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-A group of probation officers sued their employer, the State of Maine, in 1992 alleging that the state had violated the overtime provisions of the 1938 Fair Labor Standards Act. This claim was dismissed in state court
-A sharply divided court held in a 5-4 decision that Congress may not use its Article I powers to abrogate the states' sovereign immunity. As seen in 11th Amendment. States are immune from suits in their courts. |
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-Marbury was appointed federal justice in the last days of Adams' presidency but this was never finalized.
-Marbury and several other appointees invoked an act of Congress and sued for their jobs in the Supreme Court. |
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-Black and white children went to different public schools (separate but equal, Plessey v Ferguson)
-This violated 14th A and was unconstitutional
-Overturned separate but equal. |
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-Former slave Dred Scott sued for freedom in SC after he lived in Illinois, free state.
-SC declared that no person descended from an American slave is/can be a citizen |
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-After Oregon passed the Death w/ Dignity Act, legalizing physician-assisted suicide, the Attorney General Asheroft banned the use of controlled substances for physician assisted suicite under the 1970 CSA
-The CSA did not authorize the attourney General to regulate physician-assisted suicide which is entrusted to the states. |
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Baltimore branch of the Second Bank of the US refused to pay taxes imposed by state of Maryland
-Unconstitutional for states to tax privately owned bank because federal institutions should be honored & not discouraged |
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-NYS law gave 2 individuals exclusive right to operate steamboats on water within state jurisdiction
-Steamboat owner who did business between NJ and NY challenged NY's monopoly
-NYS law was invalid by virtye of Supremacy Clause and because federal gov't must regulate interstate commerce. |
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-Federal agents charged a 12th grade Texan student with violating federal statute - Gun-Free School Zones Act by knowingly carrying concealed weapon into his HS
-Gun-Free School ZA is unconstitutional because it exceeds power of Congress to legislate under the Commerce clause |
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| Seminole Tribe v. Florida |
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-Seminole Tribe sued Florida for violating Indian Gaming Regulatory Act. FL moved to dismiss tribe's action because lawsuit violated FL sovereign immunity
-11th A provided FL with immunity. States may not be sued by partied w/o their consent even if they are given authority to regulate those parties' activities. |
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-Jay Printz and Richard MAck sued on the behalf of the CLEOs of Montana and Arizona against the provisions of the Brady Bill that required state officials to temporarily regulate handgun sales.
-US gov't cannot under the Necessary and Proper Clause regulate handgun purchases.
-N&P has limits |
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-Archbishop of San Antonio sued local zoning authorities for denying him a permit to expand his church, violating the Religious Freedom Restoration Act. Zoning authorities thought RFRA unconstitutional because Archbishop's church located in historic preservation whose ordinance forbids new construction.
-Congress exceeds 14A enforcement powers by enacting RFRA because Congress cannot determine manner in which states enforce legislative restrictions |
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-In Louisiana a 7/8 white 1/8 black man sat in a whites only car of a Louisiana train. When he refused to move, he was arrested.
-State imposed racial segregation does not violate the 14th A and segregation itself does not constitute unlawful |
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-Virginia Tech student raped by two students. - 1 was not found guilty and other was not punished. The victim dropped out of the university and sued the 2 students of Virginia Tech for violating part of Violence Against Women Act
-Congress does not have authority to enact VAWA under Commerce Clause or 14A because it doesn't affect interstate Commerce. |
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-Nixon refused to release audiotape conversations ne recorded in the oval office claiming executive privilege to preserve confidential communications w/in exec branch to secure nat'l interest.
-Court granted that limited exec privilege in areas of military/diplomatic affairs does exist but not in Nixon's case. |
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-A woman sued Clinton for sexually harassing her when he was governor and not improving professionally because she denied his advances. Clinton sought to invoke Presidential immunity to dismiss the suit.
-Serving president not entitled to absolute immunity from civil litigation arising out of events which transpired prior to his taking office because of separation of pwers or need for confidentiality |
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-City of CY challenged Clinton's cancellation of a provision in balanced budget act of 1977 and cancellaton of a provision in teh Taxpayer Relief Act of 1997
-President's ability to selectively cancel individual portions of bills violates the presentment clause Article I. |
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-4 British Australian citizens captured by US military in Pakistan/Afghanistan and transported to Guantanamo Bay. Families filed suit because court violated SA Due Precess clause. (no access to attorney/ held indefinitely)
-Court ruled US Courts have jurisdiction to consider legal appeals filed on behalf of foreign citizens held by US in Guant. Bay |
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-US attempted to assist Soviet Union in recovering assets on the First Russian Insurance Company which NY refused to release
-US agreements with USSR myst compel NY to release assets because power over external affairs is power of fed gov't. |
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| Youngstown Sheet and Tube Co v. Sawyer |
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-Truman orgered Sec of Commerce to seize and operate most of nation's steel mills to avert effect of strike by United Steel workers of America
-pres doesn't have power to take possession of private property + Pres' military power doesn't extend to labor disputes. |
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-US Captured Hamdan, Bin Laden's former chauffeur and was later granted habeas corpus to deem if he was an enemy combatant.
-Geneva Convention could be enforced in the SC in the absence of other leagal precedents w cases of this sort. |
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