PIs
Instead of giving a big bundle of civil rights similar to those in Corfield, said that PIs conferred a "piddling set of obscure rights" (quote from Forbath) such as the right to go on the high seas, travel abroad, travel to capital, and assemble for the purposes of swaying national politics
Established implied powers through the necessary and proper clause… any measure that you can fairly say is a mean to an end of an enumerated power, that are appropriate or conducive to an enumerated power, is allowable as long as not prohibited elsewhere
What is McCulloch v. Maryland?
While the Court admonished the executive branch for depriving the plaintiff of his rights, and established the power of judicial review, it ultimately invalidated a statute to show it was acquiescing to the presence of a new regime
What is Marbury v. Madison?
States can regulate minimum wage because it is meant to reduce the evils of sweatshops and protect workers who are unequal in the bargaining process
What is West Coast Hotel v. Parrish?
To separate African American children from others of a similar age and qualifications solely because of their race generates a feeling of inferiority in a way unlikely ever to be done
What is Brown v. Board of Education?
1. Confirmed the Bill of Rights was not incorporated by the PIs clause
2. Holding seems contrary to originalism and a betrayal what the framers of the 14th amendment had in mind
What is US v. Cruikshank?
Article III gives Congress the authority to establish from time to time such inferior tribunals as they see proper
What is Stuart v. Laird?
Despite justices on the court acknowledging they may have not signed on to the earlier opinion in question, due to concerns about the legitimacy of the Court and adherence to stare decisis, it reaffirmed that opinion's central holding
What is Casey v. Planned Parenthood of PA
While the case recognized there are certain powers that exist under police power– the right to regulate for safety, health morals, and general welfare– regulating the number of hours a baker could work does not relate to health or safety
What is Lochner v. NY?
The school was not separate but equal because “Law school, the proving ground for legal learning and practice, cannot be effective in isolation from the individuals and institutions with which the law interacts.”
What is Sweatt v. Painter?
Early case prior to the 14th amendment that said PIs were fundamental rights which belong to citizens of all free governments such as right to protection, life, liberty, property, free passage, and pursue ones calling
What is Corfield v. Coryell?
Federal Preemption: when a state and federal law conflict, federal law wins because of the supremacy clause of the Constitution
What is Gibbons v. Ogden?
Avoided the big constitutional question of whether the judiciary act violated life tenure
What is Stuart v. Laird?
States can regulate measures for health and safety, such as placing a monopoly on butchering because it deals with gross dead animal carcuses
What is Slaughterhouse?
The desegregation plan ordered busing and said that no elementary school in the district could have less than 9 but more than 38% African American students. Upheld: gave school districts a toolkit that included busing and ratios.
What is Swann v. Charlotte Mecklenburg?
Who is Howard?
Congress has the broad authority to tax BUT cannot make use it to make penalties disguised as taxes. Offers three touchstones for when a tax becomes a penalty: (1) who is enforcing (2) knowledge (scienter) requirement (3) amount proportioned is not scaled in any degree
What is Bailey v. Drexel?
The first case that signaled the Court would get with the other "two horses," upheld a regulatory board dealing with fair labor standards
What is NRLB v. Jones & Laughlin?
States do not have the power to enact "class legislation." There will always be inequalities baked into the bargaining process.
What is Coppage v. Kansas?
Drew a distinction between de jure and de facto segregation... The Court viewed substandard educational opportunities and test scores at intercity schools as the result of personal choices and white flight
First case addressing the (then) newly passed 14th amendment, invoked Corfield as PIs plus all the rights set out in the 14th amendment
What is US v. Hall?
The Court endorsed the idea that Congress can spend for the general welfare BUT the amount of money involved cannot be coercive. Spending becomes coercive when the offer is too good to refuse
What is US v. Butler?
"The case that saved the Nine"
What is West Coast Hotel v. Parrish?
Police power must be reasonable and only extend to such laws as are enacted in good faith for the promotion of public good and not the annoyance or oppression of a particular group. In this case, the state was merely codifying preferences for comingling
What is Plessy v. Ferguson?
The remedy has to match the scope of the violation... a remedy for segregation cannot include reaching into innocent districts
What is Milliken v. Brady?