v. gore majority author | per curiam opinion (the equal protection argument, the FL supreme court is incompetent at interpreting FL statutory law) |
| bush v. gore main topics | political questions (presidential election s= political questions, but the Court didn't invoke the political questions doctrine here) |
| bush v. gore constitution | article IV, section 4 |
| gibbons v. ogden question | 1. how should we understand the word commerce? |
| gibbons v. ogden majority author | marshall (commerce = commercial intercourse) |
| gibbons v. ogden main topics | federalism and judicial review |
| gibbons v. ogden constitution | article I, section 8, clause 3 [COMMERCE CLAUSE] |
| hammer v. dagenhart questions | 1. is the child labor act motivated by an unconstitutional purpose? YES |
| hammer v. dagenhart majority author | day (congress can regulate interstate commerce, but that is not the true goal of congress with the child labor act) |
| hammer v. dagenhart main topics | federalism and judicial review |
| hammer v. dagenhart constitution | article I, section 8, clause 3 [COMMERCE CLAUSE] |
| wickard v. filburn questions | 1. does a personal overproduction of a regulated crop impact interstate commerce enough to warrant a fine? YES |
| wickard v. filburn majority author | jackson (what can be regulated as commerce = substantial, economic effect on interstate commerce) |
| wickard v. filburn main topics | federalism and judicial review |
| wickard v. filburn constitution | article I, section 8, clause 3 [COMMERCE CLAUSE] |
| united states v. lopez question | 1. can congress regulate an act that prevents firearms in schools, which is not an inherently commercial activity? NO |
| united states v. lopez majority author | rehnquist (congress can only regulate activities that have both a "substantial effect" on commerce" and that are economic in nature) |
| unites states v. lopez main topics | the evolution of the commerce clause doctrine |
| united states v. lopez constitution | commerce clause |
| nfib v. sebelius questions | 1. does congress have the power under the constitution to enact the affordable care act? NO |
| nfib v. sebelius majority author | roberts (ACA is trying to regulate a commercial activity that does NOT already exist - not allowed) |
| nfib v. sebelius main topics | the evolution of the commerce clause |
| nfib v. sebelius constitution | commerce clause |
| katzenbach v. morgan questions | 1. does section 5 of the 14th amendment give congress the power to enforce the voting rights act? YES |
| katzenbach v. morgan majority author | brennan (both the remedial and departmentalist view provide avenues for congress to enforce the legislation) |
| katzenbach v. morgan main topics | section 5 of the fourteenth amendment |
| katzenbach v. morgan constitution | amend. XIII, section 2; amend. XIV, section 5; amend. XV, section 2 |
| city of boerne v. flores question | 1. is the religious freedom restoration act justified under section 5 of the fourteenth amendment? NO |
| city of boerne v. flores majority author | kennedy (congressional remedies have to be congruent and proportional to a judicially defined constitutional rights violation, remedial view should be used) |
| city of boerne v. flores main topics | section 5 of the fourteenth amendment |
| city of boerne v. flores constitution | amend. XIII, section 2; amend. XIV, section 5, amend. XV, section 2 |
| youngstown v. sawyer questions | 1. does the president have the power to seize the nation's iron factories under the taft-hartley act? NO |
| youngstown v. sawyer majority author | jackson [MAIN CONCURRENCE] (three possible relationships between the president and congress) |
| youngstown v. sawyer main topics | presidential power |
| youngstown v. sawyer constitution | article II, section 1, clause 1; section 2, clause 1; section 3 |
| united states v. curtis-wright questions | 1. was the joint resolution an unconstitutional delegation of legislative power to the executive? NO |
| united states v. curtis-wright majority author | sutherland (the president is the best person to handle foreign affairs, two-pronged executive model) |
| united states v. curtis-wright main topics | foreign affairs - executive authority |
| united states v. curtis-wright constitution | article II, section 2, clause 1 |
| hamdi v. rumsfeld questions | 1. does the president have authority to detain US citizens as "enemy combatants"? SOMETIMES 2. what process is constitutionally due to these individual swho are detained and challenging their enemy combatant status |
| hamdi v. rumsfeld majority author | o'connor (enemy combatants get some due process, but not full due process; must be convenient for the president) |
| hamdi v. rumsfeld main topics | foreign affairs - executive authority |
| hamdi v. rumsfeld constitution | article II, section 2, clause 1 |
| united states v. nixon questions | 1. can the court hear a case that is an intra-branch dispute within the executive between an inferior and a superior? YES 2. does nixon have an absolute privilege of confidentiality? NO |
| united states v. nixon majority author | burger (this case doesn't fall within the zone of presidential discretion, balancing test for determining the scope of qualified privilege) |
| united states v. nixon main topics | domestic affairs - executive authority |
| united states v. nixon constitution | article II, section 4 |
| trump v. united states questions | 1. does a president have absolute immunity from prosecution for conduct during his time as president? YES, sometimes |
| trump v. unites states majority author | roberts (unofficial vs. official acts, core and non-core powers) |
| trump v. united states main topics | domestic affairs - executive authority |
| trump v. united states constitution | article II, section 4 |
| textual arguments | focus on the plain meaning of the text |
| historical arguments | arguments about original understanding |
| structural arguments | arguments inferring constitutional commands and meaning from reasoning about the relationship between constitutional structures |
| prudential arguments | arguments appealing to the economic, political, and social consequences of a given constitutional interpretation |
| doctrinal arguments | arguments based on judicial precedent |
| ethical arguments | arguments that reference the ethos of the american people |
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nitsakehoe