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Con Law
25 cards·by XanderM16
McCulloch v. Maryland 7-0
Yes, under the necessary and proper clause. No a state cannot tax a federal bank.
Gibbons v. Ogden 7-0
No, the NY monopoly was unconstitutional under the supremacy clause. Commerce is defined
broadly here.
United States v. E.C. Knight 8-1
Can Congress suppress a monopoly? No. Commerce is defined as excluding the manufacturing.
Hammer v. Dagenhart 5-4
Congress cannot regulate interstate commerce of goods produced using child labor. Again,
manufacturing is not commerce.
NLRB v. Jones 5-4
Commerce now includes power to regulate manufacturing as long as the activity substantially
affects interstate commerce
U.S. v. Darby Lumber 9-0
Established minimum wage. Congress can now forbid shipment of goods in interstate commerce
if the employees are paid less than minimum wage.
Wickard v. Filburn
Congress can regulate any activity that may have an indirect effect on interstate commerce.
Even if not technically commerce or interstate.
Heart of ATL Motel v. U.S. and Katzenbach v. McClung
Commerce now includes power to prohibit racial discrimination in public places as long as
activity has direct and substantial effect.
U.S. v. Lopez, U.S. v. Morrison
Commerce is now limited to 1. The channels of interstate commerce, 2. Instrumentalities,
things and persons in interstate commerce, and 3. C
Gonzalez v. Raich
Commerce extends to regulate marijuana. Home consumption has an effect on supply and demand
South Dakota v. Dole
This established that Congress may place conditions that must be met on grants to state and
local governments.
NFIB v. Sebelius
Congress reserves the constitutional right to use to power to tax in the individual mandate.
Cooley v. Board of Wardens
States may regulate commerce that is local in nature and those which did not require
uniformity Congress.
Concurrent Power
A power that belongs to both Federal and State
Dormant Power
Only Congress may regulate interstate commerce (Commerce is exclusive)
Mutual Exclusivity
States get to regulate intrastate and Federal regulates interstate.
Selective Exclusivity
Congress may regulate those things that require national uniformity.
Southern Pacific Company v. Arizona
Under the commerce clause, a state law that puts significant burden on interstate commerce in
in violation.
Martin v. Hunter’s Lessee
State courts are bound by the Constitution and all federal laws in pursuance thereof.
Cooper v. Aaron
State courts are bound by the constitution AND the Supreme Court of the U.S. gets to determine
what the interpretation of the Constitution i
Goumillion v. Lightfoot
Alabama city did violate the 15th amendment by denying all but a handful of Blacks from voting
by redrawing the city lines in a 28 sided way
Wesberry v. Sanders
Georgia violated the 14th amendment by unequally distributing the populace in each district
so that some votes counted more than others. Rep
Reynolds v. Sims
The Court struck down state senate inequality, basing their decision on the principle of "one
person, one vote."
Hunt v. Cromartie
Despite heavy evidence supporting that race was a factor in the drawing of North Carolina’s
districts, race was NOT the PRIMARY factor.
Vieth v. Jubelier
Political Gerrymandering in nonjusticable because there is still not a standard for
adjudicating the claims. Fairness cannot be determined b