Justiciability
Decided in 1962, this case sets out six factors for deciding whether there is a Political Question. Hint: SCOTUS expanded their reach, generally, in an unprecedented way in this case, with Justice Brennan writing the majority opinion.
What is Baker v. Carr?
The major trends of this "Era" include SCOTUS' clear and consistent opposition to the expansion of the Commerce Clause and its application. The court tried to curb the reach of the federal government, sometimes resulting in arbitrary distinctions about what is/isn't considered commerce.
What is the Pre-1937 or Pre-New Deal Era?
Article 1 Section 8 of the Constitution. This Clause expands Congressional authority by giving Congress powers not explicitly stated in the Const., rather it is an implied power, as reiterated in McCullough v. Maryland (1819).
What is the Necessary and Proper Clause?
This act was based on Congress' Commerce Clause powers and was used to prohibit racial discrimination because of its effects on interstate commerce. Most notably reiterated in Heart of Atlanta Motel v. U.S. (CJ Warren, 1964).
What is the Civil Rights Act of 1964?
This diva has a five octave vocal range, is the third best selling female artist of all time, and is Ellie's ideal exotic vacation companion.
Who is Mariah Carey?
To have this, three factors must be present:
1. injury-in-fact
2. causation
3. redressability
What is standing?
In this 1995 case, with CJ Rehnquist delivering the majority opinion, SCOTUS established three categories of activities Congress may regulate under the CC: channels of interstate com, instrumentalities of interstate com, and INTRA-state activities having a substantial relation to interstate com.
What is U.S. v. Lopez?
This Amendment reserves all powers to the states that are not expressly given to the feds. It preserves the weight of the States' Police Powers and limits Congress to passing laws under powers specifically given to them (the feds) by the Const.
What is the Tenth Amendment?
This Amendment prohibits Federal and State governments from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude."
What is the 15th Amendment?
Although very cute and near extinction, Ellie is very allergic to this animal.
What are bees?
What are Advisory Opinions?
In this 1937 case, which Justice Hughes delivering the Majority opinion, SCOTUS held that there must be a "close and substantial relationship" to commerce, which makes Congress' authority to control the activity appropriate in order to protect the country from the "burdens and obstructions" of commerce.
What is NLRB v. Jones and Laughlin?
The holding in this case, decided in 1819 (CJ Marshall), states that Congress has the Constitutional authority to create a federal bank based on the Supremacy Clause (among other clauses).
What is McCullough v. Maryland?
This Amendment addresses the rights of citizens and includes one of the most commonly litigated phrases, "Equal Protection," featured prominently in Brown v. Board of Ed (segregation) and Univ. of Cal. v. Bakke (racial quotas in education).
What is the 14th Amendment?
Their names are Tina, Janet, Cola, and Allen.
Who are Ellie's cats?
This doctrine reflects constitutional limits and prudential concerns. It seeks to separate out matters that are premature (i.e. when the injury is speculative) by asking whether the controversy has begun yet and, thus, subject to judicial review.
What is Ripeness?
U.S. v. Darby (1941, Justice Stone), challenged the Constitutionality of the FSLA of 1938, which prohibits the interstate shipping of goods made by employees making less than the national proscribed minimum wage and also relaxed the standard for interpreting "among the several states" using this test.
What is the Substantial Effects Test?
The opinion put forth by CJ. Story in this 1810 case was used by SCOTUS in Cooper v. Aaron (1958) to reiterate the Supremacy Clause and say definitively that SCOTUS has the power to review state court determinations of federal law but not state court determinations of state law.
What is Martin v. Hunter's Lessee?
Prior to this 1968 case, with CJ Warren delivering the majority opinion, Congress could not regulate private conduct for the purpose of tamping down racial discrimination.
What is Jones v. Alfred H. Mayer Co.?
This is Ellie's favorite type of sandwich, usually topped with American cheese and accompanied by a pickle.
What is Tuna Salad?
In this case, decided in 1993, the plaintiff argued that the Senate's procedure violated Article 1 Section 3 of the Constitution: "The Senate shall have the sole power to 'try' all impeachments." The court held that the issues in this case were non-justiciable/a political question.
What is Nixon v. U.S.? (Rehnquist Presiding; be cautious with dates/presiding justices as there are multiple Nixon cases)
This "Era" is characterized by a reining in of Congress' Commerce Clause power with the Chief Justice of the Era giving deference to state autonomy, as he favored a more robust protection under the Clause that empowers the states and limits the feds.
This Chief Justice presided over many early landmark cases on the Separation of Powers and balance of Federalism and was known for construing federal Congressional powers broadly to limit the authority of state governments, for fear the states would impede the federal government.
Who is Chief Justice John Marshall (1755-1835)?
Even though SCOTUS found in this 1964 case that the Defendant-business's conduct had no significant effect on interstate commerce, they emphasized that black folks generally did not go to segregated establishments and that was enough to affect interstate commerce, making it subject to regulation by Congress under the Commerce Clause.
What is Katzenbach v. McClung? (or the Ollie's BBQ case)
While still a lovely country, this European nation will not allow Ellie within its borders until she pays that outstanding ticket from five years ago.
What is Switzerland?