Judicial Power
The case establishing judicial review
What is Marbury v. Madison
Things used to carry out interstate commerce ex. Railraods
What are instrumentalities
Can a state restrict bar admissions to residents based on PRIV and IMM Clause?
NO! Supreme Court of New Hampshire v. Piper
The Article protecting natural law in regards to not discriminating on state citizenship
What is Article 4
2024 Case regarding disarming someone if they pose a credible threat
What is US v Rahimi
An idea and obstacle of judicial review that says judges cannot decide cases that would require them to decide policy issues more left to other branches
Political Question Doctrine
Explain WICKERD v. Filburn and takeaways
What is farmer holding wheat for his family and it undermining Agricultural Adjustment Act. AGGREGATION DOCTRINE CAUSES SUBSTANTIAL EFFECTS ON INTERSTATE COMMERCE
Explain takeaways in Baldwin v. Game Commission of Montana
Hunting is not a fundamental right under the privileges and immunities clause. This is also about a limited resource where the residents get first claim on the resource. Hunting is not basic to the maintenance or well-being of the union.
Does the 5th Amendment restrain the states? Also state the case for this idea
Nope. Barron v. Baltimore
State at least 5 powers of the executive branch
What are
Pardon, state of the union speech, convene, both houses on extraordinary occasions, receive foreign ambassadors, veto, making treaties, commander of the Navy & Army, & appoint judges
The case and answer to if SCOTUS is able to hear a trial on impeachment.
What is Nixon v. US & NOT JUSTICIABLE. WE ARE NOT SAVIORS OF DEMOCRACY
Explain Nat Fed v. Sebelius
Affordable Care Act and if gov can enforce people to have health insurance. Answer Is Congress did not have power under CC or N&P to enact individual mandate
The court says that sovereignty comes from here in Curtis Wright
The Crown
Black argues for Total Incorporation in dissent of Adamson v. California. That means…
What is incorporating all of the Bill of Rights to be protected under the 14th Amendment versus selective incorporation
The two types of implied preemption
What are field and conflict preemption
The facts & takeaways of Muskrat v. United States
What is Divisions of land by Cherokee nation that has Congress passing jurisdiction court asking which is binding division. Takeaway is that Congress cannot authorize judicial review on an issue that is not a case or controversy. This was a set up by Congress
The state where Congress withheld highway funds to get the state to change its drinking age
What is South Dakota
The test for a privilege and immunities issue
What is clause does not preclude discrimination against non-resident where
1. There is a substantial reason for the difference in treatment.
2. The discrimination practiced against non-resident bears a substantial relationship to the states objective.
Explain Slaughterhouse Cases
Holding that 14th Am‘s Priv o Imm does not protect Bill of Rights so slammed that door to fit rights under the Due Process Clause
Explain the takeaways of West Coast Hotel v. Parrish (1937)
This was the case regarding a minimum wage to women and the due process clause of the 14th amendment. This shows a change in the and discusses how the Supreme Court decisions reflect the biases of the people at the time. It also goes to show a shift to the rational basis where we see that ends and means to end
The main taking of the test from Baker v. Carr
Textual commitments of the issue to a branch of government other than judiciary
other test aspects include impossibility of judiciary to resolve the issue w/o policy & lack of judicial standards for resolution of issue
Explain the entire Commerce Power with all three parts and the subsections of the last part
Wha is Congress May regulate
1. Channels
2. instrumentalities
3. Substantial effect: Economic v Noneconomic
Economic: Raional Basis and Aggreggate. Non: Rat basis and no direct police power
The three zones of executive power, and the case it comes from
Zone 1: authority from Congress
Zone 2: silence from Congress
Zone 3: Congress says no
Youngstown Sheet & Tube Co. v Sawyer
The Case discussing rational basis scrutiny in terms of different types of legislation and who gets different levels of protection. It also states the economic legislation is presumed to be constitutional, and it is upon the burden of the challenger to test the rational basis for legitimate end.
Carolene Products
Case overruled by US v Darby
What is Carter v. Coal Co.