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Poli Sci #2


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Missouri v. Holland (1920)
'Duck Hunting'
'Supremacy Clause [Article VI Section 2]'

- Congress tried to regulate hunting of migratory fowl.
- Sup. Court struck down federal laws "geese are not a part of interstate commerce and therefore are not under the jurisdiction of the gov't.
- In 1916, US entered into a treated btwn the UK & Canada regulating the hunting of geese.

- Federal game warden Marshall tried to enforce a law regulating hunting of geese.
- Missouri brought a lawsuit against him

- Can congress pass laws under treat that restricts what states can do?

- B/c law is under a treaty, it is now constitutional, even though by itself it is not.

**Supremacy clause (Article 6 Section 2)
McColloch v. Maryland (1819)
- controversy over the creation of a bank.
- Hamilton (sec. of treasury) said bank needed to be established. Jefferson said bank couldn't be established because it wasn't called for in the Const.
-Hamilton is a loose constructionist, Jefferson is a strict constructionist

- 1st bank was about to expire in 1816. Congress had to create new bank.
- States were mad b/c they wanted exclusive right over regulation of banks
- Maryland placed tax on US bank branch operating within its borders in protest.
- James McCulloch refused to pay the tax.

- Can state gov't tax the federal gov't?
- Can federal gov't create bank when it's not provided for in the Const.

- 1st question: NO! "The power to tax involves the power to destroy" -- Justice John Marshall
(intergovernmental tax immunity= state & nat'l gov'ts don't tax eaach other)

- 2nd question: YES! Banking system is a national outgrowth of powers
****Necessary & proper clause (elastic clause) - Article I section 8
Cummings v. Missouri (1867)
"Test Oath Laws"
'Rule of Attainder' [prohibited by Article I, Sec. 9-10]

- After Civil War, Northern republicans established 'test oath' laws. Before you could become a professional in Missouri, you had to swear that you'd neither sympathized with nor aided the South.

- Father Bernard Cummings refused to take the test and could not get his license. Was fined and imprisoned for preaching without a license.


- Sup. Court struck down test oath laws because confederate sympathizers were singled out and punished.

** Test Oath laws were a RULE OF ATTAINDER (prohibited by article I, sections 9-10)
Marbury v. Madison (1803)
'unappointed judges case'

'writ of mandamus' (through Federal Judiciary Act)
"A law repugnant to the Constitution is null and void" --John Marshall

Federal Judiciary Act (Section 13) passed in 1789 allowed the supreme court to issue a writ of mandamus to compell a public official to do his job.

After Jefferson defeated Adams, Adams tried to appoint as many judges as possible before his term ran out. Not all the appointments went through. Marbury (one of the supposed to be appointees) sued Sec. of State James Madison in order to get appointed.

- Was Marbury entitled to the position?

- YES! BUT! Sup. Court can't rule on case because Congress exceeded its boundaries with the Federal Judiciary Act Section 13

** When a law passed by Congress conflicts with the Const., the Const. overrides.

1st time Sup. Court **DECLARED** something to be null and void instead of just interpreting.
Gitlow v. New York (1925)
Bill of Rights became applicable to state gov'ts
Barron v. Baltimore (1833)
'Bill of Rights only applies to
national gov't, not state gov't'

- Barron owned fishing wharf in Baltimore
- City diverted natural streams, leaving Barron in dry dock.
- Barron sued, using the 5th Amendment just compensation cluase to bring lawsuit

Against Barron; 5th amendment only applies to national gov't.
Dred Scott v. Sandford (1857)
'judicial review'
'definition of citizenship'

- Missouri Compromise of 1820 declareed that MO was a slave state and Maine was a free state.

- Dred Scott born into slavery. Moved from slave state (MO) to free state (IL), then back to MO.
- Brought lawsuit stating that because he went from a slave state to a free state, he was free

(By Justice Roger Taney, former slave owner)
- Ruled against Scott
- People of color were not citizens when Const. was written and could not bring lawsuits.
- Provision of MO compromise outlawing slavery is unconstitutional because it denies people the right to property.

