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| Alito: the fed. gov should not be supervising Arizona's spending for teaching non-English speaking student, although the lower courts may still inquire into whether schools in question provide equal opportunities to those students under the fed. Equal Educational Opportunities Act. Federal law focused on "the quality of edu. programming and services provided to students, not the amount of money spent on them" |
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| Humphrey's Executor v United States |
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| Concerned President's removal power of people he appointed w/ Senate approval in his executive branch, member of FTC: see that business do not practice unfair methods of competition. Roosevelt asked Humphrey to resign, Fired him. Sutherland: against the Pres., regulatory commissions such as the FTC were meant to be special, commission are supposed to function independently of executive branch. |
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| Illinois ex rel. Madigan v Telemarketing Associates, Inc. |
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| Ginsburg: upheld the right of the states to bring fraud charges against telemarketers and other fundraisers who knowingly deceive potential donors about how much of their money will really go to charity. 1st Am. protections for charities are broad, most states past these laws. Case: Co. charged w/ fraud for allowing donors to infer most money raised went to delivering of food baskets, provide shelter for homeless. The Co. activities deliberate attempt to deceive |
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| Kentucky Association of Health Plans, Inc. v Miller |
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| Scalia: states have the power to require health maintenance orgs. (HMOs) to allow participation by any doctors and hospitals willing to accept their payments and rules. State met 2 requirements necessary for insurance regulation: directed towards entities in insurance, substantially affected the risk pooling arrangement b/w the insurer and the insured b/c eliminated the prospect of close network of hc providers. Case: Kentucky law regulating insurance or employee benefit plans |
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| Immigration and Naturalization Service v Chadha |
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| Issue of the legislative veto, decisions made by the executive branch could be vetoed by Congress. Congress: the Attorney Gen.'s decision not to deport an illegal alien could be set aside by a vote of either house, set aside decision not to deport Chadha. Burger: legislative veto for alien deportation unconstitutional, Constit. places veto power in Pres. hands, legislation bicameral, not something that can be done by house only, violate separation powers |
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| Kimel v Florida Board of Regents |
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| O'Connor: held that Congress lack the authority to bind state governments to the '67 Age Discrimination in Employment Act, which it extended to state governments in '74, solidated appeal by group of facutly member and librarians employed by state universities in Alabama and Florida. |
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| Reapportionment Case: Court showed that it was still going to be tough on states in the reapportionment of their congressional districts. Missouri had reapportioned 2 yrs earlier so that there was only a 3% deviation b/w the largest and smallest districts. Court said it had to make the deviation smaller b/c the test of the one-man, one-vote principle was the good-faith effort of the legislature to make the difference the smallest possible, equals prot. violation |
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| Konigsberg v State Bar of California |
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| Court upheld California refusing to admit a person to practice law in that state who had to refuse to answer questions about membership in the Communist Party. Harlan: balanced the right of an individual to say what he wants w/ the right of society to limit certain kinds of harmful speech, and found that the latter had the better argument. |
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| League of United Latin American Citizen v Perry |
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| Kennedy: 1 Part: upheld most of the Congressional redistricting done by the Texas-Rep-dominated legislature in 2003 against Demo. and other plaintiffs' claims of a statewide gerrymander. 2 Part: case did not present a workable test for deciding how much partisan dominance is too much, a partisan gerrymander may be found unconstit., valid to redraw congressional districts, case of change in political control, strike down Texas plan that removed Mex.Amer. and added Anglo. |
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| '42 the War Contracts Renegotiation Act allowed government to renegotiate war contracts for materials if it found that in the haste of negotiating the original contacts, excessive profits were being made by contractors, excessive profits can be recovered by the gov. Court: upheld the law, feeling that "excessive profits" was not a vague term in the view of reason the law was passed and that it was a wartime situation. War Dep. set guidelines based on law |
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| Lucas v Forty-Fourth General Assembly of Colorado |
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| Voters of the state land rejected a plan by a 2-to-1 vote which would have made both houses of the state legislature conform to the one-man, one-vote principle. Instead, taken other factors into consideration for state senate, malapportioned. Warren: threw out apportionment, equal protection clause of 14th Am., wrong to infringe upon a citizen's constitutional rights just b/c majority people chose to do so. |
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| reversed 5yr old holding, limited the privileges and immunities clause of 14th Am. Kentucky law: give inhabitants advantages over outsiders. Reed: upheld the law saying that states can run their own affairs unless the constit. tells them they cannot or unless the fed. gov. has taken over exclusively. Constit. does not stop states from passing these laws, they must be allowed to do so, judicial self-restaint. |
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| Concerning granting land titles in VA. Land owned by person who had gone to england during Rev. War, when he died land went to his nephew who was a british subject. Enacted law disallowing aliens to inherit property. Treaty reaffirmed title to the original landholders, law violates treaty. Court: upheld VA law, Story: the importance of the US Supreme court having final say on interpreting constit. |
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| Upheld Congress delegating to the President the power to call forth a state militia and place it under federal officers. Art 1, Sec 8 of the constit. gave congress the power over the militia, but since events occured while congress is not in session they decided to let the President handle it and the Court approved. |
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| McCardle, southern newspaper editor who was tried and convicted for sedition before a military commission. Went to court under Habeas Corpus, Congress passed law that deny the Court jurisdiction in these cases. Chase: held that the Court no longer has jurisdiction in the case and dismissed it. Constit. gives congress the power over the court's appellate jurisdiction, removing a portion of it fell in their rightful power |
