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  • ...s interest in the life of the fetus and the health of the woman. While the Court undeniably reinforced its support of the constitutional core of  ''Roe'' ...ened. Further, a jurisprudential conflict exists as to whether the Supreme Court via  ''Roe''  and its progeny violates the tenets of [[federalism]], an
    22 KB (3,400 words) - 19:45, 6 July 2018
  • * [[Original Jurisdiction of Supreme Court]] * [[Roberts Court]]
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  • ...speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress, and the members of Congress shall be protected in ...d establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge
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  • ===Supreme Court Cases=== category = Supreme Court Cases
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  • ...appeal was taken to the [[Supreme Court of the United States|U.S. Supreme Court]]. ...nt]]. Relying largely on the ''Twining'' case, the majority of the Supreme Court affirmed Dewey Adamson’s conviction and rejected the argument of his coun
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  • ...s, known as [[Black Codes]], intended to regulate the freedmen and in many cases reduce them to a state of quasi-slavery. These laws imposed many special di ...se Cases'' of 1873. In these cases, Justice Samuel Miller, writing for the Court majority, adhered to the minimal change view; in dissent Justice Stephen Fi
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  • ..., moves were made by the [[Supreme Court of the United States|U.S. Supreme Court]] and Congress to move tribal governments to a less prominent position rela ...s relative to state governments was established in ''Worcester''. Here the Court established that state law has no force within Indian borders and that all
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  • ...er v. Dagenhart'' (1918), the [[Supreme Court of the United States|Supreme Court]] invalidated the federal Keating-Owen Child Labor Act, which had forbidden Speaking for the Court, Chief Justice William Howard Taft found that the present law, like its pre
    2 KB (243 words) - 22:13, 16 October 2019
  • ...[Fourteenth Amendment]] to the [[U.S. Constitution]]. The federal district court applied the precedent from ''[[Colegrove v. Green]]'' (1946) and dismissed ...ned, thus opening the window for “judicial resolution of reapportionment cases.” However, this decision was most significant because it established that
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  • ...itality of the Nation as a single entity.” Elk hunting, according to the Court, does not fit into that category. The decision is also interesting because [[Category:Supreme Court Cases]]
    1 KB (200 words) - 05:55, 18 October 2019
  • In ''South Dakota v. Wayfair, Inc., et al.'' (2018), the [[U.S. Supreme Court]] ruled that a state can require sellers with no physical presence in the s ...Court. In a five-to-four decision written by Justice Anthony Kennedy, the Court set aside the physical-presence rule required by ''Bellas Hess'' and ''Quil
    7 KB (1,078 words) - 19:43, 21 October 2019
  • ...appealed his case to the [[Supreme Court of the United States|U.S. Supreme Court]]. ...f Baltimore or the State of Maryland, Barron’s case was dismissed by the Court for lack of jurisdiction.
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  • [[Category:Supreme Court Cases]]
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  • ...us crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual serv ...served, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.''
    14 KB (2,226 words) - 19:26, 13 July 2018
  • ...data showing the bad effects on women of working too many hours. When the Court unanimously upheld the law, it paid tribute to Brandeis’s arguments and, ...was in cases involving freedom of speech, and he often dissented in those cases along with Justice Oliver Wendell Holmes Jr. The issue in contention was Ho
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  • ...rennan Jr. served on the [[Supreme Court of the United States|U.S. Supreme Court]] from 1956 to 1990, and during his tenure he influenced [[federalism]] in When Brennan joined the Court, he quickly picked up the mantle of incorporation—the effort to make the
    5 KB (825 words) - 20:21, 16 July 2018
  • ...oreclosed mortgages. The [[Supreme Court of the United States|U.S. Supreme Court]], speaking through Chief Justice [[Taney, Roger Brooke|Roger Brooke Taney] ...Bronson v. Kinzie,” in ''Landmark Decisions of the United States Supreme Court'' (Washington, DC: CQ Press, 2008), 68–69.
    2 KB (253 words) - 08:27, 18 October 2019
  • ...d by new Chief Justice Earl Warren and presaged a more activist era in the Court’s history. ...ars, park benches, water fountains, restrooms, and bibles for witnesses in court. Southern (and other) states also maintained segregated public schools.
