Constitutional Law | Binding Dicta | Red Pastel Blue | Scalia Dissents | Panda Panda Panda |
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Under U.S. law, the principle that a plaintiff in a suit must have a redressable, concrete injury fairly traceable to the defendant
Standing Doctrine
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He declared secession could not be legal, holding that the Constitution was intended to make the Union permanent. Also used the Guaranty Clause and the Take Care clause to say he would continue enforcing the law in all the states, as it was his duty
Abraham Lincoln’s First Inaugural Address
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Outlaws discrimination in civil rights between in-staters and out-of-staters by the states
The Privileges and Immunities Clause of Article IV
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Contains due process clause, privileges and immunities clause, equal protection clause, and more.
The Fourteenth Amendment
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Gives Congress the power to enact taxes and duties, but all direct taxes must be apportioned equally to the states
The Taxing Clause
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Based on natural rights, declared U.S. independence from Great Britain
The Declaration of Independence
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Refused to give Dred Scott his freedom, both by declaring he had no standing because Black people cannot ever be U.S. citizens or even people. Also said Congress could not outlaw slavery in the territories, because the Territories clause only applied to territories that existed at the time of the Constitution
Dred Scott v. Sandford
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a case is ripe if the record is mostly questions of law, rather than fact, and there is a likelihood of hardship without court consideration.
Ripeness Doctrine
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Created the substantial effects doctrine to allow regulation of minimum wage, other intrastate working conditions, and upheld the Fair Labor Standards Act
United States v. Darby
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Vests in Congress all legislative powers herein granted
The Vesting Clause of Article I
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The nondelegration doctrine case about sentencing commission guidelines, where SCOTUS held delegation was permissible because it was practical and there was enough principle there to guide
Mistretta v. United States
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SCOTUS ruled states cannot impose term limits for election of Congressional representatives, because they have no power to add to the Constitution's Qualifications Clause, and the power to elect is meant to belong to the people
U.S. Term Limits v. Thornton
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Restricted the privileges and immunities clause to only those privileges and immunities of national citizenship, not state.
The Slaughter-House Cases
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Asks whether a case is nonjusticiable because the controversy is between the political branches of the government
The Political Question Doctrine
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Upheld segregation under the claim of "separate but equal" for railroad cars, claiming that separate does not necessarily mean inferior
Plessy v. Ferguson
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Permitted the Congressional subpoena power to be as far as its right to legislate
Committee on the Judiciary, U.S. House of Representatives v. Miers
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Lincoln's Proclamation that freed the slaves only in rebeblling territories, under his power to make war as Commander-in-Chief
The Emancipation Proclamation
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Case saying the President does not have the power to remove officers from independent agencies, such as the FTC, as they have functions beyond the executive powers
Humphrey’s Executor
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Prosecution under the Sedition Act for criticizing the government, where the judge held the acts constitutional
Lyon’s Case
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Overturned a state ban on teaching languages before high school, because it violated the student, parent, and teacher's rights to liberty
Meyer v. Nebraska
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This case established that the courts have the right to review legislative acts for constitutionality, and did it all in dicta
Marbury v. Madison
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The original U.S. governing document, it functioned more as a treaty, with a weak central government, and more or less legally ended at the Constitutional Convention
The Articles of Confederation
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Necessary and proper has often been interpreted as "convenient" or "useful to" the enumerated power it is being used to suppoort
The Necessary and Proper Clause
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George Washington proclaiming that the U.S. was neutral in the England/France war and asserting his right to prosecute any who went against that neutrality
George Washington’s Proclamation of Neutrality
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Hamilton believed necessary and proper allowed a bank because a bank was convenient for Congress's money-related powers, but Madison disagreed, believing it was so important it would have needed to be an independent power
The Bank of the United States
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