POL_S 300 Final: POLS 300 Final Study Guide (Spring 2017)
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Department
Political Science
Course
POL_S 300
Professor
Hans Schmidt
Semester
Spring

Description
POLS 300 Final Study Guide (Spring 2017) Terms/Concepts th th th 13 , 14 , 15 Amendments (content, history, associated cases) Known to be the reconstruction amendments o 13 amendment abolished slavery ▪ The Civil Rights Cases of 1883 ▪ Civil Rights Act isn’t necessary or proper to abolishing slavery neither is banning discrimination in private places such as railways and restaurants, etc. ▪ Slavery nor involuntary servitude shall exist in the U.S. ▪ Has the right to enforce the article with appropriate legislation th o 14 amendment guaranteed African americans equal protection of the laws, repealed 3/5 clause, prohibited rebels from serving the government ▪ The Slaughter House Cases of 1873 ▪ The Civil Rights Cases of 1883 o 15 amendment gave African American men the right to vote th o 16 Amendment (content, associated case) ▪ Congress can lay and collect taxes on incomes without apportionment ▪ Overturned Pullock v. Farmers Loan & Trust Co. Taxpayer standing (concept, associated cases) • Taxpayers have standing when o The law in question was passed under congress’s taxing and spending power o When the law allegedly exceeds specific constitutional limitations • Flast v. Cohen Executive powers (history, associated cases) • Ex Parte Merryman o Lincoln administration known for avoiding adjudicatioln War powers: Lincoln, Truman, Nixon, etc. (history, associated cases) • Lincoln: civil war and the power to suspend habeas corpus o Ex Parte Merryman • Nixon: vetoed congress’s request to withdraw troops o Was overturned o US v Nixon • War Powers Resolution (1973) (significance) • Asserts congress’s role in foreign military affairs • The president must notify congress before deploying armed forces and it must be done at least 48 hours in advance • President must provide congress with the information they request and give status updates every 6 months • President must end military activity after 60 days unless: o Congress grants extensions o Congress declares war o The US has been attacked and congress can’t meet • The president must withdraw forces if congress passes a concrete resolution requesting he do so o Congress did this in 1973 and Nixon vetoed it ▪ Congress overrides Nixon’s veto with bi-partisan support • Leads into US v. Nixon Appointment and removal powers (concept, associated cases) • The president has the power to fire whoever he wants o US v. Nixon • Congress by law can vest the appointment inferior officers as they think proper • Executive needs help from the legislative branch in order to fire someone in some instances o Humphrey’s executor • For every sitting justice over 70, president can appoint an additional justice to the supreme court(max. of 6) o FDR v. SCOTUS ▪ 6 justices during this time were over 70 Commerce Clause (content, history, associated cases) Cases Ex parte Merryman (1861) (facts, significance) • Lincoln was concerned for the nations capital because Republican’s believed Merryman was conspiring with other secessionists to prevent northern state militia’s from coming to WA D.C. o Suspended habeas corpus in Baltimore ▪ Habeas Corpus = a writ on behalf of a prisoner commanding a review of the lawfulness of that prisoners detentioln o Arrested anyone suspected of aiding the confederacy ▪ Merryman was one of the first people arrested • Indicted for treason but never tried • Chief Justice Taney issued an opinion stating the suspension was unconstitutional • Lincoln administration known to avoid adjudication The Prize Cases (1863) (facts, significance) • Affirmed presidential and national power • Justice Grier ruled that the president had the power under the constitution and international law to order a blockade Mississippi v. Johnson (1867) (facts, significance) • SCOTUS rules that judges cannot issue an injunction prohibiting a president from enforcing a federal law Texas v. White (1869) (facts, questions, opinions, significance) • Federal govt. gave Texas $5 million dollars in government bonds as a part of a settlement for state boundaries o Texas sold the bonds as a way to create revenue and White bought $210,000 worth ▪ Government renounced the bond sale as part of an illegal conspiracy to overthrow the federal government • SC rules in favor of the injunction which prohibits the federal government from paying bondholders who purchased from Texas Hepburn v. Griswold (1870) (significance) • Congress does not have the authority to pass the legal tender act o Requiring paper money cannot be considered an implied power under the necessary and proper clause o Justice Chase: Requiring people to accept paper money is not consistent with the spirit of the constitution Legal Tender Cases (1871) (significance) • Hepburn v. Griswold is reversed o Legal tender is necessary and proper for self-preservation of government ▪ It is not expressly written that it is forbidden or against the spirit of the constitution th o Does not violate property rights given by the 5 Amendment The Slaughter-House Cases (1873) (facts, questions, opinions, significance) • 1869 State of Louisiana legislature required that all butchery in New Orleans be done at one slaughter house controlled by Crescent City Live-stock landing and slaughtering company o Traditionally fell within states power • Butchers argued this creation of a monopoly was in violation of their 14 th amendment rights to pursue a living and deprived them of the value of their property • SC rules 5-4 against the butchers because the privileges and immunitiethbeing claimed by the butchers are state protections not covered by the 14 amendment o Equal protection clause refers exclusively to the newly emancipated slaves (1870) The Civil Rights Cases (1883) (facts, questions, opinions, significance) • At the end of the reconstruction era congress passed the civil rights act of 1875 o Prohibited racial discrimination in public accomodations o Challenged by private business owners • SC rules 8-1 that the 13 and 14 amendments don’t allow the federal government to regulate private discrimination o Justice Bradley says it is an action of the state and not a matter of the 14 th amendment o Justice Harlen says that private discrimination can be prevented by congress under the 13 amendment United States v. E.C. Knight Co. (1895) (facts, questions, opinions, significance) • American sugar refining company gained control of E.C. Knight which allowed them to control 98% of manufactured sugar in the U.S. • Federal govt. claims that they violated the Sherman Anti-Trust Act