    15 KB (2,308 words) - 08:29, 18 October 2019
  • ...nted noise. A closely divided [[Supreme Court of the United States|Supreme Court]] held the ordinance invalid because Congress had preempted state and local
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  • ...resident promising to appoint “strict constructionists” to the Supreme Court, nominated Burger to be chief justice. He was confirmed by the Senate by a ...as, he led the Court far beyond what the Warren Court had done. The Burger Court, for example, upheld busing as a remedy for school segregation, gave new me
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  • ...federal statutes can supersede state election laws and decisions of state supreme courts interpreting those state laws. ...es. After a series of decisions by lower state courts, the Florida Supreme Court ruled that the selective recounts should continue in the presidential race,
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  • [[Category:Supreme Court Cases]]
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  • ...cal failure could be forced to endure another attempted electrocution. The Court, noting that “[a]ccidents happen for which no man is to blame,” permitt ...nition of the right to competent counsel in state capital proceedings. The Court reversed another conviction obtained in the ''Scottsboro'' case because it
    20 KB (3,036 words) - 00:49, 17 July 2018
  • ...rative federalism]]. In this latter conception, the national government is supreme and is not forbidden from using its powers to affect the constitutional spa ...anklin Roosevelt’s]] court-packing scheme. The following year, 1937, the Court changed directions and supported the national supremacy view of federalism.
    4 KB (551 words) - 08:37, 18 October 2019
  • ...on v. Ames'' (1903), the [[Supreme Court of the United States|U.S. Supreme Court]] sustained a federal statute that made it illegal to transport lottery tic In later cases, the Court upheld the power of Congress to enact the Pure Food and Drug Act (''[[Hipol
    1 KB (218 words) - 08:39, 18 October 2019
  • ...ohn|John Marshall]], the [[Supreme Court of the United States|U.S. Supreme Court]] interpreted the Contract Clause broadly to include public charters as wel [[Category:Supreme Court Cases]]
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  • ...and specifies that the Supreme Court shall have original jurisdiction in cases in which a state shall be a party. ...however, disagreed with Hamilton and held that it had jurisdiction in such cases whether or not the state had given its consent to be sued. The decision rai
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  • ...ho had dissented strongly two years before in ''Braunfeld'', wrote for the Court in ''Sherbert v. Verner''. Here it was held that government could refuse an ...terest test. This set the stage for the collision between Congress and the Court in ''Flores''.
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  • ...rom the violation of the provisions of the act reviewable by the [[Supreme Court of the United States]]. In 1883, the Supreme Court declared the 1875 Act unconstitutional on the ground that, to cite part of
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  • ...tution|Constitution]], which permits the suspension of the writ “when in Cases of Rebellion or Invasion the public Safety may require it.” Taney argued ...e upon which he justified the imposition of martial law and the particular cases where he exercised it, Lincoln’s actions were more restrained than the se
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  • ...ictional point, and that the Supreme Court could not adjudicate appeals in cases when a state was a party. Such a practice, in effect, would immunize state ...itizens of Maryland who were convicted of a criminal offense by a Virginia court. The constitutional ban on extending “the Judicial power of the United St
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  • [[Category:Supreme Court Cases]]
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  • [[Category:Supreme Court Cases]]
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  • ...or limits on its branches, allowing considerable room for disagreement and Court interpretations over the centuries of this very important power. In additio ...te commerce among the states. In large part, these issues still occupy the Court.
    32 KB (5,040 words) - 02:12, 18 June 2019
  • ...on|Constitution]], has not caused the [[Supreme Court of the United States|Court]] to deal with the definitional problems, controversy, or direct conflict w ...mant foreign commerce power, like its domestic counterpart, both drew upon cases involving foreign commerce, and continued to be invoked with similar result
    9 KB (1,337 words) - 02:52, 12 July 2018
  • ...rincipal vehicle by which the [[Supreme Court of the United States|Supreme Court]] vindicated the rights of property owners against state abridgement. A cha ...ntracts, including state tax exemptions to business. More importantly, the Court in ''[[Dartmouth College v. Woodward]]'' (1819) concluded that the grant of
    9 KB (1,361 words) - 04:28, 8 August 2018
  • ...a to hire a local pilot. States may regulate interstate commerce, said the Court in an opinion authored by Justice Benjamin Curtis, as long as there is no p ...ople. The congressional power to regulate interstate commerce, however, is supreme when exercised and all conflicting state laws are void. Marshall, however,
    9 KB (1,374 words) - 08:53, 18 October 2019
  • ...osby'' case (2000) represents perhaps the [[Rehnquist, William|Rehnquist]] Court’s most important encounter with the intersection between [[federalism]], ...by Japan and the European Union before the World Trade Organization), the Court found that the state law thwarted Congress’s intent for the nation to spe
