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1
Q

What does Hamilton argue is necessary for the judiciary to protect the Constitution?

A

Judicial Independence

Hamilton argues that the judiciary must be independent to protect the Constitution and individual rights from legislative encroachments.

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2
Q

What power do courts have regarding laws and their constitutionality, according to Hamilton?

A

Judicial Review

Although the term isn’t explicitly used, Hamilton implies that courts have the power to review laws and determine their constitutionality.

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3
Q

What is the highest law of the land?

A

The Constitution

If a law conflicts with the Constitution, courts must follow the Constitution.

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4
Q

What must judges do if they encounter unconstitutional laws?

A

Strike down unconstitutional laws

Judges are duty-bound to uphold the intent of the framers.

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5
Q

Who established judicial review as a core function of the Supreme Court?

A

Chief Justice John Marshall

This was solidified in Marbury v. Madison (1803).

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6
Q

How does Hamilton describe the judiciary in terms of danger to political rights?

A

Least dangerous branch

Hamilton describes the judiciary as the ‘least dangerous’ branch because it lacks the power of the sword (executive) and the power of the purse (legislative).

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7
Q

What are the two types of power that the judiciary lacks?

A
  • Force (executive power)
  • Will (legislative power)

Judges can only exercise judgment, not will.

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8
Q

What is the purpose of lifetime tenure for judges?

A

To ensure independence from political pressures

Judges should not fear removal for making unpopular decisions.

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9
Q

What does the Necessary and Proper Clause allow Congress to do?

A

Make laws necessary and proper for executing its powers

Hamilton defined ‘necessary’ as synonymous with ‘needful’, ‘requisite’, ‘useful’, and ‘conductive’.

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10
Q

What were the two main issues in McCulloch v. Maryland?

A
  • Is the bank constitutional?
  • Can the state tax the bank?

The court ruled that the bank was constitutional under the Necessary and Proper Clause.

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11
Q

What does Marshall define as ‘convenient’ in McCulloch v. Maryland?

A
  • Convenient
  • Useful
  • Essential

Marshall’s interpretation was part of the broader ruling in the case.

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12
Q

What did Gibbons v. Ogden establish about commerce?

A

Congress can regulate commerce among the states

This case provided the first major interpretations of commerce.

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13
Q

What was the central issue in Prigg v. Pennsylvania?

A

The constitutionality of the Fugitive Slave Act

The case involved whether Pennsylvania could apply state law against a slave owner retrieving an escaped slave.

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14
Q

What does the Fugitive Slave Clause state?

A

No person held to service in one state escaping into another shall be discharged from such service

This clause is found in Article IV, Section 2.

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15
Q

What was the Supreme Court’s ruling in United States v. Dewitt regarding Congress’s power?

A

Congress’s authority under the Commerce Clause alone was insufficient

The court held that Congress could only interfere with internal trade when it was a necessary means for executing another power.

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16
Q

What was the outcome of Hepburn v. Griswold regarding paper currency?

A

Congress lacked the power to make paper currency legal tender

The court held that there was no express grant of legislative power to create paper legal tender.

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17
Q

What did Knox v. Lee conclude about the Legal Tender Act?

A

The Act was constitutional

The court found it necessary due to a shortage of gold and silver during the Civil War.

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18
Q

What was the ruling in United States v. EC Knight regarding Congress’s regulatory powers?

A

Congress could not regulate local manufacturing

The Supreme Court ruled that commerce involves the sale or movement of an item after it is manufactured.

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19
Q

What was established in Champion v. Ames regarding lottery tickets?

A

Lottery tickets are subject to regulation as commerce

The Supreme Court ruled that the transport of lottery tickets between states constitutes interstate commerce.

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20
Q

What was the Supreme Court’s conclusion in Hammer v. Dagenhart regarding child labor?

A

Congress cannot regulate child labor under the Commerce Clause

The law was seen as an attempt to regulate state police powers.

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21
Q

What did Schechter Poultry v. US determine about Congress’s regulatory power?

A

Congress lacked the power to regulate local activities

The court ruled that local transactions did not directly affect interstate commerce.

