Taxing Power
Spending Power
War & Treaty Powers + State Immunity
Federal Executive Power
Executive Privilege and Immunity
100

This case invalidated a tax on companies using child labor.

Bailey v. Drexel Furniture Co. (Child Labor Tax Case)

100

This case held that Congress’s spending power is tied to the “general welfare,” not other enumerated powers.

United States v. Butler

100

This branch has the power to declare war.

Congress

100

This case invalidated Truman’s steel seizure.

Youngstown Sheet & Tube Co. v. Sawyer

100

This case rejected absolute executive privilege in response to a criminal subpoena.

United States v. Nixon

200

This case upheld a federal tax on gambling despite regulatory motives.

United States v. Kahriger

200

This case upheld conditioning federal highway funds on a 21 drinking age.

South Dakota v. Dole

200

This case held treaties can expand federal power beyond enumerated powers.

Missouri v. Holland

200

This justice created the three-category framework for executive power.

Jackson

200

This doctrine protects confidential presidential communications from disclosure.

Executive privilege

300

This case upheld the individual mandate as a valid exercise of the taxing power.

NFIB v. Sebelius

300

This phrase describes the requirement that spending conditions relate to the purpose of the program.

Germaneness (accept: Relatedness)

300

This doctrine prohibits Congress from forcing states to legislate.

Anti-commandeering

300

This category describes presidential power at its lowest ebb.

Category 3

300

This recent case recognized broad immunity from criminal prosecution for official presidential acts.

Trump v. United States

400

This concept explains why the tax in the Child Labor Tax Case was unconstitutional.

Tax vs. penalty (accept: Penalty)

400

This phrase describes when federal financial pressure leaves states with no real choice.

Coercion

400

This case struck down a law requiring states to take title to radioactive waste.

New York v. United States

400

This case is associated with broad foreign affairs power.

United States v. Curtiss-Wright Export Corp.

400

This case held that a sitting president has no immunity from civil litigation for unofficial conduct.

Clinton v. Jones

500

This feature of the individual mandate helped the Court treat it as a tax rather than a penalty.

Non-coercive (accept: Revenue-raising / IRS collection / No criminal punishment)

500

This specific federal program was at issue when the Court found a spending condition unconstitutional in NFIB v. Sebelius.

Medicaid (accept: Medicaid expansion)

500

This case held Congress cannot require state officers to enforce federal law.

Printz v. United States

500

This case upheld presidential settlement of foreign claims during the Iran crisis.

Dames & Moore v. Regan

500

This case established absolute immunity from civil damages for official presidential acts.

Nixon v. Fitzgerald

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