RBG is my favorite justice | Things with v in the title | Daily Iced Coffee | When he pauses and looks down at his paper after answering a question | Things to have an opinion on |
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Case about prosecutorial discretion, which said that a federal prosecutor can, under the Take Care clause, write but refuse to sign an indictment by a grand jury
United States v. Cox
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Ex post facto only applies to criminal laws, because it is a legal term of art
Calder v. Bull
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Congress has the power under necessary and proper and vague "inherent" powers to make paper money
Knox v. Lee
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Based originally on the 13th Amendment, the 14th was created in part to codify it in the Constitution. Was interpreted only to apply to state action until 1967
The Civil Rights Act of 1866
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Held SCOTUS cannot issue advisory opinions, when requested to do so by SecState Jefferson on behalf of President Washington
The Correspondence of the Justices
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Madison, anonymously, arguing the President has no constitutional right to proclaim neutrality because the power to declare war, and thus the power to declare the state of the country, falls to Congress
Helvidius, Nos. 1 & 2
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Ruled the line-item veto unconstitutional because it would create, as a law, a bill different than the one passed by both houses of Congress, which violated the law-making passages of the Constitution
Clinton v. City of New York
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Under Congress's legislative power, the idea that it cannot pass law-making power to another group without an intelligible principle about how to use that power
The Non-Delegation Doctrine
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Hamilton on the need for a strong executive: unity, energy, independence and law-enforcing
The Federalist No. 70
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Held that women had no right under Equal Protection to be admitted to the bar, because women are not entitled to pursue a calling and are not fit to work in the law
Bradwell v. Illinois
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What is A procedural due process case that said due process does not always mean a court proceeding, but anything that would have worked under English common law or common Congressional practice
Murray’s Lessee v. Hoboken Land and Improvement Co.
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The power to make (president) and ratify (congress) treaties allows the federal government powers to make laws beyond those enumerated, and those laws become the supreme law of the land
The Treaty Power
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Held that bans on Black people serving on juries was a violation of Equal Protection, because everyone had a right to be seen equally under the eyes of the law, and to be tried by a jury of their peers
Strauder v. West Virginia
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Which powers are reserved to the federal and state governments, based on the enumerated powers in the Constitution and the 10th Amendment, plus 200 years of practice.
Categorical Federalism
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Jackson vetoed the Bank, believing it was unconstitutional and went beyond the government's enumerated constitutional powers.
Andrew Jackson, Veto Message on the Bank
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Held to be always a political question - guarantees a republican form of government to the states
The Guarantee or Republican Form of Government Clause
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Held that a refusal to pay certain employees was a bill of attainder, and thus banned, because it was meant to punish those people
United States v. Lovett
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Held that the question of partisan gerrmandering was a purely political question, as it was dedicated solely to the legislature, and had no judicially manageable standards of resolving
Vieth v. Jubilirer
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Held married couples' privacy rights keep the government from banning contraception use, using the theory that the Bill of Rights creates penumbra of rights, which cannot be infringed upon under the substantive due process doctrine
Griswold v. Connecticut
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Hamilton's belief that the judiciary is the least dangerous branch to individual rights because it holds neither the power of purse nor sword
The Federalist No. 78
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In U.S. v Windsor, the government had standing to defend a law it believed was unconstitutional, because they would suffer the concrete injury of lost tax revenue were it overturned
United States v. Windsor
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The wheat case - even wheat grown for personal consumption can be subject to federal quotas because, in aggregate, it 'overhangs" and affects the market
Wickard v. Filburn
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The power to appoint senior officials of the administration - solely held by the executive
The Appointment Power
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Case where SCOTUS said Congress cannot exclude a delegate who meets Constitution's qualifications, even though they have the power to expel, because the list of qualifications is exhaustive and Congress has no power to make up more
Powell v. McCormack
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Holds that agency discretion, where an agency has a blanket policy of refusing to enforce a law, is unconstitutional under the Take Care clause
Adams v. Richardson
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