Sample
... Answer: TRUE Topic: Equal Protection Clause Objective: LO 5 Difficulty: Moderate 58) An affirmative action program that gives racial minorities a "plus factor" when considered for public university admission is lawful under the "strict scrutiny" test of equal protection, as long as it does not const ...
... Answer: TRUE Topic: Equal Protection Clause Objective: LO 5 Difficulty: Moderate 58) An affirmative action program that gives racial minorities a "plus factor" when considered for public university admission is lawful under the "strict scrutiny" test of equal protection, as long as it does not const ...
Preview Sample 1
... cultivated and possessed within state borders and did not enter the stream of commerce. The U.S. Supreme Court decided: ...
... cultivated and possessed within state borders and did not enter the stream of commerce. The U.S. Supreme Court decided: ...
Exam I
... (e) None of the Above 11. Which of the following best describes a Confederation? (a) A highly decentralized governmental system in which the national govt derives unlimited authority from the states rather than directly from citizens. (b) A highly decentralized governmental system in which the natio ...
... (e) None of the Above 11. Which of the following best describes a Confederation? (a) A highly decentralized governmental system in which the national govt derives unlimited authority from the states rather than directly from citizens. (b) A highly decentralized governmental system in which the natio ...
in the high court of south africa
... necessary reconciliation can only be attempted by a close analysis of the actual specifics of each case. [36] The court is thus called upon to go beyond its normal functions and to engage in active judicial management according to equitable principles of an ongoing, stressful and law-governed social ...
... necessary reconciliation can only be attempted by a close analysis of the actual specifics of each case. [36] The court is thus called upon to go beyond its normal functions and to engage in active judicial management according to equitable principles of an ongoing, stressful and law-governed social ...
Con_Law_1-_Mystery_Prof2
... particular branch by the constitution (having to do with the appropriateness of the finality of their decision) and secondly whether there is satisfactory criteria for judicial determination. But the very act of determining this, has to be given to the court who is the sole authority on constitution ...
... particular branch by the constitution (having to do with the appropriateness of the finality of their decision) and secondly whether there is satisfactory criteria for judicial determination. But the very act of determining this, has to be given to the court who is the sole authority on constitution ...
Currie 9 (2002)
... cases or controversies, and part of that deciding involves choosing the law that governs a case. And if it decides cases arising under the constitution, then they get to decide what it means. a. This suffers from same defect as the judicial power argument above: it’s circular 3. Supremacy clause: in ...
... cases or controversies, and part of that deciding involves choosing the law that governs a case. And if it decides cases arising under the constitution, then they get to decide what it means. a. This suffers from same defect as the judicial power argument above: it’s circular 3. Supremacy clause: in ...
The Constitution in the Supreme Court: The New Deal, 1931-1940
... 1. Insurance commissions and chain-store taxes. The first hint of a more tolerant approach came just a few months after the new appointments when, in O'Gorman & Young, Inc. v. Hartford Fire Ins. Co., the Court upheld a state law forbidding the payment of excessive or disuniform commissions to fire i ...
... 1. Insurance commissions and chain-store taxes. The first hint of a more tolerant approach came just a few months after the new appointments when, in O'Gorman & Young, Inc. v. Hartford Fire Ins. Co., the Court upheld a state law forbidding the payment of excessive or disuniform commissions to fire i ...
RTF format
... building control officer as a precondition for any decision to be taken by the City on an application for approval in terms of section 4. In the context of administrative law, that recommendation is therefore a jurisdictional fact, the existence of which is a prerequisite for the exercise of the pow ...
... building control officer as a precondition for any decision to be taken by the City on an application for approval in terms of section 4. In the context of administrative law, that recommendation is therefore a jurisdictional fact, the existence of which is a prerequisite for the exercise of the pow ...
Chapter 5, Section 1: Federalism and Preemption
... family or property law, the states have near exclusive jurisdiction. In other areas, such as negotiating treaties with foreign countries or operating airports and licensing airlines, the federal government has near exclusive authority. In the middle, however, is a large area of subject matter where ...