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22
Q

What principle did the Supreme Court establish in NLBR v. Jones Laughlin Steel Corp regarding labor relations?

A

Federal government can only regulate labor relations that burden interstate commerce

The ruling clarified the limits of federal power in regulating labor practices.

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23
Q

What is the Substantial Effects Test?

A

A legal standard that allows Congress to regulate local activities that have a substantial effect on interstate commerce

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24
Q

Which case established the Substantial Effects Test?

A

United States v. Darby (1941)

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25
What did the Supreme Court hold in United States v. Darby regarding Congress's power?
Congress could regulate intrastate activities that have a substantial effect on interstate commerce
26
What is the Aggregate Principle as established in Wickard v. Filburn?
Intrastate activities that, when considered in the aggregate, have a substantial effect on interstate commerce
27
What was the issue in Heart of Atlanta Motel v. United States?
A hotel refused to allow black people to stay, challenging federal anti-segregation laws
28
What did the Supreme Court rule in Heart of Atlanta regarding human commerce?
The court held that humans are commerce and that Congress could regulate local incidents affecting interstate commerce
29
What was the jurisdictional hook identified in Katzenbach v. McClung?
Congress had jurisdiction to regulate local activity that utilized items that had previously traveled in interstate commerce
30
What was the central issue in South Dakota v. Dole?
Whether the federal government could condition highway funds on states raising the legal drinking age
31
What are the four general restrictions on Congress's spending power identified in South Dakota v. Dole?
* Exercise must pursue general welfare * Conditions must be unambiguous * Conditions must relate to federal interest * Conditions must not be coercive
32
What did the Supreme Court determine in United States v. Lopez regarding Congress's regulation of non-economic activity?
Congress could not regulate non-economic activities under the Commerce Clause
33
What distinction did United States v. Morrison reaffirm?
The distinction between economic and non-economic activity
34
What was the outcome of Gonzalez v. Raich regarding local marijuana cultivation?
Congress could regulate intrastate commerce when necessary to implement a national regulatory program
35
What did NFIB v. Sebelius rule regarding the individual mandate of Obamacare?
Congress lacked the power to impose the individual mandate under the Commerce and Necessary and Proper Clauses
36
What was the key issue in New York v. United States?
Whether Congress could force states to take ownership of radioactive waste
37
What principle did the Supreme Court reaffirm in Printz v. United States?
States cannot be compelled to enforce federal laws
38
What does Hamilton argue is essential for good government in Fed. 70?
Energy in the executive branch
39
Why does Hamilton advocate for a single executive?
To ensure quick, decisive action and clear accountability
40
What are the president's essential duties according to Hamilton?
* Enforcing laws * Defending the country * Conducting foreign policy * Responding to emergencies
41
How does Hamilton address concerns about tyranny in a single executive?
He argues that checks and balances will prevent tyranny
42
What comparison does Hamilton make between the federal executive and state executives?
He argues that single executives at the state level have shown stability and efficiency
43
What is the consequence of a weak executive according to Hamilton?
Indecision, inaction, and lack of respect for the office
44
What does the Vesting Clause in Article 2 of the Constitution state?
The executive power shall be vested in the President of the United States
45
What is the main purpose of a strong, energetic president?
To maintain order, manage the government, and protect the nation.
46
Under which article of the Constitution are the powers of the Executive branch defined?
Article 2.
47
What are the two main sources of presidential power?
* The Constitution * Legislation enacted by Congress.
48
What case examined the internment of US citizens of Japanese descent?
Hirabayashi v. United States (1941).
49
What did the Supreme Court conclude regarding the curfew imposed during wartime in Hirabayashi?
It was within the constitutional power of Congress and the executive to prescribe the curfew order.
50
What was the primary aim of Congress and the Executive during the internment of Japanese Americans?
Protection against sabotage of war materials and utilities.
51
