2L Con law- 10th, Tax/Spend, 14th Case Groups and Case Breakdown
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10th amendment case group?
- 1-Garcia........ overturns National League; must be generally applicable
- 2- NY----------- can't commandeer state leg.
- 3-Printz--------can't compel state enforcement
- 4- Reno-------- must be generally applicable and not commander state legislature, enforcement, or regulate citizens
- JUSTICE BLACKMUN (swing voteà was in majority of National League… now in
- the majority for Garcia)
- Overturns National League (b/c “traditional
- and nontraditional government function is an unworkable distinction); Congress
- cannot impose laws that are not GENERALLY APPLICABLE LAW because otherwise
- would infringe on the 10th amendment—must apply to private individuals
- and states in the same manner; not target states;
Facts: Operation of mass transit= traditional state function; was argued by San Antinio Met. that FLSA not apply b/c of National League
- Under the 10th
- amendment, Congress may not COMMANDEER the state legislative process by
- compelling states to enact or enforce a federal law/regulatory program or force states to take title because it violates state sovereignty
- (a) States must retain the ultimate decision as
- to whether or no to comply
(b) Can’t force state to take title or pass legislation
- (1) Facts: New York sought declaration that the Low-Level Radioactive Waste Policy Amendments Act was unconstitutional. 1985 Act set
- deadlines for every state to join a regional waste compact, developing-state
- disposal, or find another way to dispose of its own waste.
- Federal government COMMANDER the state law enforcement to enforce or administer a federal regulatory program against its
- citizens because it violates separation of powers by removing Presidential
- Facts: Two chief law enforcement officers (CLEO) filed
- actions challenging the constitutionality provisions of the Brady Act, which
- required that they perform background checks on prospective gun purchasers.
- Congress may regulate state activities when
- the statute is a generally applicable law (Garcia) and does not require the state to (1) regulate its own citizens, (NY and Printz) (2) to enact law/regulations (NEW
- YORK), or (3) enforce a federal
- regulatory provision (PRINTZ);
- outside the scope of the 10th amendment.
Driver Info is an instrumentality of interstate commerce;
- Facts: SC brought suit against US, arguing Driver’s
- Privacy Protection Act, which prevented disclosure of private information contained in DMV records.
TAXING AND SPENDING CASE GROUP
- 1- Butler ----- Tax/spend power broad (Hamilton view)
- 2- Steward Machine Co. ------ privileges/rights same
- 3- Sabri ------------ Necessary and Proper Clause
- 4- Dole ----------- Congressional limits for conditional funds
- Pennhurst ----- Bill of Rights= ambiguous
- Congress has broad (Hamilton view) authority to tax and spend for the general
- welfare so long as it does not violate other constitutional provisions.
Steward Machine Co.
- No distinction between privileges and natural
- rights when it comes to tax. Natural rights (vocations) are subject to uniform taxation
- Facts: Under the Social Security Act, Congress required employers with 8 or more employees to pay a payroll tax. Tax was laid with
- uniformity throughout US as a duty upon a relation of employment.
- Congress has the power under the taxing and
- spending clause in conjunction with the necessary and proper clause to ensure proper use and integrity of fed. Funds.
(a) Ensure spending is appropriate.
- Facts: Sabri, a developer, offered bribes to a city
- councilman to ease his real estate building plans. He was convicted for violating the federal anti-bribery
- statute, which he challenges as being unconstitutional. Bribed the councilman on three separate
(a) Spending pursuant to the general welfare (great latitude here)
(b) Condition must be unambiguous (Pennhurst)
(c) Condition relates to a federal interest—
- 4 Limitations on Congress for valid
- condition funds:
- (d) Condition does not violate other
- constitutional provisions
Condition is not coercion or compulsory under the 10th amendment. A mild ENCOURAGEMENT!
Facts: Congress passed a law withholding 5% of federal highway funds to states with a drinking age of less than 21 years.
CASE GROUPING FOR 13, 14, 15 AMENDMENT
- 13TH AMENDMENT
- - Runyon---------- (K--> private schools)
- - Jones ------------ (Real property --> sell to blacks)
- 14th AMENDMENT
- -Morrison--------> reaffirmed Civil Rights Case that 14th apply only to states
- - Morgan---------> Apply Necessary and Proper to prohibit literacy test although not unconstitutional;
- - Flores -----------> Must be history of discrimination and remedy is congruent and proportional to targeted violation.
- 15TH AMENDMENT
- -Holder----------> Avoidance Doctrine
- Court applies avoidance principle to avoid
- constitutional issue and instead does a statutory analysis. All political
- subdivisions are eligible to file a bailout suit.
- Enactment under §5 of the 14th amendments, requires
- a history of discrimination by the states (which violates equal protection based on gender/race) and the remedy imposed by Congress must be congruent and proportional to the
- targeted violation; thus the means achieve the ends.
- (i) Congress can only ENFORCE the 14th amendment pursuant to §5 but cannot
- REINTERPRET or CREATE constitutional rights. GENERALLY APPLICABLE laws are
- exceed enforcement powers ->
- Religious Freedom Act :(
- Facts: After the city of Boerne denied Archbishop
- Flores a building permit to expand a church, under a “generally applicable law”
- he contended that the permit denial violated the Religious Freedom Restoration
- Act. The RFRA prohibited the government from substantially burdening a person's
- exercise of religion even if the burden is the result of a generally applicable
- law, unless the government has a compelling interest and is using the least
- restrictive means.
14TH AMENDMENT (BRENNAN)
- EXAM: In Morgan, the court likened §5 of the 14th amendment to the Necessary and Proper Clause!!!! Congress can prohibit behavior that
- could lead to discrimination.
- Congress can regulate state conduct that
- violates 14th amendment. Est. the test for Congressional enactment
- under §5 of the 14th amendment: (1) plainly adapted to end historical violations of rights and (2) consistent with the letter and spirit
- of the constitution.
- Facts: NY required English literacy as a prerequisite
- to voting. US Attorney General alleged that 4(e) of the Voting Rights Act of
- 1965 can only be sustained if Court determines NY’s requirement violates the
- Equal Protection Clause of 14th amendment.
14TH AMENDMENT; REHNQUIST
- 14th amendment prohibits only
- state action. Reaffirmed Civil rights acts.
- Facts: Morrison was accused of sexually assaulting a
- freshman student at the Virginia Polytechnic University and the victim sued
- Morrison for civil damages under the Violence against women Act.
13th amendment applies to REAL PROPERTY
- (a) §
- 1982 applies to prohibit private discrimination and that Congress had the
- authority under 13th amendment to adopt the law; "Congress has the power under the 13th amendment to determine what
- ARE THE BADGES AND INCIDENTS OF SLAVERY and the authority to translate that
- determined into effective legislation. Here…. Real property
- 13TH amendment applies CONTRACTING; Private schools cannot solely exclude based on
(a) No basis to distinguish from Jones; 13th amendment reaches private conduct J
- (b) Issue: Whether § 1981 prohibits private schools from excluding qualified African-American
- children solely because of their race
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