Name that Case
Established Judicial Review
Marbury v. Madison
Referring to past cases already decided.
Precedent
To take oneself out of deciding a case (when you're a judge).
Recuse
Where the Commerce Clause is located in the Constitution
Article I, Section 8
The Amendment that Abolished Slavery
13th
Legalized segregation in America.
Plessy v. Ferguson
Looking ahead to the future impact of this reading of the Constitution.
Prudential Concern
Rules that regulate the conduct of a community, often enforced by a controlling authority through penalties.
Law
Case that established that Congress can regulate "every species of commercial intercourse that concerns more states than one"
Gibbons v. Ogden
Section 2 of the 13th, Section 5 of the 14th, and Section 2 of the 15th Amendments
The enforcement Clauses
A farmer's extra wheat that he plans to not sell and consume himself is still able to be regulated by Congress, per the Commerce Clause.
Wickard v. Filburn
Looking to what the Founders thought about this part of the Constitution when it was drafted.
Intent
A single written document that explicitly creates government institutions, defines the scope of government power, and guarantees certain civil liberties .
Constitution
Passed using the Commerce Clause to regulate discrimination in public places, schools, and federally funded organizations.
Civil Rights Act of 1964
Due process; equal protection; citizenship; enforcement; and public debt
Clauses of the 14th Amendment
Congress may not regulate violence against women because it infringes upon the states' police power and they didn't get enough findings to show how it has to do with commerce.
US v. Morrison
The definition of the word in the clause of the Constitution.
Text
The Supreme Court's power to declare acts of Congress unconstitutional.
Judicial Review
Case where the Supreme Court stated that local things can be regulated by Congress because in the aggregate they affect Commerce.
Wickard v. Filburn and/or Raich v. Gonzales
An attempt to strike down Section 2 of the Civil Rights Act as unconstitutional. (2 cases)
Heart of Atlanta Motel and Ollie's BBQ
Congress has implied powers in the Constitution.
McCulloch v. Maryland
Looking to what power the Constitution gave a particular branch of the government or to the states.
Structure of Government
The specific powers granted to the United States federal government by the Constitution.
Enumerated Powers
Where the Supreme Court finally struck down an act of Congress passed under their Commerce Clause power because they didn't provide enough findings and evidence to support passage of the act under said power.
US v. Lopez
Gave Congress the power to pass the Voting Rights Act