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Cases Flashcards

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1
Q

The question presented in Gundy v. United States involved the non-delegation doctrine. That doctrine is rooted in the first sentence of____

A

Article I of the Constitution

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2
Q

Who wrote for the Court in Chevron?

A

Stevens

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3
Q

According to Jurge Friedrich of the District Court of the District of Columbia, the CDC Eviction Moratorium was likely ______

A

Statute

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4
Q

In NFIB v. Sebelius, 7 Justices (in 2 opinions) concluded that the ACA’s Medicaid Expansion was unconstitutional. In reaching that conclusion, which of the following did they NOT rely on?

A

United States v. Crittenden.

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5
Q

Jacobsen v. Massachusetts was decided in what year?

A

1905.

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6
Q

Jacobsen reasoning?

A

State police power–public health and safety.

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7
Q

in re. Certified Michigan year?

A

2020

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8
Q

Article One of the Constitution covers______

A

Legislation, Non-delegation (Schecter, Youngstown)
Bicameral, Vesting clause
Limited and Enumerated powers (bank in McCulloch)

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8
Q

in re. Certified Michigan topic?

A

Governor emergency powers unconstitutional, b/c legislature didn’t issue it and non-delegation(public safety is not the same as public health)

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8
Q

Article Three in the Constitution is about which branch?

A

Judicial.

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9
Q

Amendment III

A

Quartering of Soldiers

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10
Q

Amendment IV

A

Search and Seizure

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11
Q

Amendment V

A

Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings

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12
Q

Amendment VI

A

Speedy Trial (US v Olsen), Witnesses, Counsel, Confrontation Clause (O’Connor in Maryland v. Craig; US v Crittenden and masks)

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13
Q

Amendment VII

A

Jury Trial

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14
Q

Amendment VIII

A

Excessive Fines, Cruel and Unusual Punishment

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15
Q

Amendment IX

A

Non-enumerated Rights Retained by the People

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16
Q

Amendment X

A

Rights Reserved to States or People

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17
Q

What was Gundy about?

A

Non-delegation: found it was OK for A.G. to have authority to enact sex offender registration, even pre-Act. No problem with Legislature delegating that to executive branch.

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17
Q

What was Gundy about?

A

Delegation ok. Did not violate Non-delegation: found it was OK for A.G. to have authority to enact sex offender registration, even pre-Act. No problem with Legislature delegating that to executive branch.

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18
Q

Why did Eviction Moratorium fail in Alabama Realtors v. HHS?

A

Exceeded CDC authorization (quarantine and fumigation); wasn’t authorized by Congress. Also right of property owner to exclude.

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19
Q

What was US v Somerville about?

A

Compassionate release for prisoner w/comorbidities, non-violent sentence, at prison with lots of cases, at risk for COVID, had mitigating factors original judge couldn’t take into account b/c mandatory sentencing, had already served a bunch

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20
Q

When was US v Somerville?

A

Spring 2020.

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21
Q

Where was US v Somerville?

A

District Court in Pennsylvania.