**The Dred Scott case was made null and void by the 14th amendment (all people born in US or naturalized are citizens.
Mapp v. Ohio
'absorbtion of the *4th amendment* to apply to state gov'ts.

- Local police can't search without a warrant.
- Violation of the liberty clause of the 14th amendment.
Griswold v. Connecticut (1965)
'controversial counseling about birth control'
'privacy rights not in the Constitution'
'zones of privacy'

- State of CT had law prohibiting physicians from counseling anyone about birth control.
- CT said they had the right to prohibit info under the 10th amendment ('police powers')

- Ruled in favor of Griswold. There are zones of privacy (implied) that the CT law violated.
- The 1st, 3rd, 4th, 5th, and 9th amendments all deal with privacy and cast a *PENUMBRA* on the CT law.
Gibbons v. Ogden
'definition of commerce' [Article I, section 8]

- State of NY offered monopoly to 1st person to develop steamship to get people from NY to NJ.
- Robert Fulton developed it, sold it to Ogden and Gibbons.
- Gibbons eventually left to form his own company and got a license from the *federal* gov't.

- Ogdon sued Gibbons. NY ruled in favor of Ogdon. Gibbons appealed.

- Ruled in favor of Gibbons (had federal license).
- Federal gov't regulates the waterways according to the commerce clause (shipment of goods, services, and people)
NLRB. v Jones Laughlin Steel Corp (1937)
'labor unions'
'defines commerce' [Article I, Section 8]

- 1935: Wagner Act passed that guarantees the right to organize labor unions; established the NLRB.

- JL Steel corp fired employees for labor activity.
-NLRB stepped in to regulate; JL Steel Corp said they had no authority because they were not involved in interstate commerce.

- Manufacturing IS a part of interstate commerce, as are sales, according to the Wagner Act
Heart of America Motel v. US (1964)
'Challenges to the Civil Rights Act of 1964'

- H. of American Motel refused to take black customers.
- Motel said that the gov't can't regulate private businesses

-H.of A. motel *IS* involved in interstate commerce, and is therefore subject to federal rule.
Katzenbach v. McClung (1964)
'Ollie's BBQ'
'Challenge to the Civil Rights Act of 1964'

- Ollie's BBQ in Birmingham, AL refused to serve blacks.
- U.S attorney general Katzenbach brought charges against owner.
- McClung said that Ollie's was not interstate commerce: all customers were local

- Ollie's meat was from out of state, therefore dealt with interstate commerce.
Williams v. North Carolina (1949)
'Full Faith and Credit'
'Quickie Wedding in Vegas'

- Mr. Williams and Mrs. Hendrix from N.C. were having an affair. Wanted to get a quickie divorce and wedding.
- Went to Vegas, which only required 6 weeks between divorce and remarriage.

- When Williams returned, he was charged with bigamy.

- Sup. Court declared that N.C. didn't have to recognize quickie wedding and divorce because Williams and Hendrix did not attempt to establish residency in Vegas.
Unitary Government System
*most popular in the world today*

authority rests in the hands of the national (central) goverment.

local governments exercise only those powers given to them by local government

decisions of local government can be overruled by nat'l government.

*example: France, UK, Japan, Sweden
Confederal Gov't System
opposite of unitary gov't system.

a system of gov't consisting of a league of independent states who each have sovereign powers.

Central gov't has limited power over the states.

*examples: Articles of Confederation, EU, NATO, UN
Federal Gov't System
gov't system where power is divided between central and regional (constituent) governments.
Enumerated Powers
*powers specifically granted to the nat'l gov't by the Const.

* coining money
* declaring war
* regulating commerce
Necessary and Proper Clause
aka elastic clause

Article I, Section 8

gives congress the power to do whatever is necessary to carry out enumerated powers

First used in McCulloch v. Maryland (1819)
Police Power
Power reserved fot the states to protect the health, morals, safety, and welfare of the people.

(Included under 10th amendment reserved powers)
Concurrent Powers
powers held jointly by the states and the national government.


