U.S House of Representatives v. Burwell | Ely must have been high when he wrote this | Eezy Breezy Beautiful | Tide Podz | White People |
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Madison on the evils of faction, which he says can only be managed by a multi-tiered system in a large democracy, so no one faction can take over each of them
The Federalist No. 10
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Textual, structural, historical, past practice, precedent, functionlism/purposivism, consequentialism, and policy
The Types of Constitutional Argument
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U.S. citizens being held as enemy combatants at Gitmo are required to have only minimal due process when challenging the justification for holding them, because Congress authorized detention when passing the AUMF, according to this SC case.
Hamdi v. Rumfeld
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Congress upheld the ACA's individual mandate under the Tax power, saying it acts as a tax even though it is called a penalty, but not the Commerce Clause, as it would then give Congress the power to create economic activity, not just regulate it. Also struck down the Medican expansion as "coercive" because of the amount the states stood to lose
National Federation of Independent Business v. Sebelius
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Said that the question of district apportionment was not nonjusticiable and laid out six reasons why something might be.
Baker v. Carr
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Those who opposed the Constitution, largely out of a fear this stronger national government would trammel individual rights
The Anti-Federalists
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Used the Fugitive Slave Clause to overturn PA's ban on self-help for extraditing suspected runaway slaves, claiming this was an area dedicated solely to the federal government by the Constitution
Prigg v. Pennsylvania
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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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Held Congress's outlawing discrimination on the basis of race by a railway included not having separate cars divided by race
Railroad Company v. Brown
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The president was not allowed to remove an independent prosecutor, despite that person being able to exercise on their own the executive responsibility of prosecutorial discretion, because the prosecutor is an inferior office: has such limited powers, is under the Attorney General, and can be removed for good cause
Morrison v. Olson
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Banned slavery in the entire country
The Thirteenth Amendment
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Established substantive due process for the right to freedom of contact, to overturn a maximum-hour law for bakery workers
Lochner v. New York
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A broad grant of powers to the executive to use military force to track down the 9/11 conspirators and prevent future acts of terrorism against the U.S., which was used to allow ongoing wars in Iraq and Afghanistan
Authorization for the Use of Military Force after 9/11
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Held that the Migratory Bird Treaty was a permissible act, because the treaty power allows Congress to go outside its enumerated powers to regulate matters of national interest
Missouri v. Holland
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Congress has the power to spend money for the general welfare
The Spending Power
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Hamilton arguing George Washington had the right to proclaim neutrality, as he was only describing the current state, since Congress had not declared war, and because he believed the President had all the foreign policy powers of the king
Pacificus, No. 1
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The carriage tax case - defined direct tax as anything with the ability to be apportioned, and upheld the tax as indirect
Hylton v. United States
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The basis of our immigration system today, declares Congress has the power to deport immigrants because it is "inherent" in the country's status as a sovereign nation
Fong Yue Ting v. United States
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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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The FEC case - held that, because the power to appoint officers is solely held by the President, Congress cannot vest that power even partially in itself or anyone else
Buckley v. Valeo
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Under the presidential power to accept ambassadors, the Executive branch has the sole power to recognize foreign nations, including whether Jerusalem is part of Israel
Zivotovsky v. Kerry
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The first ten Amendments to the Constitution, listing the rights held by individual people under the federal U.S. government and leaving all other powers to the states
The Bill of Rights
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Gave district courts and school districts wide leeway in ending school segregation
Brown v. Board of Education II
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Separate but equal cannot be equal in schools, because segregation implies inferiority and creates substantial harm for the children.
Brown v. Board of Education I
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Found due process required only an administrative hearing, not an evidentiary one, before deprivation of a property right in disability payments
Matthews v. Eldridge
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