What key principle did the Supreme Court establish in Korematsu v. United States (1944)?
All legal restrictions of a single race group are immediately suspect.
52
What was the dissenting opinion in Korematsu primarily concerned with?
Violation of constitutional rights and the legalization of racism.
53
What did the Supreme Court decide in Ex Parte Endo (1944)?
Endo should be given her freedom as the War Relocation Authority had no authority to detain her.
54
What was the ruling in Youngstown Sheet & Tube Company v. Sawyer (1952) regarding presidential power?
The President had no power to seize a private company unless authorized by the Constitution or Congress.
55
What are the three zones of presidential authority established in Youngstown?
* First Zone: Max Authority * Second Zone: Twilight * Third Zone: Lowest Eb.
56
What does the term 'presidential immunity' refer to in Trump v. United States?
A former President's immunity from criminal prosecution for official acts during tenure.
57
What is the Take Care Clause?
Requires the President to ensure that laws are faithfully executed.
58
What was the outcome of Myers v. United States (1926) regarding presidential removal power?
The President does not need cause to remove an official.
59
In Humphrey's Executor v. United States (1935), what was determined about the removal of FTC members?
They could not be removed at will, only for cause.
60
What did the Supreme Court rule in Morrison v. Olson (1988) about the independent counsel?
The independent counsel was an inferior officer and good cause removal did not unduly interfere with presidential power.
61
What does Seila Law v. CFPB (2020) clarify about the President's removal power?
The President must be able to remove the Director of an independent agency at will.
62
What was the ruling in Trump v. Vance regarding a President's immunity from state criminal subpoenas?
A sitting President is not absolutely immune from state criminal process.
63
What historical case did the Supreme Court reference to support the idea that a President is not above the law?
United States v. Burr (1807).
64
What principle was reaffirmed regarding the President's need for protection from subpoenas?
The President does not require a heightened need standard to fulfill Article II functions.
65
What principle did the Supreme Court establish in Burr v. United States regarding the President and subpoenas?
The President stands in nearly the same situation with any other individual with respect to production of private papers.
66
What did the Supreme Court rule about the President's need for protection in relation to subpoenas?
The President did not show that the protection of a heightened need standard is necessary to fulfill his Article II functions.
67
What is the public interest regarding subpoenas directed at the President?
The public interest in fair and effective law enforcement weighs in favor of comprehensive access to evidence.
68
What case addressed the citizenship status of Dred Scott?
Dred Scott v. Sandford (1857).
69
What was the Supreme Court's ruling in Dred Scott v. Sandford?
The Court ruled against Scott by a 7-2 vote, stating that slaves could never be citizens.
70
What did Taney find regarding the Missouri Compromise?
Taney found the Missouri Compromise to be a violation of the 5th Amendment, depriving slave owners of life, liberty, and property.
71
What criteria did Corfield v. Coryell identify for privileges and immunities?
Three criteria: fundamental privileges, rights belonging to citizens of free governments, and rights enjoyed by citizens of the states.
72
What does Section 1 of the Thirteenth Amendment state?
Neither slavery nor involuntary servitude shall exist within the United States.
73
What new power did Section 2 of the Thirteenth Amendment grant to Congress?
It gave Congress a new enumerated power to enforce this article by appropriate legislation.
74
What was the purpose of the Civil Rights Act of 1866?
To guarantee that all citizens of every race and color would have the right to make and enforce contracts, sue, and enjoy equal benefits of the law.
75
What was the role of the Freedmen’s Bureau?
To advance the interests of newly freed slaves and protect their rights as listed in the Civil Rights Act.
76
What did the Citizenship Clause of the Fourteenth Amendment establish?
All persons born or naturalized in the United States are citizens of the United States and the State wherein they reside.
77
What does the Privileges and Immunities Clause of the Fourteenth Amendment prohibit?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.
78
What did the Equal Protection Clause of the Fourteenth Amendment establish?
No state can deny to any person within its jurisdiction the equal protection of the laws.
79
What is the significance of Section 5 of the Fourteenth Amendment?
