Eras/Theories of interpretation
Who are the Anti-feds?
This clause has been under constant debate
What is Article I, section 8, Clause 3
This article outlines executive powers
What is Article II?
This level of scrutiny applies to most laws and requires only a rational relationship to a legitimate government interest
What is rational basis review?
This case established the power of judicial review.
What is Marbury v. Madison?
This groups interprets the constitution as its true meaning as understood back then
What are Origonalists/Textualists
This case created a test that allows congress to regulate intrastate commerce if the activity is economic in nature... give case and test
What is Wickard v. Fillburn? What is aggregated effects test?
When a president acts with express or implied authorization from Congress
What is Max authority?
This case required an “exceedingly persuasive justification” for gender-based classifications... what justice said this?
What is United States v. Virginia? Who is RBG?
This case introduced the “close and substantial relationship” test for intrastate activity
What is Houston East & West Texas Railway Co. v. United States?
This amendment is a prime example of what the anti-feds were concerned about... it no longer functions as it should
what is the 10th amendment
This case eventually was upheld through the lens taxing for general welfare... This justice found it constitutional under the taxing powers
What is NFIB v. Sebelius (Obama care)? Who is Justice Roberts?
This case created a three tier presidential immunity framework... give case name and framework
Trump v. US
Framework
Absolute immunity – acts within the president’s exclusive constitutional authority.
Presumptive immunity – other official acts.
No immunity – private/unofficial acts.
This is the difference between a facially discriminatory law and a facially neutral law with discriminatory effects
What is disparate impact?
This case described the 10th Amendment as a “truism.”
What is United States v. Darby?
This person believe the constitution should be interpreted with society... this approach has the following issues: courts could have too much power and we must consider the high bar set for ratification
Who is Justice Bryer? What is Living Constitutionalism?
This case involved a state trying to regulate liquid waste by prohibiting waste dumping in only their state... Court held that this regulation facially discriminated ..... and the court used a test used to determine this regulation was not allowed
What is the Pike Test?
1. Is the state regulation of local activity discriminatory to interstate commerce?
2. Are there burdens on interstate commerce?
What is Philly v. NJ
This type of presidential conduct receives no immunity, even if it occurs during time in office
What are private/unofficial acts?
A law does not classify on its face but disproportionately harms a minority group. The Court applies rational basis unless this additional showing is made.
What is proof of discriminatory intent?
This case allowed Congress to regulate intrastate activity with a “close and substantial relation” to interstate commerce
What is NLRB v. Jones & Laughlin Steel Corp.?
1. 1937-Now
2. 1789-1868
3. 1869-1937
1. What is Modern Progressive Era
2. What is Small R
3. What is Classical Liberalism
This category permits regulation of things like trucks, trains, and planes, even when the threat comes from intrastate activity.
What are the instrumentalities of interstate commerce?
This case rejected the argument that the President has inherent authority to seize private property during wartime absent congressional authorization
What is Youngstown v. Sawyer
This is the main difference between strict scrutiny and intermediate scrutiny in terms of the means-end fit
What is “narrowly tailored” vs. “substantially related”?
This case extended anti-commandeering by prohibiting Congress from requiring state officers to enforce federal law
What is Printz v. United States?