POLI2327 Lecture Notes - Enumerated Powers, Korean War, Nondelegation Doctrine
1 Apr 2014
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Lecture 22: new deal, wickard v. fillburn, nothing congress could do that could be beyond the commerce power. Same goes for this case except for the footnote: drafted by justice stone, sets agenda of supreme court for next 50 years, court starts with progressive view. Assumption that law might not be constitutional: second part: legislation that restricts voting. Did legislature pass law to protect the common good: tiers of scrutiny framework, depending on what discrimination is made, court will have various degrees of skepticism. Invidious discrimination: for the purpose of hurting people, rational basis test. Presumption is that the law is constitutiona. Judges will defer to legislature in every case unless it is completely irrational and arbitrary: intermediate scrutiny. Classification against women/sex: there are some reasons why you want to classify women from men, are gonna be kinda skeptical of it, separate bathrooms, can"t fight in combat.