It allows Congress to enact legislation to enforce the rights guaranteed under the 13th and 14th amendments.
80
What was the ruling in the Slaughter-House Cases regarding the Privileges or Immunities Clause?
The Court ruled that the 14th Amendment did not protect unenumerated rights, focusing only on a limited set of federal rights.
81
What did the Court conclude in Bradwell v. Illinois about a woman's right to practice law?
The Court ruled that the right of admission to practice in the courts of a State is not a privilege or immunity under the Fourteenth Amendment.
82
What was the outcome of United States v. Cruikshank regarding state action and rights?
The Court held that the Fourteenth Amendment did not protect against state violations of enumerated rights.
83
What was the ruling in Plessy v. Ferguson regarding segregation?
The case established the separate but equal doctrine.
84
What did the Due Process Clause of the Fourteenth Amendment establish?
No state shall deprive any person of life, liberty, or property without due process of law.
85
What is the State Action Doctrine?
The 14th Amendment was intended to remedy the denial of rights only by state action.
86
What was the significance of Yick Wo v. Hopkins?
The Supreme Court ruled that arbitrary laws violating due process are unconstitutional.
87
Fill in the blank: The _____ Amendment abolished slavery in the United States.
Thirteenth
88
Fill in the blank: The _____ Amendment guarantees equal protection under the law.
Fourteenth
89
True or False: The Fourteenth Amendment protects individuals from private discrimination.
False
90
What did the government’s unequal and oppressive mind amount to?
A practical denial by the State of that equal protection of laws
91
What did the ordinance establish concerning consent?
A naked and arbitrary power to give or withhold consent not only as to places, but as to persons
92
What doctrine was established in Plessy v. Ferguson (1896)?
The separate but equal doctrine
93
What were the two parts of Justice Henry Brown's ruling in Plessy v. Ferguson?
* Rejected 13th amendment violation claims * A statute that merely distinguished between races is not slavery
94
What did the court find regarding the exercise of police power in Plessy v. Ferguson?
Such discrimination was a reasonable exercise of the state's police power
95
What did Justice Harland argue in his dissent in Plessy v. Ferguson?
Arbitrary separations of citizens based on race is a badge of servitude, violating the 13th amendment
96
What did the Lochner v. NY (1905) case involve?
Regulating how many hours bakers can work
97
What was the outcome of Lochner v. NY regarding the Due Process Clause?
Lochner argued that the Bakeshop Act violated the Fourteenth Amendment’s Due Process Clause
98
What did Justice Peckham suggest about the Bakeshop Act?
It aimed at helping unions and harming nonunion bakeshops
99
What presumption did the court establish in Lochner v. NY?
Presumption of Liberty
100
What was the ruling in Muller v. Oregon (1908) regarding female workers?
It made it a crime to employ female workers for more than ten hours a day
101
What significant ruling did Buchanan v. Warley (1917) affirm?
It violated the 14th amendment for a white man to be denied buying a home in a black neighborhood
102
What did Adkins v. Children’s Hospital (1923) rule regarding minimum wage?
Declared the federal minimum wage for women unconstitutional
103
What was the Supreme Court's decision in Meyer v. Nebraska (1923)?
Nebraska violated the liberty of the teacher, the student, and his parents
104
What was the ruling in Pierce v. Society of Sisters (1925)?
Oregon law mandating public school attendance was unconstitutional
105
What did Buck v. Bell (1927) imply about the government's powers?
Government must have the power to sterilize the imbecile
106
What changed in the legal landscape following the New Deal regarding economic liberty?
Regulations of economic liberty must be upheld if there is any conceivable basis to justify them as reasonable
107
What was the outcome of West Coast Hotel v. Parrish (1937)?
Court upheld the minimum wage law in Washington, overruling Adkins
108
What did the court establish regarding the presumption of constitutionality?
The court must presume the law is constitutional, unless there is a factual foundation against it
109
What did Brown v. Board (1954) determine about school segregation?
Segregation of children in public school solely on the basis of race deprives them of equal educational opportunities
110
What did Bolling v. Sharpe (1954) rule regarding federal schools?
Racial segregation in public schools is a denial of the due process of law guaranteed by the fifth amendment
111
What was the significance of Cooper v. Aaron (1958)?
The interpretation of the 14th amendment enunciated by the Court is the Supreme Law of the Land

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