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Devlin McDermott
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Decks in this class (34)
Constitutional Interpretation - Four positions
1 original intent originalism,
2 textualist,
3 living constitutionalism
5
cards
Judicial Review
Judicial review,
Marbury v madison 1803 p1
2
cards
Judicial Supremacy
1 constitution binds the states,
Martin v hunter s lessee 1816 p 24,
A cooper v aaron
5
cards
* NATURE & SCOPE OF NATIONAL POWERS- Necessary & Proper Clause (N&PC)
Necessary proper clause n pc in c...,
A necessary and proper means,
Mcculloch v maryland 1819 p 68
5
cards
*National Commerce Power
1 constitution,
2 summary of current law 3 releva...,
Aggregation principle
5
cards
NCP: Pre-New Deal Rules / Evolution
Gibbons v ogden 1824 p78,
The lottery case champion v ames ...,
Shreveport case houston east west...
4
cards
NCP: Modern era of the Commerce Clause: Post-New Deal
Nlrb v jones laughlin steel corp ...,
United states v darby 1941 p94,
Wickard v filburn 1942 p99
4
cards
NCP: Civil Rights Act of 1964
Civil rights act of 1964,
Heart of atlanta motel inc v unit...,
Katzenback v mcclung 1964 p105
3
cards
NCP: Retrenchment
Retrenchment,
United states v lopez 1994,
United states v morrison 2000 p 108
5
cards
NCP: Affordable Care Act (ACA) of 2010
National federation of independen...,
Summary of justice opinions,
E issues
4
cards
NCP: Taxing and Spending Powers
Article i 8 clause 1,
Taxing power issues,
Spending power issues
7
cards
NCP: The Dormant Commerce Clause
Article 1 10,
Cooley v board of wardens 1852 p 267,
5 categories of protectionism
19
cards
*SEPARATION OF POWERS: War, Foreign Policy and Presidential Power
B youngstown sheet tube co v sawy...,
Youngstown concurrence by justice...,
C emergency powers
5
cards
War Powers
United states v curtiss wright 19...,
Campbell v clinton 2000 p194,
Congress war power resolution of ...
5
cards
Congress and the Separation of Powers
2 ins v chadha 1983 p220,
Clinton v new york 1998 p226,
Morrison v olson 1988 p239
3
cards
“Political” Questions
Justiciability,
Political question,
B three types of political questi...
5
cards
Executive Privilege and Immunity
Executive privilege and immunity,
United states v nixon 1974 p 249,
Nixon v fitzgerald 1982 p 254
5
cards
* The Fourteenth Amendment and the Bill of Rights: Due Process (DPC)
1 14th amendment section 1,
3 the privileges and immunities c...,
Substantive due process
10
cards
Abandonment of Lochner.
A nebbia v new york 1934 p 372,
B west coast hotel co v parrish 1...,
United states v carolene products...
6
cards
Takings and Private Property
A takings clause,
Takings v regulation,
Takings v regulation williamson
7
cards
Contracts Clause
Art 1 10,
Home building and loan ass n v bl...,
United states trust co v new jers...
3
cards
Health Care, Broccoli, Big Sodas and the Liberty Question
I new york statewide coalition of...,
1 focus on idea of personal liber...,
2 can the gov t make us buy broccoli
8
cards
Privacy, Autonomy and the Fourteenth Amendment
Griswold v connecticut 1965 p 417
1
cards
Substantive Due Process: Abortion and the Fourteenth Amendment
1 roadmap of abortion law,
2 roe v wade 1973 p 431,
Planned parenthood of southeaster...
4
cards
Privacy and Autonomy after Roe
3 broad conceptions of privacy,
Personal liberties as a matter of...,
1 harm principle
7
cards
Due Process and Sexual Conduct
1 bowers v hardwick 1986 p521 exp...,
2 lawrence v texas 2003 p531 expl...,
Paris adult theater v slaton 1973...
3
cards
Equal Protection of the Laws
14th amendment,
B classification what forms get c...,
A railway express agency v new yo...
4
cards
Age Discrimination
Massachusetts v merger,
United states rr retirement bd v ...
2
cards
Race and the Equal Protection Clause
Dred scott v sandford 1857 1310 p...,
Plessy v ferguson 1896 1317,
Brown v board of education 1954 1332
10
cards
Race and the Framework of Review
Summary of current state of the law,
Korematsu v united states 1944 p1324,
Yick wo v hopkins
7
cards
Affirmative Action
General points,
C summary current state of the law,
Narrowly tailored
12
cards
Gender Discrimination
A personnel administrator v feeny...,
B reed v reed 1971 p1422,
Frontiero v richardson 1973 p1422
10
cards
Sexual Orientation
Review,
Romer v evans 1996,
3 united states v windsor 2013 su...
5
cards
State Action
Basic idea,
Three ways in which actions taken...,
1 state enforcement of private ch...
5
cards
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1L Constitutional Law
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