o Any form of monopolizing among the states or with foreign nations is to be deemed illegal and anyone who engages in the act is committing a felony • SC rules 8-1 that congress, under the commerce clause, does not have the authority to regulate monopolies • Justice Fuller argues that manufacturing is not subject to regulation under the commerce clause o Commerce is buying, selling, and transportation, manufacturing is the transformation of raw materials • Justice Harlan dissents citing Gibbons v. Augden and McCulloch v. Maryland; manufacturing is a part of commercial activity, regulating monopoly is necessary and proper to regulating interstate commerce Champion v. Ames (1903) (facts, questions, opinions, significance) • States began using lottery tickets as a way to generate revenue and a federal ban was placed to prohibit the interstate trafficking of lottery tickets o Champion was arrested for smuggling lottery tickets from Texas into California o SC rules 5-4 that the commerce clause does allow congress to prohibit certain items from interstate commerce o Justice Harlan argues that prohibition can be a legitimate form of regulation o Justice Fuller dissents that this is within the scope of states policing powers and that lottery tickets are not commercial products ▪ Congress’s legislation in this area violates the 10 amendment • Powers not delegated by the constitution which are not prohibited by the states are to be reserved by the states or its people Hammer v. Dagenhart (1918) (facts, questions, opinions, significance) • Keating-Owen act bans interstate shipment of goods produced with child labor o Dagenhart seeks an injunction so that his sons can continue to work at a cotton mill • SC rules 5-4 that congress does not have the authority under the commerce clause to ban the interstate sale of goods with child labor • The majority of the court believes congress is not trying to regulate interstate commerce but nationalize labor standards which is under the states jurisdiction o 10 amendment • Justice Holmes dissents saying that the law should be upheld in order to stay in accordance with the rulings of E.C. Knight and Champion Pollock v. Farmers’ Loan & Trust Co. (1894) (facts, questions, opinions, significance) • Congress imposed a 2% tax on corporate incomes of over $4,000 ( what would be equivalent to 107,000 in 2016) • Farmers Loan & Trust Co. agreed to pay o Pullock, a shareholder of the company, sues them to prevent them from paying the tax ▪ Argued they were unconstitutional direct taxes • SC rules that congress IS prohibited from levying a graduated income tax • Votes varied depending on tax o Real estate income-tax: 6-2 o Municipal bond income-tax: 8-0 o Other income taxes: 5-4 • Justice Fuller looks for a definition of direct and indirect income taxes from past decisions o Cannot find a definition but does find a common thread where land holdings are considered direct taxes • Justice Field concurs saying that graduated income-tax discriminates and creates the opportunity for class warfare o Says the taxes are inconsistent with the reconstruction amendments • Justice White dissents saying that the majority of the court isn’t upholding precedent o In 1794 congress passed the carriage tax where SCOTUS indicated that capitation and land taxes are direct taxes o Justice Harlan agrees with White’s definition of direct taxes ▪ Advocates overturning the ruling through a constitutional amendment ▪ Decision is ultimately over turned by the 16 amendment • Justice Brown dissents stressing the principle of judicial restraint o Judges should show deference to the decisions of political figures Wabash, St. Louis & Pacific Railway Company v. Illinois (1886) (facts, questions, opinions, significance) • Illinois passed a law prohibiting the discrimination of rates between long and short haul railway shipments o Wabash, St. Louis is found guilty of violating the law • SC rules 6-3 that Illinois infringed upon national commerce laws o Majority of the court rules the regulation of interstate railroad rates is of national character, which means regulation should be done by congress • Justice Bradley dissents saying that if congress has the power to regulate this, does that mean that the state is divested of all powers to regulate? o Cites Cooley in that this is a local issue which should be regulated by the states Frothingham v. Mellon (1923) (facts, questions, opinions, significance) • Frothingham & Massachusetts argue the maternity act is beyond the scope of federal govt. o Files as a taxpayer ▪ SCOTUS unanimously rules the plaintiffs don’t have standing in court ▪ Would leave an unfair advantage to other taxpayers Myers v. United States (1926) (significance) • Wilson appoints Myers to postmaster and fires him without notifying the senate o Myers sues the govt. • SC rules 6-3 that the law allowing the president to remove postmasters with the advice and consent of the senate is unconstitutional o Statutory restrictions on the presidents removal power are unconstitutional US v. Curtiss-Wright (1936) (facts, questions, opinions, significance) • With authorization from congress, FDR temporarily prohibits the sale of arms to Bolivia and Paraguay o Curtiss-Wright export company violated the prohibition and challenge their indictment • SC rules that congress did not unconstitutionally delegate legislative power to the president • The origin of federal power differs across domestic and foreign issues Schechter Poultry Corp. v. US (1935) (facts, questions, opinions, significance) • Congress passed the National Industrial Recovery Act (NIRA) o Allowed industries to establish regulations on wages, hours, and working conditions • Schechter Poultry found guilty of violating fair competition standards set by the NIRA • SC asks if congress has the authority under the commerce clause to set hours and wages of local businesses • SC asks if congress could constitutionally delegate these regulatory powers to the president o Supreme Court Unanimously rules that congress exceeded its commerce powers and its powers to delegate to the executive o Justice Hughes states that extraordinary conditions do not create or enlarge constitutional power ▪ Federal attempts to regulate wages and hours infringes upon the states police powers • The court argued that the Schechter’s were not involved in interstate commerce o They slaughtered and sold their poultry in Brooklyn o Their effects on interstate commerce are indirect and therefor outside of the scope of the commerce clause • The court also ruled that the delegation of the NIRA is too broad o Fair competition is not defined o NIRA supplies
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