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  • ...ment of Health'' (1990) was a [[Supreme Court of the United States|Supreme Court]] case concerning the so-called right to die. Nancy Cruzan was a 32-year-ol [[Category:Supreme Court Cases]]
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  • ...luding manufacturing) engaged in interstate commerce. In its decision, the Court explicitly overruled ''[[Hammer v. Dagenhart]]'' (1918) and dismissed argum [[Category:Supreme Court Cases]]
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  • [[Category:Supreme Court Cases]]
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  • [[Category:Supreme Court Cases]]
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  • ...action. For example, the 1877 [[Supreme Court of the United States|Supreme Court]] case ''Munn v. Illinois'' gave states the power to regulate prices of fir ...its case (''United States v. Microsoft Corporation''). Recent U.S. Supreme Court decisions, such as ''North Carolina State Board of Dental Examiners v. FTC'
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  • ...es is sometimes described as “alienage jurisdiction,” although federal court power over both of these two categories falls under the umbrella term “di ...use state courts would be prejudiced against out-of-state parties. Federal court jurisdiction was thought necessary to provide a neutral, impartial forum fo
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  • ...se]] Law (1820), slavery was forbidden. He sued for his freedom in federal court, but Taney ruled that since slavery is expressly affirmed in the Constituti [[Category:Supreme Court Cases]]
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  • ...]] dealt with conflicts between the national and state governments in many cases, including ''[[McCulloch v. Maryland]]'' (1819), ''[[Gibbons v. Ogden]]'' ( ...vernments faced two obstacles to controlling large firms: first, a Supreme Court that favored laissez-faire economic theory over state regulatory powers; an
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  • [[Category:Supreme Court Cases]]
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  • ...not an overriding reason to curtail a right as fundamental as voting. The Court pointed out that [[U.S. Congress|Congress]] in the 1970 [[Voting Rights Act [[Category:Supreme Court Cases]]
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  • ...to California and becoming a drain on the state’s resources. A unanimous Court, speaking through Justice James Byrnes, invalidated the law, calling it an [[Category:Supreme Court Cases]]
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  • ...00 presidential election, the [[Supreme Court of the United States|Supreme Court]] ruled that the Equal Protection Clause limits the kinds of procedures tha ...significant influence on the way congressional districts, and even in many cases state legislative districts, are drawn by their state legislatures.
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  • [[Category:Supreme Court Cases]]
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  • ...ver, almost 200 years after the ratification of the amendment, the Supreme Court construed it to expand state sovereignty, declaring states immune from mone ...nary War bonds. Although Georgia claimed that it was immune from suit, the Court ruled that the [[U.S. Constitution]] allowed the plaintiff to override the
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  • ...gress, the president, and the [[Supreme Court of the United States|Supreme Court]] that as a practical matter there is very little, if anything, today that | ''Clause 9: To constitute Tribunals inferior to the supreme Court;''
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  • ...e this legal distinction. The [[Supreme Court of the United States|Supreme Court]] and the lower federal courts create tests to determine when laws distingu ...h Amendment was not meant to prevent one citizen from harming another; the Court determined that this amendment only protected citizens from state action.
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  • ...urt, however, did not apply the “strict scrutiny” that it uses in race cases as NOW and other women’s groups had hoped. Some women argued that the ERA ...a major reason why the ERA was not ratified. Also, after the U.S. Supreme Court decision in ''[[Roe v. Wade]]'' (1973) guaranteed the right to abortion, ER
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  • ..., when adjudicating issues involving state-created rights, to follow state court decisions in determining the law of the different states. ...mount in controversy in an effort to navigate their case into the specific court—state or federal—that applied the set of common law rules that was most
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  • ...he Fourth Amendment or simply a rule of evidence formulated by the Supreme Court to be followed by all inferior federal courts. ...ates, but it refused to incorporate the exclusionary rule. Writing for the Court, Justice Felix Frankfurter maintained that considerations of [[federalism]]
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  • ..., 12 regional and 1 national courts of appeals, and the 9-member [[Supreme Court of the United States]]. ...icials may review the decisions of some Article I courts, followed in some cases by review by Article III courts. Article III courts review the decisions of
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  • ...cently, Congress has limited the jurisdiction of tribal courts in criminal cases, but it seems inclined to respect the autonomy of tribes in civil matters. ...(in the judgment of the [[Supreme Court of the United States|U.S. Supreme Court]]). Lacking broad powers of compulsion, Congress ordinarily secures coopera
