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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
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  • * [[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
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  • ...[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]]
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  • 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
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  • ...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.''
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  • ...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
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  • ...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.
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  • ...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.
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  • ...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
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  • ...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.
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  • ...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
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  • ...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.
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  • ...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
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  • ...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
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  • ...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,
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  • ...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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  • ...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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  • ...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
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  • ...(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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  • ...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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  • ...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]]
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  • ...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]]
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  • ...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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  • ...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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  • ...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
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  • ...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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  • ...and wage policy. And, as Walter Berns (1963, 132) has so aptly noted, the Court increasingly regarded the Tenth Amendment as an “accessory to interpretat ..., but to the States as States.” Thus, for constitutional federalism, the Court affirmed “States as States” as a critical “attribute of sovereignty a
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  • ...e Court]] in ''[[Barron v. Baltimore]]'' in 1833. Speaking for a unanimous Court, Chief Justice [[Marshall, John|John Marshall]] held that the rights in the ...es that followed the ratification of the Fourteenth Amendment, the Supreme Court would fundamentally alter the pre–Civil War understanding that the Bill o
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  • ...[[Marshall, John|John Marshall]], a [[Federalists|Federalist]], used these cases to extend federal power not only over the states but also over the Indian t
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  • In this case the [[Supreme Court of the United States|Supreme Court]] manifested its historic dedication to the protection of economic liberty ...business, Justice George Sutherland, speaking for a 6–2 majority of the Court, held that the license requirement violated the Due Process Clause. He insi
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  • ...wn, it marked the beginning of a renewed interest in [[federalism]] by the Court. ...tional infringement on state sovereignty. In a 6–3 decision, the Supreme Court ruled for New York. Writing for the majority, Justice [[O’Connor, Sandra
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  • ...t’s police powers, but it does require reimbursement to a landowner if a court determines that a government regulation has deprived an owner of all econom ...an easement allowing public access across a portion of their property. The Court held, in a 5–4 decision, that the California Coastal Commission’s build
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  • ...ed States|Court]]. She played a vitally important role in the contemporary Court’s reinterpretation of many of its long-standing doctrines involving state ...rofessed sensitivity to state government concerns not only was apparent in cases that were overtly involved with federalism questions, but also played a rol
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  • ...isters and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.” ...e Revolution. From the federal courts’ inception, they would decide such cases.
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  • ...appealed his case to the [[Supreme Court of the United States|U.S. Supreme Court]]. ...ation” theory. In an opinion by Justice Benjamin N. Cardozo, the Supreme Court rejected these arguments.
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  • ...ew that this was a step toward the federalization of the criminal law, the Court held that while Alberto Perez’s activities may have been conducted locall [[Category:Supreme Court Cases]]
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  • ...War]], a majority of the [[Supreme Court of the United States|U.S. Supreme Court]] ruled in ''Plessy v. Ferguson'' that a Louisiana law mandating the separa ...na Separate Car Act of 1890. John Howard Ferguson, the trial judge in both cases, dismissed the charges against Daniel Desdunes, the defendant in the inters
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  • [[Category:Supreme Court Cases]]
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  • ...rce Clause. Many [[Supreme Court of the United States|U.S. Supreme Court]] cases involve balancing state police power with federal constitutional requiremen
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  • ...lding a congressional statute to be ''ultra vires'', as illustrated by the Court’s 1985 decision in ''Garcia v. San Antonio Metropolitan Transit Commissio ...n rare occasions enacts a statute overturning a preemption decision of the Court.