... family or property law, the states have near exclusive jurisdiction. In other areas, such as negotiating treaties with foreign countries or operating airports and licensing airlines, the federal government has near exclusive authority. In the middle, however, is a large area of subject matter where ...
Primus - NYU School of Law
... 1. But why should a court, not Congress, decide whether the Const. and a law conflict? iii. Argument from principle of separation of powers 1. Impliedly, Congress has the purse and the executive the sword, so per Hamilton, courts are “the least dangerous branch.” 2. If some branch gets the last word ...
... 1. But why should a court, not Congress, decide whether the Const. and a law conflict? iii. Argument from principle of separation of powers 1. Impliedly, Congress has the purse and the executive the sword, so per Hamilton, courts are “the least dangerous branch.” 2. If some branch gets the last word ...
Payneful Con Law Outline
... brought suit b/c his property right was adversely affected. o Holding: Court says this is a case b/w one group of people and US policy. Too abstract. US itself has no actual interest in outcome. Requirement of actual controversy. This is a case-orcontroversy only if it is b/w Muskrat and someone who ...
... brought suit b/c his property right was adversely affected. o Holding: Court says this is a case b/w one group of people and US policy. Too abstract. US itself has no actual interest in outcome. Requirement of actual controversy. This is a case-orcontroversy only if it is b/w Muskrat and someone who ...
Constitutional Law (Adler 2003)
... federalism. Runs counter to system of enumerated powers. Thus 14th Amend protects only legal rights, e.g. contract, property, and initiation in courts, and does not protect social rights. Harlan’s Civil Rights Dissent: Companies function under protection of state law and are thus prohibited from all ...
... federalism. Runs counter to system of enumerated powers. Thus 14th Amend protects only legal rights, e.g. contract, property, and initiation in courts, and does not protect social rights. Harlan’s Civil Rights Dissent: Companies function under protection of state law and are thus prohibited from all ...
supreme court - AP US History A/B Overview
... 12. In Lochner v. New York (1905), the Court struck down a New York State law which limited: a. Car Insurance b. Safety Requirements c. Union Shops d. Hours a Person Could Work. 13. In Miranda v. Arizona (1966), the Supreme Court ruled all persons who are arrested have all but which one: a. Right to ...
... 12. In Lochner v. New York (1905), the Court struck down a New York State law which limited: a. Car Insurance b. Safety Requirements c. Union Shops d. Hours a Person Could Work. 13. In Miranda v. Arizona (1966), the Supreme Court ruled all persons who are arrested have all but which one: a. Right to ...
(2007) Study Guide
... b. Issue / Holding: Again, who possesses the power to interpret the Constitution? c. Rules: 1. Marbury’s commission cannot be withheld. 2. Marbury has the right to claim the protection of the laws and seek judicial redress. However, 3. Marbury is not entitled to the particular remedy for which he ap ...
... b. Issue / Holding: Again, who possesses the power to interpret the Constitution? c. Rules: 1. Marbury’s commission cannot be withheld. 2. Marbury has the right to claim the protection of the laws and seek judicial redress. However, 3. Marbury is not entitled to the particular remedy for which he ap ...
PROPERTY AS A HUMAN RIGHT
... By contrast, if some regulation seems to threaten first amendment rights or any of the rights of the criminally accused, or any of the rights that the Court has invented, like the right to an abortion or to travel, the Court subjects the regulation to strict scrutiny, reverses the presumption of con ...
... By contrast, if some regulation seems to threaten first amendment rights or any of the rights of the criminally accused, or any of the rights that the Court has invented, like the right to an abortion or to travel, the Court subjects the regulation to strict scrutiny, reverses the presumption of con ...
Business Law 210: Unit 2 – Chapter 4
... government admits under its cost of crime reasoning that Congress could regulate not only all violent crime, but all activities that might lead to violent crime regardless of how tenuously they relate to interstate commerce. Under the government’s national productivity reasoning, Congress could regu ...
... government admits under its cost of crime reasoning that Congress could regulate not only all violent crime, but all activities that might lead to violent crime regardless of how tenuously they relate to interstate commerce. Under the government’s national productivity reasoning, Congress could regu ...
