exam 1 Flashcards
(48 cards)
Railroad Act of 1862
- Thisact provided Federal government support for the building of the first transcontinentalrailroad
♣ Only given when 40 miles of track laid out
♣ 50 miles of track completed within 2 years
♣ only use American steel
o $16,000 – flat territory
o $32,000 – desserts
o $48,000 – mountains
- land - gave 20 square miles of land for every mile of track laid
- Local subcities - told ppl their location is perfect bcoz it would help their town (but they need to pay the tax to be sent back to SCPR)
changes of Railroad Act of 1864
changes that permitted the railroads to issue their own mortgage bonds on track before it was built, up to 100 miles ahead of which had already been laid
o $24,000 – prairies
o $48,000 – high plains
o $96,000 – mountains
Who is Durante?
- control Union Pacific (started from Missouri)
- known as 1st dictator of the railroad
- formed company = Credit Mobilier
- schemes = quick profits on building not running the railroad
What did Durante want to do w/ CPR
he wanted CPR to build as far as California border
- put tracks on the daunting geography & sierras then stop
- UP & Credit Mobilier –> will do that easy & massively profitable flat plains
settled for CPR to go half of Nevada & stop 150 into the state
After the line started why did Huntington go to D.C.
he wanted to meet with Durante bcoz he need more money from gov’t
- Durante can replace Judah
federal Law
CSA = no possession, cultivation, distribution, and medical use
schedule 1 drug
misdemeanor = caught with MJ
- 1yr in prison & minimum of $1000 fine
severe = caught with MJ and has an intent to sell and grow
- 5 yrs prison & up to $250,000 fine
state law
decriminalized MJ for medical use (not prosecute)
exemption law = not prosecute if abiding by state law (medical card)
Drs can only recommend not prescribe.
can congress regulate MJ
YES (within jurisdiction bcoz considered commerce)
commerce clause
extended enumerated powers from interstate to intrastate by the N&P clause
dual sovereignty
fed and state laws both have authorization to regulate the same area
partial preemption
- congress will establish minimum national standards
- authorize the states to exercise additional regulations
- up to the states to meet the minimum & states can go further if they want
ex: EPA = cali meets minimum and exceeds
expressed
fed statue CLEARLY states to override state law
CSA said they do not intend to take over and will leave up to the states
implied
not clear, need to figure it out it’s hard to get clear law passed (you want to make it vague to get it passed & if its clear it’s harder to pass the law)
field
congress intentionally leaves no room for state authority in a given area (after long period of time they take over a lil more bcoz of some event)
impossibility conflict
a person cannot obey both laws
but if a person can choose to not to participate then its NOT an impossibility conflict
obstacle conflict
laws that prevent Fed gov’t from accomplishment its objective
ex: a state law blocking fed gov’t from doing their responsibility
Wickard vs. Filburn
farmer took some wheat to grow their own. Fed. gov’t says that’s not allowed bcoz growing your own prevents you from buying which affects the market
does the CSA preempt exemption law?
No, because they are hands-off which will not be preempted bcoz Fed. gov’t can still do their job
does the CSA preempt state laws that authorize and regulate med. MJ?
YES. bcoz they are creating laws that prevent feds from enforcing prohibition
california law
County of SD vs. San Diego Norml
- cannot be preempted bcoz it’s just a ID and does not immune from fed prosecution & it just identifies who are exempted from state prosecution
Oregon law
Emerald Steel Fabricators vs. Bureau of Labor and Industries
- LAW = employers needed to make reasonable accommodations for MJ users
- PREEMPTED
- had obstacle conflict & impossibility
- the authorized & regulated too narrow
Theodore Judah
- railroad engineer, worked on the east coast
- he developed research to develop a route through the sierra mountains
died on the ship on his way to meet Commodore Cornelius Vanderbilt (richest speculators in America)
- ship was going to Panama
- died from yellow fever at 37 yrs. old
Union Pacific
started from Missouri, from Durante
Central Pacific
started from Sacramento