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22
When was Ohio v Yellen?
2021
23
What Constitutional clause did Ohio v Yellen cite as being violated?
Spending Clause
24
What did fed gov't try to forbid in Ohio v Yellen?
Using recent COVID relief bill to offer tax relief
25
When was Purcell v Gonzalez?
2006
26
What was Purcell v Gonzalez about?
Courts can't change election rules right before an election cause it's too confusing, (specifically AZ voter law about ID)
27
What year was Tx Dems v Abbot?
2020
28
What was TX Dem v Abbot about?
people under 65 wanted to vote by mail b/c afraid of covid but Court said NO--did not violate 26th amendment (age) and pandemic doesn't change that
29
When was MD v Craig?
1990
30
What Amendment was MD v Craig concerned with?
Sixth Amendment, Confrontation clause (kid victims could testify via closed circuit tv)
31
US v Crittenden was what year?
2020
32
US v Crittenden concerned which amendment?
Sixth, Confrontation Clause (masks)
33
Lukumi Babalu was which year?
1993
34
Roberts v Neace was where and when?
Kentucky 2020
35
Roberts v Neace held governor was allowed to. . .
ban religious public gatherings (Easter, tickets at parking lot)
36
Roman Catholic Diocese v Cuomo was when, after what>
Nov 2020, the month after ACB joined bench
37
Roman Catholic Diocese v Cuomo found what?
Unconstitutional to close churches when other things were open.
38
Who dissented in Gundy, saying AG having power over half a million citizens was way too broad a delegation for a non elected executive officer?
Gorsuch. (Kagan wrote the majority, upholding Gundy—Alito concurred but said didn’t love delegation)
39
Bayley's Campground v Mills was when?
2021
40
What was Bayley's Campground about?
NHerits traveling to Maine had to quarantine for 14 days (upheld)
41
When was Biden v Knight First Amendment?
2021
42
Who wrote a Big Deal concurrence about the future of social media in Biden v Knight First Amendment?
J. Thomas, who argued that social media should be treated like common carriers
43
What was Biden v Knight First Amendment about?
Trump blocking people on twitter--was it a public forum? (dismissed cause he was kicked off Twitter!) \
44
City of Richmond v Croson was decided in what year?
1989
45
What was the holding in City of Richmond v Croson?
Without evidence of historical race-based discrimination, couldn't create set-aside program where city contractors had to use 30% minority owned businesses. Failed strict scrutiny. Otherwise runs afoul of 14th amendment.
45
What was the holding in City of Richmond v Croson?
Without evidence of historical race-based discrimination, couldn't create set-aside program where city contractors had to use 30% minority owned businesses. Failed strict scrutiny. Otherwise runs afoul of 14th amendment.
46
When was Vitolo v Guzman?
2021
47
What was Vitolo v Guzman about?
Sending minority-owned businesses to the front of the line for covid relief
48
What case is Vitolo v Guzman connected to?
Richmond v Croson
49
What amendment was implicated in Jacobsen?
14th Amendment, due process | also Spirit of the Constitution
50
Where is this from: "all legislative power herein granted shall be vested in a Congress. . . "?
Article I.
51
Why was Mich. Gov's Emergency Order so problematic?
Legislature wouldn't renew when it ran out, so she issued an identical one, in an improper use of executive power. also violates Separation of Powers.
52
Who wrote famous concurrence in Schecter?
Cordozo
53
Who dissented in Gundy?
Gorsuch, Roberts, Thomas (Alito concurred but only cause of stare decisis)
54
In what case did J. Kagan say, "if this is unconstitutional, then everything is unconstitutional."
gundy
55
What's Chevron's deal?
It's about the EPA having authority to interpret ambiguous part of the Clean Air Act--Congressional intent unclear.
56
Why did Scalia love Chevron?
As a backlash to the Warren court--wanted liberal judges’ hands tied so they couldn’t legislate from the bench.
57
Under what amendment was the eviction moratorium impermissible?
10th. federalism canon. (Also relevant: major questions doctrine.)
58
What kind of continuance was requested in US v Olsen?
End of justice--i.e. extend trial (Gov’t requested end of justice continuance, because Olsen demanded a trial immediately, after MONTHS of continuances, because jury trials were shut down for COVID)
59
Who were the weird bedfellow amici in Lukumi?
Americans United for Separation of Church and State, and Michael McConnell, academic who loves religious freedom
60
What two Constitutional doctrines are in tension in religious cases?
Establishment clause and free exercise
61
Why does judge apply strict scrutiny in Bailey's Campground?
Because right to travel is fundamental right. Privileges and Immunities, unenumerated rights
62
What level scrutiny did Vitolo v Guzman require?
Strict! (Cause race.)
63
What did Gorsuch say about Jacobsen in Roman Catholic Dioceses of Brooklyn v Cuomo?
Jacobsen was not intended to have such a broad impact on religious freedom.
64
What Amendment in the Bill of Rights was at play in Richmond v Croson?
V, due process
64
What Amendment in Bill of Rights was at play in Richmond v Croson?
V, due process
65
What article of the Constitution deals with elections?
Article 4
66
The _________ Rule governs all voting cases raised because of COVID
Purcell
67
According to TX Dem v Abbott, whose responsibility are voting mechanics?
Legislature! Not courts.
68
Why does Scalia loooove the VI Amendment?
Because it’s harder to lie face to face
69
Ohio v Yellen centers on two things
1- Spending Clause legislation must be very clear, and the Tax Mandate here is ambiguous. 2- flirts with but ultimately refrains from deciding that Congress can’t delegate authority to clarify ambiguous legislation to an agency (here, Treasury Dept)
70
The Tax Mandate violated the Spending Clause in two ways, and also violated an amendment:
1- coercive 2- ambiguous 10th amendment commandeering taxing authority
71
Which is about nondelegation authority, art. 1 or Amendment X?
Article 1. (Amendment 10 is about the fed making the state enact fed legislation etc)
72
According to the court in Ohio v Yellen, what are three limitations on Congressional conditional grants to states, vis-à-vis the Spending Clause?
1-conditions must be related 2- can’t coerce 3- can’t be ambiguous
73
Lukumi said laws must be
Neutral and generally applicable.
74
Croson and Vitolo explain that race-specific policies cannot stand even if there is historical persecution in the same industry unless the government _________
Was the party discriminating. (Can’t be private historical discrimination) Additionally, it must have been intentional discrimination)

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