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  • ...e executed, commanding the armed forces, nominating members of the Supreme Court and cabinet officers, recommending measures for consideration of Congress, ...necessarily also the winner of the popular vote, and there have been three cases of this: Rutherford B. Hayes in 1876, Benjamin Harrison in 1888, and George
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  • ...or almost half a century. In ''Prigg v. Pennsylvania'' (1842), the Supreme Court, through Justice Joseph Story, a Massachusetts native and Harvard law schoo ...fugitive, as Prigg had in fact done. It was Prigg’s conviction that the Court, through Story, reversed, on the ground that Pennsylvania simply had no leg
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  • ...ted States'' (1997), the [[Supreme Court of the United States|U.S. Supreme Court]] struck down provisions of the federal Brady Handgun Violence Prevention A ...e U.S. Supreme Court decided the issue in ''Printz v. United States''. The Court agreed with Printz and Mack, and invalidated the mandatory background check
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  • ...ion process. The creation of a stronger national government with a federal court system and a national legislature that could regulate individuals transform ...States who resided there. The [[Supreme Court of the United States|Supreme Court]] determined the citizenship of persons who were not naturalized, and Chief
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  • ...rt]] first interpreted the Fourteenth Amendment, in the ''[[Slaughterhouse Cases]]'' (1873), it eviscerated the clause. In this case, some Louisiana butcher ...to regular [[Interstate Commerce|interstate commerce]]. Thus, the Supreme Court has defined “the right to travel” as a privilege and immunity of U.S. c
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  • ...feated in the 1950's and 1960's through the [[Civil Rights]] movement, the court system, and federal legislation. ...s. The reaction to the ''Brown'' decision was resistance and delay in many cases. It took years before some states were operating unitary public school syst
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  • ...ons born or naturalized in the United States, which overturned the Supreme Court’s 1857 ''[[Dred Scott v. Sandford|Dred Scott'' decision]], and guaranteed ...way to give the mostly black victims of terrorist acts recourse in federal court when state courts failed to protect them. The act also allowed the presiden
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  • The political and social context of the [[U.S. Supreme Court|U.S. Supreme Court’s]] November 22, 1971, decision in ''Reed v. Reed'' is important. A propo ...iminating employers in federal courts. In May 1971, the California Supreme Court had declared sex classifications to be “suspect” under that state’s o
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  • ...ity was largely abandoned after 1937, but it has reappeared in such recent cases as ''[[National League of Cities v. Usery]]'' (1976) and ''[[Printz v. Unit
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  • [[Category:Supreme Court Cases]]
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  • ...otected by the [[Due Process Clause]] of the [[Fourteenth Amendment]]. The Court did not make this an unlimited right, however, except for the first three m [[Category:Supreme Court Cases]]
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  • ...existing legislative apportionment. The Supreme Court decided six of these cases together as ''Reynolds v. Sims'' in 1964. ..., and legislation was introduced to prevent the Supreme Court from hearing cases involving legislative apportionment. All of these efforts failed, however,
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  • ...portionment revolution of the 1960's ([[U.S. Supreme Court|Supreme Court]] cases such as ''[[Baker v. Carr]]'' 1962 and ''[[Reynolds v. Sims]]'' 1964). The
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  • ...a’s votes have been slightly more favorable to the federal government in cases about federal-state relations than the votes of other justices appointed by [[File:Scalia, Antonin.png|thumb|Antonin Scalia. Collection, The Supreme Court Historical Society. Photographed by Joseph D. Lavenburg.]]
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  • [[Category:Supreme Court Cases]]
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  • [[Category:Supreme Court Cases]]
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  • ...r words, the individual state has immunity from a lawsuit filed in federal court by a citizen of another state or a foreign country, and the state determine ...sion in ''Seminole Tribe of Florida v. Florida'' in 1996, the U.S. Supreme Court had determined that [[U.S. Congress|Congress]] could abrogate state immunit
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  • ...ected from 1789 to 1909, corruption was proved to be present in only seven cases. Nonetheless, these instances were much publicized and proved crucial in un ...w'' 49: 2 (June 1955): 452-469; Ralph A. Rossum, ''Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of Constitutional Democracy'' (La
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  • ...mination still occurs, but since the 1960's legislation and [[U.S. Supreme Court]] decisions have provided increased legal protections against sex discrimin ...v. Reed]]''; the Court adopted intermediate scrutiny in sex discrimination cases falling under the equal protection clause in ''[[Craig v. Boren]]'' (1976).
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  • ...mily could qualify for Aid to Families with Dependent Children (AFDC). The Court ruled 6–3 against such durational residency requirements in a majority op The Court, however, failed in ''Shapiro'' to ground the right to travel in a specific
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  • ...udicial power to protect property rights from unreasonable regulation. The Court’s definitions of the amendment’s key terms influenced the course of con ...cision and appeal and eventually they became known as ''The Slaughterhouse Cases'' (1873).
