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Federalism
Commerce Power
Commerce Power 2
Early American History
The Marshall Court
100
This is the belief that you read the constitution as it was written
What is Textualists/Originalists
100
This case was the first case that led to the enlargement of the commerce power and was in this year
What is Jones & Laughlin Steel (1937)
100
In U.S. v. Lopez, the Supreme Court found that there were these three instances in which Congress can rule under the commerce power
What is a. Regulate Channels of Interstate Commerce b. Can Regulate and protect instrument of interstate commerce c. Substantially affect interstate commerce (rational basis)
100
Professor Jacob envisions that the government at the founding was set up in this shape
What is triangles
100
This early famous case (name case), is considered to be a brilliant move by John Marshall, however it wasn't for these reasons (name as many as you can
What is i. No jurisdiction, so should have be dismissed and not analyzed on the merits ii. If conventional wisdom (above) is true → Marshal is guild of the worst judicial ethics violation iii. Because of Marshall’s role in the case (Sec. of State under Adams) → he should have recused himself 1. Whole thing was his fault → he didn’t deliver the order 2. How can he be objective iv. Appointment was valid under the constitution v. Jefferson (Madison) shouldn’t be fighting 1. Jefferson could just fire him → Marbury is an executive branch employee vi. Mandamus is not the right relief → in employment cases, the right damages is money damages vii.Judiciary Act does not actually violate the constitution
200
This is the belief that the constitution is a living document
What is Living Constituionalism
200
This case in this year dealt with the aggregation principle
What is Wickard (1942)
200
The 2005 case that made it uncertain whether or not the Rational basis test applies issue was over this
What is Medicinal Marijuana in CA
200
The Southern states wanted to count slaves as population, while the northern states didn't, the result was this
What is the 3/5ths compromise
200
Chisolm v. GA dealt with this issue
What is Sovereign Immunity of States
300
This paper, written by James Madison, describes the problem of factions
What is Federalist 10
300
The Heart of Atlanta Motel and Katzenbach cases brought about this test by the Supreme Court
What is Rational Basis test
300
In order to get around the commerce power issue, in this case (name the case), Congress used a conditional grant to force states change this rule
What is South Dakota v. Dole and the minimum drinking age to 21
300
The first governing document of the United States
What is the Articles of Confederation
300
This case dealt with the national bank controversy, Supreme Court justified through this clause
What is McCulloch v. Maryland, Necessary and Proper
400
This document, written by Hamilton, describes the judiciary as the least harmful branch
What is Federalist 78
400
This case surprised everyone in 1995 because it actually scaled back the commerce power, another case shortly followed
What is Lopez and Morrison
400
The five conditions that must be met for a conditional grant to be valid
What is 1. Spending Power must be pursuant to the general welfare (but will defer to congress) 2. Condition must be unambiguous (“be up-front”) 3. The restriction must be substantially related to the bill 4. No other specific constitutional provision banning (Basically can’t force the states to violate the constitution) 5. Reasonable enough that the states have a choice (Can’t be an offer they can’t refuse)
400
These two states held out from ratifying the constitution
What is NC and RI
400
Marbury was seeking this relief in Marbury v. Madison
What is Mandamus
500
The two things that have lead to the decline of federalism
What is the 17th Amendment (direct election of Senators) and the enlargement of the Interstate Commerce Power
500
The Rational Basis test was all but dead after 1995, until this case in 2005
What is Gonzales v. Raich
500
While the majority struggled with this one of the five conditions laid out in SD v. Dole, O'Connor in her dissent struggled with this issue
What is Maj. - Condition 4 - no specific constitutional provision banning (21st Amendment) Dissent (O'Connor) - Condition 3 - The restriction must be substantially related to the bill
500
These three reasons are laid out in Marbury for why to follow the constitution
What is i. Constitution text is supreme ii. Interpretative Independence of each branch 1. None supreme to another 2. Cannot defer to congressional judgment iii. Oath of Office (of each branch) → to the Constitution, NOT congress