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  • ...to various interpretations. The federal courts have been reluctant to hear cases regarding that matter since the mid-1800s. Apparently the guarantee of a re ...er, the Court has not been consistent in that view. It was willing to hear cases brought by the George W. Bush campaign during the dispute over the 2000 pre
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  • ...ies to the individual polities that constitute the federal system. In such cases the federal government is generally limited in its scope and powers, functi ...he Soviet Union may well have been its classic modern counterpart. In both cases, highly centralized political authorities possessing a virtual monopoly of
    71 KB (10,449 words) - 05:54, 13 September 2018
  • ...(1810) was the first time the [[Supreme Court of the United States|Supreme Court]] interpreted the [[Contract Clause]] of the [[U.S. Constitution|Constituti [[Category:Supreme Court Cases]]
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  • ...States|Supreme Court]] than Felix Frankfurter. However, his career on the Court, especially on questions of [[federalism]], has sparked debate among schola ...inistrative Law, become close friends with self-restraint-oriented Supreme Court Justices Oliver Wendell Holmes and [[Brandeis, Louis D.|Louis D. Brandeis]]
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  • ...issues of slavery, comity, and federalism directly before the U.S. Supreme Court. ...to regulate the return of fugitive slaves. In the same case, the New York court remanded the fugitive slave, Jack, to his owner on the grounds that New Yor
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  • ...nt or records from another court would be not only admissible in the forum court but also conclusive as to the truth of the matter asserted. ...each of these States to the Records, Acts, and Judicial Proceedings of the Court and Magistrates of every other State,” was adopted by the [[Continental C
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  • ...ing to arbitrary and discriminatory sentencing patterns. In particular the Court was troubled by statistics demonstrating that African Americans were more l ...e legislatures favored use of the death penalty. They also argued that the Court had failed to follow precedent.
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  • ...ansit Authority'' (1985), the [[Supreme Court of the United States|Supreme Court]] made a strong redirection on [[federalism]] in interpreting the Tenth Ame ...plied “in areas of traditional governmental functions.” The ''Garcia'' Court, however, found that defining “traditional governmental functions” was
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  • ...ption of the [[Civil Rights Act of 1964]] and other legislation as well as court decisions extending protection against sex discrimination under the [[Fourt ...r, did not apply the “strict scrutiny” standard, which it uses in race cases, as the National Organization for Women (NOW) and other women’s groups ha
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  • ...appealed his case to the [[Supreme Court of the United States|U.S. Supreme Court]]. Following a lengthy postponement, the Supreme Court finally heard arguments for ''Gibbons v. Ogden'' on February 4, 1824. Massa
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  • [[Category:Supreme Court Cases]]
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  • [[Category:Supreme Court Cases]]
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  • ...l because they allowed too much discretion in sentencing. According to the Court, arbitrary and “freakish” implementation of the penalty was the result. ...tatute also required mandatory appellate review of any death sentence. The Court concluded that a death sentence was not disproportionate to the crime of mu
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  • [[Category:Supreme Court Cases]]
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  • ...anteed by the Constitution. Eight years later, in ''[[Roe v. Wade]]'', the Court held that the right of privacy included a woman’s right to abortion. [[Category:Supreme Court Cases]]
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  • ...the Guarantee Clause nonjusticiable, the [[Rehnquist, William|Rehnquist]] Court has intimated that the pledge of “republican government” can be a textu ...6). Continuing this approach, in landmark decisions midcentury the Supreme Court explicitly sidestepped the clause as authority for invalidating state legis
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  • ...gs, and adulterated foods. In ''Hammer v. Dagenhart'' (1918), however, the Court brought this line of decisions to an abrupt end. .... not contemplated by the . . . [[U.S. Constitution|Constitution]].” The Court concluded that to hold otherwise would “eliminate state control over loca
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  • ...Appeals as a judge in 1954, and a year later nominated him to the Supreme Court. The Senate confirmed him by a vote of 71–11. ...h federalism is manifested by his votes and opinions in criminal procedure cases. He steadfastly refused to accept the notion that the [[Due Process Clause]
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  • ...y, owners of public accommodations were free to discriminate. Although the Court later expanded its definition of what constitutes state action, it has neve ...' of 1883. In a concurring opinion, Justice William Douglas criticized the Court for not basing its decision on the Fourteenth Amendment as well as the Comm
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  • ...d. While the federal law did not explicitly preclude state regulation, the Court held that preemption was implied because of the paramount federal interest [[Category:Supreme Court Cases]]
    645 bytes (89 words) - 21:09, 18 October 2019