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  • ...e and general Welfare of the United States.” In 1987, the [[U.S. Supreme Court]] held in ''South Dakota v. Dole'' that the Spending Clause authorizes [[U. ...entitled from any state that had a drinking age of less than 21 years. The Court determined that Congress had “acted indirectly under its spending power t
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  • ...ght to out-of-state locations as soon as it was received. Speaking for the Court, Justice McKenna said that between federal and state, one must be paramount [[Category:Supreme Court Cases]]
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  • ...t]] as the source of federal constitutional rulings, and the focus on this Court by the national media. State constitutional law, however, is a very importa ...r state where a state court interprets its own state constitution. A state court interpretation of its state constitution cannot reach, in a binding manner
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  • ...for individual rights. Noteworthy as this phenomenon of independent state court interpretation of state bills of rights has been, it is important not to lo ...f legislators (though in some cases by a supermajority, and in a number of cases, in consecutive sessions) and ratified by a majority of voters. State const
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  • ...icles of Confederation]] were largely silent on the existence of a federal court system and limited “federal” to that which took place when [[U.S. Congr ...Judiciary Act of 1789, which created the foundation of the modern federal court system.
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  • ...d v. Jones and Laughlin Steel Corporation]]'', in which the [[U.S. Supreme Court]] interpreted “interstate trade” to include activities inside state bor Also, the U.S. Supreme Court decided in several cases that the federal government had placed too much burden on state governments
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  • ...to Congress. Within limits established by the [[U.S. Supreme Court|Supreme Court]], state legislatures determine most provisions of election laws. Particula ...mmon structures include a separation of powers system, bicameralism in all cases except the Nebraska Unicameral, and an enduring two-party system. At the mi
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  • [[Category:Supreme Court Cases]]
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  • ...read into them by their respective supreme courts. New Jersey’s Supreme Court, for example, has interpreted the inalienable rights clause (Article I, Sec ...''Murray’s Lessee v. Hoboken Land and Improvement Company'' (1856), the Court wrote that it was not left to the legislative power “to enact any process
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  • ...e another state into court without the latter’s consent; (2) if so, what court can hear the dispute; (3) what law applies to the legal issues raised in th ...t states have consented to having disputes with other states resolved in a court of law is an accepted political assumption about the constitutional structu
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  • ...hich shall be 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 ...that the new Constitution and all laws and treaties made under it are the supreme law of the land, represents an attempt on the part of the framers to protec
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  • ...ectual without a supreme judicial tribunal. In that role, the U.S. Supreme Court has at various times discharged both a centralizing and decentralizing func ...onia Sotomayor, and Neil M. Gorsuch. Collection, Collection of the Supreme Court of the United States. Photographed by Frantz Jantzen]]
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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 ...entails has been subject to considerable controversy, but over time the Court has “incorporated” various parts of the Bill of Rights into the Due Pro
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  • ...fusing to draw a bright line between federal and state powers, the Supreme Court opened the door to further expansion of national authority that has continu ...acturing of goods for interstate shipment. Manufacturing, according to the Court, had only an indirect effect on interstate commerce.
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  • ...it was decided, for in finding the states to be “indestructible,” the Court countered some of the more radical theories put forward during Reconstructi [[Category:Supreme Court Cases]]
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  • ...nst nonresidents involved a fundamental right. In ''Toomer'', however, the Court added a new dimension to the test, inquiring whether the discrimination bea [[Category:Supreme Court Cases]]
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  • ...and prohibitive of any related action by other governments, while in other cases the preemption is partial, and other governments may continue to play a rol ...restraint, nonetheless Congress retains considerable authority because the Court’s rulings do not yet extend to mandate tools most commonly deployed at th
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  • ...ealing with a [[New Deal]] law that regulated agricultural production, the Court endorsed a broad interpretation of the General Welfare Clause, holding that ...e law. Another was ''[[Wickard v. Filburn]]'' (1942), in which a unanimous Court ruled that wheat that never left the small Ohio farm of Roscoe C. Filburn,
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  • ...ectual without a supreme judicial tribunal. In that role, the U.S. Supreme Court has at various times discharged both a centralizing and decentralizing func ...nquist, Sandra Day O’Connor, Anthony M. Kennedy. Collection, The Supreme Court Historical Society. Photographed by Steve Petteway.]]
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  • ...the repeal. In 1977, the [[Supreme Court of the United States|U.S. Supreme Court]] struck down the repeal as an unconstitutional impairment of a contract. T [[Category:Supreme Court Cases]]
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  • ...means to an unconstitutional end.” For Roberts and his colleagues on the Court, the [[Taxing and Spending Power|tax and spending]] program was merely a gu [[Category:Supreme Court Cases]]
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  • ...iculture, manufacturing, and mining from federal regulation, dominated the Court’s thinking about the Commerce Clause until it was finally rejected in 193 [[Category:Supreme Court Cases]]
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  • ...arked the first time since the [[New Deal]], sixty years earlier, that the Court has struck down a federal statute for exceeding Congress’s commerce power ...l court, but eventually appealed his conviction all the way to the Supreme Court.
