Commerce
This seems to be the case that Justice Clarence Thomas very badly wants to overturn
a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court review whether the detention is lawful
habeas corpus
This case struck down Religious Freedom Restoration Act at least as it applied to the states
City of Boerne v. Flores (1997)
This is the narrow numerical balance of rulings in the first two cases with limits on the commerce powers since ~1937
5-4 in both US v. Lopez and U.S. v. Morrison
What case does the government cite to justify trial by military commissions of unlawful combatants?
Ex Parte Quirin (1942)
In dissent, this justice writes this of the Hobby Lobby Decision: "In a decision of startling breadth, the Court holds that commercial enterprises, including corporations, along with partnerships and sole proprietorships, can opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs"
Justice Ginsburg
Because, in part, President Obama insisted that the individual mandate was a penalty, not a tax, the government relied primarily on this clause or power
The Commerce Clause (vs. the federal taxing powers) (although Justice Roberts upholds the individual mandate as a use of the taxing power for regulatory purposes NOT on the basis of the commerce clause)
This case determined by a 5-4 vote that Congress could not deprive Guantanamo Bay detainees of their right to habeas corpus.
Boumediene v. Bush
This case upheld the constitutionality of the use of public vouchers to pay for children to attend private schools, including parochial schools
Zelman v. Simmons-Harris (2002)
In distinguishing coercive federalism from cooperative federalism, the court differentiates the Medicaid expansion provisions of the ACA from this case we've read this semester
South Dakota v. Dole
In his dissent to this case, Justice Thomas argued executive that in this context due process requires nothing more than a good-faith executive determination -- acting pursuant to statutory and constitutional authority, the executive can unilaterally decide to detain an individual if the executive deems this necessary for the public safety even if he is mistaken. In other words, national security powers permit these detentions without civilian court review
Hamdi v. Rumsfeld (2004)
This case was decided on statutory grounds rather than constitutional free exercise claims
Burwell v. Hobby Lobby Stores
Neither of these justifications for congressional authority to pass VAWA's statutory provisions allowing victims of gender violence to sue for damages in federal court were accepted by the SC in US v. Morrison
commerce clause grounds and congressional power under Section 5 of the Fourteenth Amendment
These two laws were seen to violate habeas corpus in Boumediene v. Bush; establishing some limitations on the administration's approach to the appeals process
Detainee Treatment Act of 2005 and Military Commission Act of 2006
Contra Smith, religious conservatives hoped the RFRA would return to this case's approach to free exercise. This case ruled that individuals could claim a constitutional exemption from laws that substantially burden religious practices unless they are justified by a compelling government interest
Sherbert v. Verner