  • ...nd rejecting claims that the federal law violated the Tenth Amendment, the Court commented that Congress’s control over interstate commerce was “subject [[Category:Supreme Court Cases]]
    989 bytes (142 words) - 17:53, 21 October 2019
  • ...nor did it allow the farmers to put off payment indefinitely. The Supreme Court in a five-to-four decision authored by Chief Justice Charles Evans Hughes u [[Category:Supreme Court Cases]]
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  • ...e Court of the United States|U.S. Supreme Court]] to entertain a series of cases attempting to specify the boundaries. ...g issues across state boundaries. Railroad firms immediately challenged in court the new ICC’s powers, and Congress was later forced to specify them more
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  • ...on of the Laws|Equal Protection]] Clause. Justice Brennan, writing for the court majority, argued that Section 5 of the Fourteenth Amendment empowers Congre [[Category:Supreme Court Cases]]
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  • [[Category:Supreme Court Cases]]
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  • ...After the Civil War, [[Supreme Court of the United States|Supreme Court]] cases such as ''[[Texas v. White]]'' (1869) further reconfigured state-centered n
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  • ...was hoping to minimize the adverse effects of the working conditions. The Court had previously upheld a Utah statute case, ''Holden v. Hardy'' (1898), whic ...s invalid. In his dissent, Justice Oliver Wendell Holmes Jr. chastised the Court for protecting laissez-faire capitalism rather than the [[U.S. Constitution
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  • ...powers, but it does require reimbursement to a landowner in cases where a court determines a regulation has deprived an owner of all economically viable us ...as from building any permanent structures on the parcels. The U.S. Supreme Court held that an unconstitutional taking occurred if Lucas was deprived of all
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  • ...onstituted state authority in Rhode Island. The decision denied the higher court’s authority to settle political questions and allotted that role to the n ...before them and ruled against Luther. Luther appealed to the U.S. Supreme Court.
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  • ...ioning, he signed a written confession. Miranda’s confession was used in court and he was found guilty of the crimes. His conviction was challenged on app ...ights invalidates any confession and makes the statement inadmissible in a court of law. A suspect may waive his or her Miranda rights, but the burden is on
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  • ...would presume that the decision was based on federal law, unless the state court provided a “plain statement” to the contrary. ...to the criteria used by the Court in determining the legal basis of state court decisions.
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  • [[Category:Supreme Court Cases]]
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  • ...nd Fourteenth Amendments of the Constitution and therefore inadmissible in court. In ''Wolf v. Colorado'' (1949), the Court had held that while the Fourth Amendment’s guarantee against unreasonable
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  • ...nced the position of the [[Supreme Court of the United States|U.S. Supreme Court]] as the primary arbiter of disputes concerning federalism, and as the cons ...isted that within the scope of that constitutional grant, its actions were supreme and state action to the contrary was void.
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  • ...tate laws unconstitutional and the federal judicial power to reverse state court opinions. ...round that Section 25 of the Judiciary Act was unconstitutional. The state court justices conceded federal power to declare state laws unconstitutional, but
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  • ...Court]] in Paul v. Virginia, 75 U.S. (8 Wall.) 168 (1868), where the High Court upheld Virginia’s licensing power in regard to an in-state agency appoint ...n, in United States v. South-Eastern Underwriters Association, the Supreme Court found that rating in concert by nearly 200 private stock fire insurance com
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  • This [[U.S. Supreme Court|Supreme Court]] case addresses the scope of [[U.S. Congress|Congress’s]] taxing and spe ...d. He was assessed a fine and appealed his case all the way to the Supreme Court. McCray argued that the tax was an unconstitutional attempt to regulate an
    3 KB (525 words) - 18:13, 21 October 2019
  • ...entually appealed to the [[Supreme Court of the United States|U.S. Supreme Court]]. [[Category:Supreme Court Cases]]
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  • ...ies that are made under the authority of the United States “shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any ...ssing the relationship between the treaty power and U.S. federalism is the Court’s 1920 decision in ''Missouri v. Holland''. The ''Holland'' case concerne
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  • ...t to die, [[Affirmative Action|affirmative action]], and religious liberty cases. ...ut]]'' ruling, in which the [[Supreme Court of the United States|Supreme Court]] finds these state laws unconstitutional based on a right to privacy. The
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  • ...powers reserved to the states by the [[Tenth Amendment]]. According to the Court, such crucial economic activities as agriculture, manufacturing, and mining ...ebate over the proposal, the issue suddenly became moot when, in 1937, the Court decided ''National Labor Relations Board v. Jones and Laughlin Steel Corp.'
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