* power to tax (states tax land, nat'l taxes imports)
* borrow money
* establish courts
* charter banks and corporations
* police power...sort of
Prohibited Powers
* taxes on exports
* any power that is not expressly or implicity delegated to the nat'l gov't is prohibited from the nat'l gov't.
- ex. can't establish nat'l public school system
Supremacy Clause
(Article VI, Sect. 2)

Federal law is superior to state/local law
States can't thwart nat'l policy by using reserved powers
Interstate Relations/Compacts(?)
Article IV

* Full faith and credit to other states' records and proceedings (Article IV, Sect. 1)

* Privileges and Immunities to other states' citizens (Article IV, Sect. 2)

* Fleers from justice must be returned to home state (Section 3)
Commerce Clause
(Article I, Section 8)

Congress had power to regulate interstate and international trade.
Dual Federalism
states and nat'l gov't remain supreme within their own spheres. nation and state are coequal sovereign powers.

Popular during post-civil war era
Cooperative Federalism
system in which the states and the national government cooperate in solving problems

Began during Depression era. Marble cake model as opposed to the layer cake model of dual federalism
Catergorical Grants
federal grants to state/local gov't for specific programs/projects

* medicaid
*highway construction
*unemployment benefits
*housing assistance
*welfare programs
Block Grants
federal programs that provide funds to state/local gov'ts for general functional areas, such as criminal justice or mental-health programs.

Gives more flexibility to states
Federal Mandates
requirement in federal legilstation that forces states and municipalities to comply with certain rules
Tenth Amendment
*reserved powers

powers not delegated to the federal gov't nor prohibited from the states are reserved for the states

federal gov't can't require states to enforce or administer federal regulatory programs
establishment clause
the part of the first amendment that prohibits the establishment of a church officially supported by the national government.
free exercise clause
provision of the 1st amendment guaranteeing the free exercise of religion
prior restraint
restraining an action before the action has occured; censorship
symbolic speech
nonverbal expression of beliefs.
Clear and Present Danger Test
A test for determining when the govÂ’t may restrict free speech. Restrictions are only permissible when speech present a clear and present danger to the public.
Writ of Habeas Corpus
Requires jailers to bring aprisoner before a court or judge an explain why the person is being held.. (Article I, Section 9)
Exclusionary Rule
Policy forbidding the admission of illegally seized evidence; tainted fruits
Civil Liberties
Personal freedoms that are protected for all individuals; restraints on the govÂ’ts actions against individuals.
Civil Rights
Rights rooted in the 14th amendmentÂ’s guarantee of equal protection under the law; what the govÂ’t must do to ensure equal protection and freedom from discrimination
De Facto Segregation
Racial segregation that occurs because of past social and economic conditions andresidential patterns.
De Jure Segregation
Racial segregation that occurs because of laws or administrative decisions by public agencies.
Civil Rights Act of 1964
Prohibited discrimination based on race,color, etc.

1. outlawed discrimination in voter registration
2. prohibitied discrim in public accomodations
3. desegregation of schools
4. expanded power of Civil rights commission
5. allows govÂ’t to withhold funds from discriminatory programs
6. right to equality in employment
Voting Rights Act of 1965
1. Outlawed discriminatory voter-registration tests

2. states/political subdivisions can't change voting procedures and election laws without federal approval
Elizabeth Cady Stanton
suffragete; helped organize the first women's rights convention; formed National Woman Suffrage Association.
Horizontal Federalism
relationship between and among the states
Full Faith and Credit
prevents people from getting out of contracts by moving to other states

records/judicial proceedings from one state are recognized in another state.

Williams v. North Carolina case.
Privileges and Immunities
everyone is entitled to the privileges and immunities of other states

states can't favor their own citizens above others

Slaughterhouse cases
Slaughterhouse Cases
state of Louisiana granted monopoly to slaughterhouse after rampant spread of disease from animals.

other slaughterhouses sued using priv/immun because state took away right to conduct business

Priv/Immunities rule doesn't prevent state from discriminating against its OWN citizens

Ruling paved the way for Jim Crow laws

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