I dissent! (Or sometimes, I concur)
Dissent: "Our Constitution is color-blind and neither know nor tolerates classes among citizens."
(1) Held that African Americans were not and could not be citizens of the United States
(2) Overturned by this Amendment
What are (1) Dred Scott v. Sandford and (2) 13th Amendment?
Held that race may be used as a plus but schools cannot have rigid quotas. Introduces diversity as a compelling state interest and that laws must be narrowly tailored to achieve that goal.
What is Bakke?
Congress has the broad authority to tax but cannot make a tax disguised as a penalty. In this case, the tax was really a penalty bc (1) who was enforcing (2) knowledge (scienter) requirement (3) amount proportioned is not scaled in any degree (everyone was taxed 10% flat rate).
What is Bailey v. Drexel?
Example of originalism! The Court uses "history and tradition" as the touchstone for rights guaranteed by substantive due process. In other words, were these rights the framers of the amendment would have thought of?
What is the Dobbs v. Jackson majority?
What is Cardozo in Schechter Poultry?
(1) The separation of the two races is not a stamp of inferiority. Facilities may be separate but equal.
(2) Now we know that separation produces feelings of inferiority
What are (1) Plessy v. Ferguson and (2) Brown v. Board?
What is SFFA v. Harvard?
The individual mandate was held up because it passed 3 touchstones: (1) IRS was enforcing (2) there was no knowledge requirement and (3) it was scaled to income
What is Sibelius?
A sort of tortured originalism! Opinion uses the question of who were citizens at the time of the framing of the as a touchstone for citizenship. Goes to painful lengths to show it was not African Americans.
What is Taney in Dred Scott v. Sandford?
Concurrence: "It never ceases to amaze me that the Courts are so willing to assume that anything that is predominantly black must be inferior"
What is Thomas in Missouri v. Jenkins?
(1) Held that while a woman is not isolated in her right to privacy and the state may have a compelling interest in protecting future life, that compelling state interest does not override a woman’s right to chose until viability.
(2) Abortion laws are subject to rational basis like any other health and safety regulation. A state can prohibit abortion at any time during pregnancy.
What are (1) Roe v. Wade and (2) Dobbs v. Jackson?
The first time a majority signed on to diversity as a compelling state interest.
What is Grutter v. Bollinger?
A 15% tax could not be justified bc it is not imposed for the purpose of raising revenue but a penalty for compliance with regulatory provisions.
What is Carter v. Carter Coal?
Textualist argument!! The Constitution is not in Hebrew or Greek. It is written in english and complete in itself and only the paper itself with its own plainly-written purposes, is the Constitution.
What is Fredrick Douglas's response to Dred Scott?
Dissent: "The balance of which I speak is the balance struck by this country, having regard to what history teaches are the traditions from which it developed as well as the traditions from which it broke. That tradition is a living thing."
(1) Held that the state could not regulate minimum hours because there was an absolute freedom of contracts
(2) Upheld a state minimum wage law. Was a sweeping rejection of the previous era's view of natural pre-political order to markets and economic relationships.
What are (1) Lochner v. NY and (2) West Coast Hotel v. Parrish?
Schools can craft a critical mass. A critical mass is different from a quota because (1) quotas are schemes where only members of a certain race can compete for a reserved number of spots (2) critical mass considers everyone on an individualized basis
What is Grutter v. Bollinger?
Spending power has to be on the right side between encouragement and compulsion. Cannot make federal money conditioned on losing a separate and independent program of federal funding if you don’t accept this one.
What is Sibelius?
A living constitution! The Constitution is dynamic and evolves as society changes and values:
"The balance of which I speak is the balance struck by this country, having regard to what history teaches are the traditions from which it developed as well as the traditions from which it broke. That tradition is a living thing."
What is Harlan dissent in Poe v. Ullman. Attached to Griswold as a concurrence.
Dissent: "Whatever abstract tests we may choose to devise, they cannot supersede-and indeed ought to be crafted so as to reflect-those constant and unbroken national traditions that embody the people's understanding of ambiguous constitutional texts."
AND (different case)
Dissent: "Profound disagreement existed among our citizens over the issue, as it does over other issues, but those disagreements are being worked out at the state level."
What is Scalia in VMI and Casey?
(2) The distinction between articles that are themselves innocent and those that are harmful is novel and unsupported. We are done with the distinction between manufacturing/commerce and direct/indirect distinction.
What are (1) Hammer v. Dagenhart and (2) US v. Darby?
Called diversity touchstones, which were similar to those laid out in an earlier case, amorphous and unmeasurable.
Spending power can be used to provide for the general welfare, which is broader than the commerce clause. However, in this case, agriculture is an area reserved for the states and the amount of money involved is coercive.
What is US v. Butler?
Precedent (stare decisis)! Cannot overturn a prior decision unless there are good reasons to. Questions to as are is current precedent unworkable, has it been eroded by subsequent precedent that undermine its force, have the facts or understanding of them changed, and what are the reliance interest. In this case, the Court chose to adhere to stare decisis, finding that none of these factors were present.
What is Casey v. Planned Parenthood of PA?