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Con Law Midterm (1)
Nat League v. Usery, Youngstown Sheet and Tube v. Sawyer
11
Political Studies
Undergraduate 2
09/21/2007

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Cards

Term
-What was the Fair Labor Standards Act?
-What was it amended to?
-Was the amended version Constitutional?
Definition
-An act that set a minimum wage and maximum hours.
-It was amended to include states' employees.
-No!
Term
Why was the amended version of the Fair Labor Standards Act unconstitutional?
Definition
It held back the states' "ability to function effectively in a federal system."
Term
Fill in: "If Congress may withdraw from the States the authority to make those fundamental employment decisions upon which their systems for performance of these functions must rest,__________"
Definition
". . .we think there would be little left of the States' 'separate and independent existence.''
Term
Did Nat. League involve the commerce clause?
Definition
No. The states conceded that the act was within Congress's commerce clause power.
Term
What case did National League overturn?
Definition
Maryland v. Wirtz
Term
-What war was going on during Youngstown Sheet and Tube?
-What President was involved?
Definition
-The Korean War
-Truman
Term
How was the National Labor Relations Act involved?
Definition
It gave Truman the power to keep unions from striking. He decided not to use that power, though, because he was sympathetic to the union members.
Term
What was the result of the seizure of the steel mills?
Definition
The workers' conditions improved.
Term
What were the two questions the Court answered, and how did it anser them?
Definition
1) Does this situation require a Constitutional decision? Yes.
2) Does the President have the power to do what he did? No.
Term
What was Truman's argument for intervening?
Definition
He said he could do it because it was an emergency and he was the Commander in Chief.
Term
What was Justice Jackson's 3-tier approach?
Definition
1) P + C (maximum authority)
2) P (intermediate authority)
3) P - C (least authority)

Decision was Tier-3 because Congress could have given him the power to intervene but decided not to.
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