Commerce Clause
In Heart of Atlanta Motel (1964), the Supreme Court upheld this statute on the basis of Congress' authority to regulate interstate commerce.
What is the Civil Rights Act of 1964?
This theory proposes that Article II's "vesting clause" vests all of the executive power in the President. Not some of it. All of it.
What is unitary executive theory?
The US Constitution creates this many courts.
What is one Supreme Court?
Who are the anti-federalists?
The era during which the 16th, 17th, 18th, and 19th amendments were added to the Constitution.
What is the Progressive era?
In Hammer v. Dagenhart (1918), the Supreme Court ruled that Congress could not ban this practice on the basis of its authority to regulate interstate commerce.
What is child labor?
In Youngstown Sheet & Tube Co. v Sawyer (1952), the Supreme Court forbade Harry Truman from seizing these in the midst of the Korean War.
What are steel mills?
This 1935 case ruled that Congress can limit the President's authority to remove the heads of independent agencies.
What is Humphrey's Executor v. US?
This is the common name for the states' powers to regulate health and safety under the 10th Amendment.
What are police powers?
The New Deal put an end to this era of constitutional interpretation, named for a 1905 Supreme Court case.
What is the Lochner era?
In Wickard v. Fillburn (1942), the Supreme Court abandoned the prevailing Gilded Age standard for evaluating Commerce Clause cases -- which distinguished between activities that have a "direct" and "indirect" effect on interstate commerce -- and replaced it with this new standard.
What is substantial effect (or the "aggregation principle")?
According to this doctrine, the President is the exclusive representative of the United States in foreign affairs.
What is the "sole organ" doctrine?
In INS v. Chadha (1983), the Supreme Court determined that this was unconstitutional, despite the fact that it appeared in more than 200 statutes at the time.
What is the legislative veto?
According to this doctrine, the federal government cannot compel states to expend resources to enforce federal law.
What is the non-commandeering (or anti-commandeering) doctrine?
This is the name for the philosophy of constitutional interpretation promoted by conservative lawyers and judges in response to the Warren Court's "rights revolution."
What is originalism?
This 1995 case overturned the Gun Free Schools Zones Act and was the first time the Supreme Court announced limits to Congress' authority to regulate interstate commerce since the 1930s.
What is US v. Lopez?
In Trump v. US, the Supreme Court ruled that the President is granted absolute immunity when exercising these powers.
What are core constitutional powers?
In this 1988 case, Justice Antonin Scalia issued a scathing dissent that deemed the Ethics in Government Act to be unconstitutional. "The context of this statute," he wrote, "is acrid with the smell of threatened impeachment."
What is Morrison v. Olson?
In Shelby County v. Holder (2013), John Roberts claimed that Section 4 of the Voting Rights Act of 1965 conflicted with this constitutional principle.
What is the equal sovereignty of the states?
The three Reconstruction Amendments each end with a clause granting Congress the power to enforce the amendment by this.
What is "appropriate legislation"?
In this New Deal era case, the Supreme Court broke with Gilded Age precedent (e.g., US v. EC Knight) in ruling that Congress could pass national labor legislation.
What is National Labor Relations Board v. Jones (1937)?
This Congressional resolution from September, 2001 authorized the President to "use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001."
What is the Authorization for Use of Military Force of 2001 (aka: AUMF)?
In J.W. Hampton v. US (1928), Justice Taft held that legislative delegation was constitutionally valid so long as it followed this.
What is an intelligible principle?
This is the name for a movement among legal conservatives that sought to devolve more power to the states during the 1970s, 80s, and 90s.
What is the New Federalism?
This 1901 case overturned the doctrine -- which had first been introduced in Dred Scott v. Sandford (1857) -- that "the Constitution follows the flag."
What are the Insular Cases (or Downes v. Bidwell)?