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  • ...en Act also went beyond the reach of the Commerce Clause. According to the Court, the Constitution requires a distinction between what is truly national and ...orrison'' holding was one of several five-to-four decisions by the Supreme Court during the late 1990's and early 2000's that limited the authority of the f
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  • ...eneral. Chief Justice Earl Warren wrote the opinion for a nearly unanimous Court. The [[Supreme Court of the United States|U.S. Supreme Court]] rejected South Carolina’s argument that Congress may appropriately do n
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  • ...panion case, ''Vacco v. Quill'', Rehnquist, again speaking for a unanimous Court, upheld a New York law that made it a crime to aid another to commit or att [[Category:Supreme Court Cases]]
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  • [[Category:Supreme Court Cases]]
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  • ...on the constitutionality of the national bank. In both cases, the Supreme Court of Justice [[Marshall, John|John Marshall]] weakened the power of the state ...rights and nullification. By contrast, Webster asserted that the Supreme Court, not the states, was the final arbiter of the American Constitution, ending
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  • ...dren’s Hospital'' fourteen years earlier, and to a New York law that the Court had declared unconstitutional in 1936 in ''Morehead v. New York ex rel. Tip ...ording to Hughes, “is all we [judges] have to decide.” Since 1937, the Court has rarely interfered with a state’s constitutional authority to regulate
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  • ...gan to uphold New Deal legislation. By 1942, when Wickard was decided, the Court seemed willing to allow almost any economic activity to be regulated by Con ...s may have been local in nature and not regarded as commerce. However, the Court argued that by growing his own wheat, Filburn was not buying wheat on the o
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  • ...rt to apply the Fourteenth Amendment’s Equal Protection Clause to gender cases and prevent states from engaging in gender discrimination in the case Reed
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  • ...nia Criminal Syndicalism Act. He filed a complaint in the federal district court seeking an injunction to restrain Evelle J. Younger, the state district att A three-judge panel of the appropriate federal district court granted the injunctive relief restraining Younger from prosecuting the pend
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  • Clause 7: Judgment in Cases of Impeachment shall not extend further than to removal from Office, and di ...Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, beprivileged from Arrest d
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  • ...he Court of Appeals for the Ninth Circuit, Arizona appealed to the Supreme Court of the United States. ...t suggests that the decision may not survive a Trump presidency or a Trump Court.
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  • ...a federal law was constitutional. Jefferson insisted, “as in all other cases of compact among parties having no common judge, each party has an equal ri ...r Supreme Court justice has expanded on this assertion, but if the Supreme Court becomes increasingly committed to federalism, some version of compact theor
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  • ...re accurate to state that the [[Supreme Court of the United States|Supreme Court]] decision determined that it is unconstitutional for a state to refuse giv ...ourt of Appeals are Kentucky, Michigan, Ohio, and Tennessee (United States Court of Appeals for the Sixth Circuit). Each preceding case dealt with harm expe
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  • ...ia upheld the conviction. But in the majority opinion for the U.S. Supreme Court, Justice William O. Douglas wrote that such comments are "a remnant of the ...ustices in ''Mitchell v. United States'', 526 U.S. 314 (1999), that “the Court's decision in Griffin . . . did not even pretend to be rooted in a histori
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  • The [[U.S. Supreme Court|Supreme Court]] of the United States supported the individual rights interpretation of th ...state and lower federal court justices. As of 2019, however, the Supreme Court has refused to intervene further in ongoing debates over the Second Amendme
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  • In ''Timbs v. Indiana'' (2019), the [[U.S. Supreme Court]] ruled that the Eighth Amendment’s Excessive Fines Clause applies not on Tyson Timbs was convicted in state court for selling $225 of illegal drugs, and, among other penalties, fined $1,200
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  • ...an Humanist Association, et al.'' (2019), the [[U.S. Supreme Court|Supreme Court]] held that a large World War I memorial in the shape of a cross and locate ...respecting an establishment of religion.” This case was combined by the Court with another case dealing with the same issue, Maryland-National Capital Pa
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  • In ''Rucho v. Common Cause'' (2019), the [[U.S. Supreme Court|Supreme Court]] held that partisan gerrymandering claims are not properly suited for reso ...d in favor of the plaintiffs. The parties appealed directly to the Supreme Court.
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  • ...tions of a state government might be challenged in either federal or state court. ...ate bill of rights, is final and not subject to review by the U.S. Supreme Court.
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