Libertarian Problems | Do you have an opinion on that, Mr. Agarwal? | Buckley is the name of my sister's boyfriend's old dog | Fuck the sedition act | Communism is red and red is love |
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Said the President can remove a postmaster at will, without Senate approval
Myers v. United States
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Allows Congress to regulate interstate commerce - has expanded significantly thanks to the aggregation principle and substantial activity doctrine
The Commerce Clause
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Found the 14th Amendment did not protect a woman's right to vote, because it was never meant to cover voting rights
Minor v. Happerset
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Not treaties, not ratified by Congress, but can sometimes have the force of law
Executive Agreements
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Wrote Lincoln's First Inaugural into Supreme Court precedent, saying secession was illegal and thus the states in rebellion never left the union
Texas v. White
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Overturned the private cause of action under the VAWA, claiming that an affirmative, rather than corrective, remedy is not an acceptable use of the Equal Protection clause
United States v. Morrison
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Two acts passed by an early Congress that Democratic-Republicans believed interfered with freedom of speech and other rights, and the states attempted to oppose on Constitutional grounds
The Alien and Sedition Acts
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The part of the Constitution making the President in charge of all the military services, and giving him the ability to conduct wars
The Commander in Chief Clause
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The Senate rule allowing senators to talk continuously, which requires a 2/3 cloture vote to end, although rules only require a simple majority to change
The Filibuster
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Held that a decision to revoke money must be made for a reason germane to why the money was to be sent there, and that highway safety money could not be revoked because of drinking age laws. Limited Congress's power to use the spending power to "coerce"
South Dakota v. Dole
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Under the word "liberty" in the 14th Amendment, barred states from banning private education because of interference with the liberty of choice in education
Pierce v. Society of Sisters
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Congress had the power to enact the Civil Rights Act of 1964 under the Commerce Clause because allowing discrimination has a deleterious affect on travel and thus commerce
Heart of Atlanta Motel v. United States
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The Commerce Clause does not extend to things too attenuated from commercial activity, including whether guns are allowed near schools
United States v. Lopez
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This case found women do have a right to an abortion because of the privacy right found in the penumbra of the 4th Amendment, which the government can't take away without due process of law, under substantive due process
Roe v. Wade
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Under the Recess Appointments Clause, found that an appointment must be made during an actual recess of at least ten days with no sessions, including pro forma sessions, and the vacancy must occur during the recess.
National Labor Relations Board v. Noel Canning
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This case held that the President could act as Commander-in-Chief even before Congress officially declares war
The Prize Cases
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An extradition clause that only applied to runaway slaves, meant to mollify the Southern states who were concerned about Northern abolitionists
The Fugitive Slave clause
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Jefferson's first election to the presidency and his following acts of prosecutorial discretion and official pardons, based on a belief the Alien and Sedition acts were unconstitutional
The Election of 1800 and Jefferson’s Pardons
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Found that Congress does have the power to abolish lower courts, because they have the power to create them
Stuart v. Laird
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State power is closer to the people, more specialized, and allows for competition, but federal power can control for negative externalities between states and "races to the bottom," plus allows for economies of scale
The Economics of Federalism
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A widely-derided SC case authorizing the internment of Japanese-Americans during WWII as deference to military authority during wartime
Korematsu v. United States
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Gave Congress the power to regulate territories and make new states
The Territories Clause
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During George Washington's Presidency, disagreement between SecState Jefferson and SecTreasury Hamilton over whether the U.S. should stay neutral in the war between England and revolutionary France
The Neutrality Controversy
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Found the 14th Amendment did not support the Civil Rights Act of 1875, because it could only be used to regulate state action (The State Action Doctrine)
The Civil Rights Cases
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The boat case - held Congress could regulate ferry traffic within a state because of the effect it has on interstate commerce
Gibbons v. Ogden
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