Scarborough Constitutional Law Winter 1997
... B. Necessary and Proper Clause: This notion of implied powers is in clause of Article I, section 8. Congress may make all Laws which shall be necessary and proper for carrying into Execution “the specific legislative powers granted by Article I, section 8 or by other parts of the Constitution. C. Ma ...
... B. Necessary and Proper Clause: This notion of implied powers is in clause of Article I, section 8. Congress may make all Laws which shall be necessary and proper for carrying into Execution “the specific legislative powers granted by Article I, section 8 or by other parts of the Constitution. C. Ma ...
Constitutional Law - Internet Legal Research Group
... (cashier) for failing to pay a state tax levied on the bank; Court rules the U.S. can incorporate a bank, but Maryland cannot tax it i. Asserts supreme authority of US government over states ii. Just need legitimate ends and appropriate means for act to be constiutional iii. Necessary and proper cla ...
... (cashier) for failing to pay a state tax levied on the bank; Court rules the U.S. can incorporate a bank, but Maryland cannot tax it i. Asserts supreme authority of US government over states ii. Just need legitimate ends and appropriate means for act to be constiutional iii. Necessary and proper cla ...
Con Law I - Amar - 2000 Spr - outline 2
... Even though the appellate jurisdiction of the Court is not derived from acts of Congress but is conferred by the C, it is also subject to the regulations and limitations that Congress shall make. The 1868 Act creates an express exception, taking away the SC’s appellate jurisdiction in cases of habea ...
... Even though the appellate jurisdiction of the Court is not derived from acts of Congress but is conferred by the C, it is also subject to the regulations and limitations that Congress shall make. The 1868 Act creates an express exception, taking away the SC’s appellate jurisdiction in cases of habea ...
structure of the constitution - Washington University School of Law
... states police power over local grade manufacturing regulations 2. Commerce: intercourse for the purpose of trade (may need to distinguish from manufacturing) B. Modern test: act comes within the commerce clause it: 1. activity being regulated substantially affects commerce, and 2. the means chosen a ...
... states police power over local grade manufacturing regulations 2. Commerce: intercourse for the purpose of trade (may need to distinguish from manufacturing) B. Modern test: act comes within the commerce clause it: 1. activity being regulated substantially affects commerce, and 2. the means chosen a ...
Hohfeldian Approach to Constitutional Cases, The
... Mr. Chief Justice Taft, in applying the dominant element or primary emphasis rule, determined that the taxing scheme was merely incidental to the regulatory scheme and consequently that the tenth amendment was a specific constitutional limitation upon this kind of perversion of the taxing power of a ...
... Mr. Chief Justice Taft, in applying the dominant element or primary emphasis rule, determined that the taxing scheme was merely incidental to the regulatory scheme and consequently that the tenth amendment was a specific constitutional limitation upon this kind of perversion of the taxing power of a ...
constitutional clauses
... o Woman’s right to terminate a pregnancy within first trimester ruled constitutional - Cruzan v. Missouri Department of Health (1990) o Right to die case leading to living will legislation in states - Planned Parenthood v. Casey (1992) o Right to terminate pregnancies upheld, but restrictions allowe ...
... o Woman’s right to terminate a pregnancy within first trimester ruled constitutional - Cruzan v. Missouri Department of Health (1990) o Right to die case leading to living will legislation in states - Planned Parenthood v. Casey (1992) o Right to terminate pregnancies upheld, but restrictions allowe ...
Vital Supreme Court Cases to know for the US History
... turning over the tapes, Nixon resigned from office. ...
... turning over the tapes, Nixon resigned from office. ...
United States v. Butler
... committed to the Congress. In this view the phrase is mere tautology, for taxation and appropriation are or may be necessary incidents of the exercise of any of the enumerated legislative powers. Hamilton, on the other hand, maintained the clause confers a power separate and distinct from those late ...
... committed to the Congress. In this view the phrase is mere tautology, for taxation and appropriation are or may be necessary incidents of the exercise of any of the enumerated legislative powers. Hamilton, on the other hand, maintained the clause confers a power separate and distinct from those late ...