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| upholding of a broad interpretation of constit. to enable national gov. to pass laws on subjects not specifically given them in the constit. Treasury Hamiliton convinced Congress to charter the first Bank of the US by virtue of the power of Congress to tax, regulate commerce, and coin money. |
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| Concerned power of congress to force someone to appear before it in the course of an investigation. Inaction of the Justice Dept. to investigate the many scandals connected w. the admin. of Pres.Harding. Senate subpoenaed brother of Attorney Gen to testify and arrested him for not showing up. . Van Devanter: upheld the right of Senate committee to bring the witness before it. Congress has the right to legislate on particular subject, Justice Dept. fell in those parameters, then has right to conduct hearings bear upon that legis. |
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| Roberts: held that Texas courts were not required to give a new hearing to a Mexican on death row, despite a directive from the President and the finding og the World Court that the trial violated US' treaty obligations b/c of the states procedural rule barring multiple appeals. the Vienna convention did not automatically become binding domestic law upon its '69 ratification, only Pres. and Congress could make treaty enforceable. Medellin: rape and murder of 2 girls |
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| Metropolitan Washington Airports Authority v Citizens for the Abatement of Aircraft Noise |
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| Separation of powers. Congress passed a law transferring control of National and Dulles Airports from the fed. gov. to the Authority, but only w/ the creation of Board of Review composed of nine members of Congress w/ veto power. Stevens: struck down law as violation of separation of powers. |
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| O'Connor: Indiana case that Congress lawfully imposed a deadline for federal judges considering state officials' request that court monitoring and supervision of prison conditions be ended. '96 Prision Litigation Reform Act would automatically suspend a federal judge's supervision of a state prison if the judge failed to respond to such a state requestion within 90 days. Law does not deprive courts of their adjudicatory role. |
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| Court rules on the constitutionality of Lincoln's suspension of habeas corpus in places where the civil courts were functioning. Milligan, an antiwar militant civilian in Indiana, arrested by military, tried and sentenced to death. Davis: Lincoln had exceeded presidental power by his order. Even Congress could not authorize it. Civil over military authority |
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| Chase: refused to issue an injunction against President Johnson to stop him from enforcing the Reconstruction Acts. These Acts vested discretion in Johnson as to his carrying them out and therefore he was performing executive duties which are not enjoinable, but ministerial duties where the Pres. has no discretion, could be enjoined. If he obeyed injunction, he would not be carrying out fed. statutes. and if he ignored it, Court cannot do anything about it |
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| Mistretta v United States |
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| Blackmun: upheld the '84 Sentencing Reform Act. Congress created the US sentencing commission to promulgate binding guidelines for fed. offenses so that the fed. courts could be more uniform in sentencing people. Not an excessive delegation of legislative power to the judical branch b/c the law did give discretion to the Commission. Judicial Branch did not violate separation of powers. at least 3 members had to be fed. judges, Pres. can appoint/remove |
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| Attorney General did not authorize independent counsel to investigate, grand jury looked at conspiracy among the 3 people in the case, they challenge the legality of the office of independent counsel. Rehnquist: upholding law, the office of indep. counsel is an "inferior" one rather than a "primary" one, and only the primary ones can be appointed by the president, courts, and heads of dept. The special division of AG from executive branch to judicial, was valid right to give counsel other than misc. duties. AG can remove indep. counsel |
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| Roberts: 2 civilian US citizens being held in American military custody in Iraq were entitled to file habeas corpus petitions. Bush admin. argued the men technically held by the 26-nation multinational force and fed courts had no jurisdiction. Disagreed it mattered that the were held by American soldiers subject to US chain of commands. Ruled against the men, Facing criminal charges under Iraq law and their release would interfere w/ Iraq sovereign authority to punish offenses |
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| 1876 law which said that postmasters, who are appointed by the Pres. w/ Senate approval for 4 yrs can only be removed before their terms are up w/ senatorial approval. Wilson removed Myers w/o Senate. Taft: upheld Wilson, struck down the law arguing that Pres. must have the right to remove the persons he appointed in his branch w/o having to seek senate permission. |
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| National Collegiate Athletic Association v Tarkanian |
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| Whether the NCAA was a private org. and could impose sanctions on the basketball program at the Uni. of Nevada at Las Vegas. Tark. was the men's basketball coach, or whether state action here that would allow Tark to invoke the due process clause of 14th Am. Stevens: there was no state action, Nevada was not source of NCAA rules, but a collective membership. but Uni. did not have to suspend coach for the 2 yrs school was under probation |
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| National League of Cities v Usery |
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| Rehnquist: temporarily ended the expansion of the federal commerce power. Congress in '74 amended the Fair Labor Standards Act so as to include fire and police departments, but the amendment went beyond Congress' commerce power and infringed upon state sovereignty. State must be allowed to decide wages, hours, and overtime compensation for the employees that carry out gov. functions. otherwise there will be little state sovereignty |
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| National Prohibition Cases |
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| The Court felt that prohibition was a topic which is permissibly handled by a constitutional amendment, and stated further that the 2/3 vote required to approve an amendment in Congress is 2/3 of those present and voting, rather than 2/3 of the total membership. |
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| Milner v Department of the Navy |
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| dept. of navy refusal to disclose the location of where they stored explosives on the naval base, navy said that they did not have to hand over maps because of a personal exemption but Court said Navy cannot use personal exemption b/c maps are not personal |
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| Monsanto Company v Geerston Seed Farms |
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| court loks at the issue of genetically modified crops. Alito: lifts a ban that says nobody can plant alfalfa seeds that are genetically modified to resist herbacides. Alito said the ban prevents the Argriculture Dept. from giving a partial approval |
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