2L Con law- 10th, Tax/Spend, 14th Case Groups and Case Breakdown

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jesdixon
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2L Con law- 10th, Tax/Spend, 14th Case Groups and Case Breakdown
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2011-10-28 11:13:59
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2L Con law 10th Tax Spend 14th Case Groups Breakdown
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2L Con law- 10th, Tax/Spend, 14th Case Groups and Case Breakdown
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  1. 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
  2. Garcia
    • 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
  3. New York
    • 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.
  4. PRINTZ
    • 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
    • oversight;
    • 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.
  5. RENO
    • 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.
  6. 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
  7. Butler
    • Congress has broad (Hamilton view) authority to tax and spend for the general
    • welfare so long as it does not violate other constitutional provisions.
  8. 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.
  9. Sabri
    • 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
    • occasions.
  10. Dole
    • 4 Limitations on Congress for valid
    • condition funds:

    (a) Spending pursuant to the general welfare (great latitude here)

    (b) Condition must be unambiguous (Pennhurst)

    (c) Condition relates to a federal interest—

    • (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.
  11. 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
  12. HOLDER
    15TH AMENDMENT

    • Court applies avoidance principle to avoid
    • constitutional issue and instead does a statutory analysis. All political
    • subdivisions are eligible to file a bailout suit.
  13. Flores
    14th amendment

    • 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 :(



    • (a)
    • 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.
  14. Morgan
    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.
  15. Morrison
    14TH AMENDMENT; REHNQUIST

    • 14th amendment prohibits only
    • state action. Reaffirmed Civil rights acts.

    • (a)
    • 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.
  16. Jones
    13th amendment

    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
  17. Runyon
    13th amendment;

    • 13TH amendment applies CONTRACTING; Private schools cannot solely exclude based on
    • race

    (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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