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Posts Tagged ‘Congress’

Original action in Supreme Court
- Cherokees had treaties w/USA
- A number of states passed laws outlawing governments of Indians, and outlawing the Indians rights’
- Filed an original action in US Supreme Court on grounds of separate

Wickard v. Filburn (1942) p. 175

Issue: C of the Agricultural Adjustment Act set aside and marketing quota system as applied to a farmer who grew 239 excess bushels of wheat over his quota and was fined $117
Farmer arguments:

Justice Story’s opinion
- Chief Justice Marshall recused himself due to financial interest in property—contrast Marbury decision
Opinion divided into 2 parts
- First part: Article III“shall be vested” is mandatory (this part is deleted from the

If a case is entirely political, it’s not justiciable. (“Questions, in their nature political, or which are, by the constitution and laws, submitted to the executive, can never be made in this court.” – Marbury)

Alden v. Maine Case Brief (Kennedy + 4, 1999): State probation officers filed FLSA claim in state ct. seeking damages for failure to pay OT. (Case had already been dismissed outta fed ct per Seminole.) Held: Congress,

Sovereign Immunity Limits on Federal Power (11^thCAM)
1. Can the commerce power circumvent state immunityfr. suits by citz of another state?
  1. Fed can issue injunction a/g state officials to enjoin enforcement of unconst’l law (Ex parte Young

A dispute arose as to whether Congress had the authority to pass the Religious Freedom Restoration Act of 1993 (RFRA). 9.1.2 Facts

The Court had held in a previous …

A dispute arose as to whether Congress had the authority to pass the GunFree School Zones Act of 1990. 9.7.2 Facts

Lopez, a twelfth-grade student, had brought a concealed handgun to school. He …

Squib South Dakota challenged the withholding of federal highway funds from states with a legal drinking age below twenty-one years. The state challenged the policy on the theory that it violated the Twenty-First Amendment…

A dispute arose as to the constitutionality of a federal statute directing states to regulate the disposal of radioactive waste.

9.11.2 Facts

After existing federal legislation proved ineﬀective in managing the …