Test 2 Cases Flashcards
(17 cards)
Stewart Machine Co v Davis
Unemployment tax by fed; not coercion, constitutional; spending clause/general welfare
SD v Dole
Drinking age requirement to get federal money; ruled constitutional because it had substantial effect on transportation; spending clause case
NFIB v Sebellius
ACA case - can Feds withhold Medicaid money from states if they don’t expand? No, that’s coercion; spending clause case
Founders
Means - electoral college chosen by state legislature to select the president that was a continental figure of good reputation
Ends - independence of the executive from the legislature, prevent campaigning and use of popular arts, less ambition
Van Buren
Means - 2 party system where leaders choose the candidate
Ends - similar to founders
Progressive/Wilson
Means - mixed primaries, wanted the people to have a say; get a majority coalition
Ends - party should support the candidate; not worried about ambition
Modern Reform
Means - primaries
End - wants everyone to be involved
First Party System
Goal was no parties, but Federalist and democratic republican developed: DR held power for 24 years
Second Party System
Intense party competition; had to deal with slavery, that was the main issue dividing the parties
Third Party System
Republicans supported free labor and no slavery
Party machines and party bosses arrive with lots of corruption
Fourth Party System
Biggest debate was support for business power and the status quo vs political and economic equality
Fifth Party System
Economic fixes (New Deal) and welfare GOP starts to take the south
Sixth Party System
GOP appeals to whites, appeals to small business and limited government
Lots of back and forth in power between parties
INS v Chadha
Are one house vetoes ok? No, goes against the presentment clause and bicameralism; delegating powers case
Schechter Poultry
Can the executive set standards for fair labor? No, Congress gave him too much power and the law is too broad; delegating powers case
Youngstown Sheet
Can the president seize private property, even with his war powers? No, only Congress can do that. Executive power case
US v Nixon
Can SCOTUS review executive action? Yes. What are the limits of executive privilege? National security, military, diplomacy - Nixon has to give up the tapes because none of that is at risk in this case and in order for the judiciary to do their job in a criminal case, they need full information
