Download or read book The Passenger Cases and the Commerce Clause written by Tony Allan Freyer and published by University Press of Kansas. This book was released on 2014-09-30 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1849 Chief Justice Taney’s Court delivered a 5-4 decision on the legal status of immigrants and free blacks under the federal commerce power. The closely divided decision, further emphasized by the fact there were eight opinions, played a part in the increasingly contested politics over growing immigration, and the controversies about fugitive slaves and the western expansion of slavery that resulted in the Compromise of 1850. In the decades after the Civil War federal regulation of immigration almost entirely displaced the role of the states. Yet, over a century later, Justice Scalia in Arizona v. US appealed to the era when states exercised greater control over who they allowed to cross their borders; a dissent which has returned the Passenger Cases to the contemporary relevance. The Passenger Cases provide a counter-history that allowed the Court to affirm federal supremacy and state-federal cooperation in Arizona I (2011) and II (2012). In The Passenger Cases and the Commerce Clause Tony Allan Freyer focuses on the antebellum Supreme Court’s role prescribing state-federal regulation of immigrants, the movement of free blacks within the United States and on the origins, state court decisions, federal precedents, appellate arguments, and opinion-making that culminated in the Court’s decision of the Passenger Cases. The Court’s split decision provided political legitimacy for the 1850 Compromise: enactment of a stronger fugitive slave law, admission of slavery in western territories based on popular vote of residents (popular sovereignty), and the abolition of the slave trade in Washington D.C. The divided opinions in the Passenger Cases also influenced the immigrant and slavery crises which disrupted the balance between free and slave-labor states, culminating in the Civil War. The states did indeed enact laws enabling exclusion of undesirable white immigrants and free blacks. The 5-4 division of the Court anticipated the better known, but even more divisive, views of the Justices in the Dred Scott case (1857). And in considering the post-Reconstruction evolution of new standards by which to judge immigration issues, the Passenger Cases revealed the continuing controversy over how to treat those who wish to come to our country, even as federal law came to dominate the regulation of immigration. These issues continued to complicate immigration law as much today as they did more than a century and a half ago. The persistence of these problems suggested that a "decent respect to the opinions of mankind" continued to demand a coherent, humane, and more consistent immigration policy.

Download or read book United States Commerce Clause Case Law written by Source Wikipedia and published by Booksllc.Net. This book was released on 2013-09 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: 55. Chapters: Board of Trade of City of Chicago v. Olsen, Boynton v. Virginia, Carter v. Carter Coal Company, Champion v. Ames, Commonwealth Edison Co. v. Montana, Ex parte Young, Garcia v. San Antonio Metropolitan Transit Authority, Gilmer v. Interstate/Johnson Lane Corp., Gonzales v. Raich, Hammer v. Dagenhart, Heart of Atlanta Motel v. United States, Hoke v. United States, Houston E. & W. T. Ry. Co. v. United States, In re Debs, Katzenbach v. McClung, Kidd v. Pearson, McGoldrick v. Berwind-White Coal Mining Co., National Federation of Independent Business v. Sebelius, National Labor Relations Board v. Jones & Laughlin Steel Corporation, New York v. United States, North American Co. v. Securities and Exchange Commission, Panama Refining Co. v. Ryan, Passenger Cases, Paul v. Virginia, Reno v. Condon, Schechter Poultry Corp. v. United States, Seminole Tribe of Florida v. Florida, Southern R. Co. v. United States, The Schooner Exchange v. M'Faddon, United States v. Butler, United States v. Carolene Products Co., United States v. Darby Lumber Co., United States v. E. C. Knight Co., United States v. Locke, United States v. Lopez, United States v. Morrison, United States v. Rybar, United States v. South-Eastern Underwriters Association, United States v. Stewart (2003), Wickard v. Filburn. Excerpt: National Federation of Independent Business v. Sebelius, 567 U.S. ___ (2012), was a landmark United States Supreme Court decision in which the Court upheld Congress's power to enact most provisions of the Patient Protection and Affordable Care Act (ACA) and the Health Care and Education Reconciliation Act (HCERA), including a requirement for most Americans to have health insurance by 2014. The Acts represented a major set of changes to the American health care system that had been the subject of highly contentious debate, largely divided...

Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.

Download or read book Interstate Commerce Act written by Karl Knox Gartner and published by . This book was released on 1924 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Commerce Clause written by LandMark Publications and published by . This book was released on 2017-01-30 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and discuss Commerce Clause doctrine. The selection of decisions spans from 2014 to the date of publication.The Commerce Clause gives Congress the power "[t]o regulate Commerce . . . among the several States." U.S. Const. art. I, § 8, cl. 3. Although by its terms the clause speaks only of congressional authority, "the [Supreme] Court long has recognized that it also limits the power of the States to erect barriers against interstate trade." Dennis v. Higgins, 498 U.S. 439, 446, 111 S.Ct. 865, 112 L.Ed.2d 969 (1991) (quoting Lewis v. BT Inv. Managers, Inc., 447 U.S. 27, 35, 100 S.Ct. 2009, 64 L.Ed.2d 702 (1980)). This implicit or "dormant" constraint is driven primarily by concerns over "economic protectionism--that is, regulatory measures designed to benefit in-state economic interests by burdening out-of-state competitors." New Energy Co. of Ind. v. Limbach, 486 U.S. 269, 273-74, 108 S.Ct. 1803, 100 L.Ed.2d 302 (1988). Colon Health Centers of America, LLC v. Hazel, 813 F. 3d 145 (4th Cir. 2016).To that end, the Supreme Court has instructed that "[t]he principal objects of dormant Commerce Clause scrutiny are statutes that discriminate against interstate commerce." CTS Corp. v. Dynamics Corp. of Am., 481 U.S. 69, 87, 107 S.Ct. 1637, 95 L.Ed.2d 67 (1987) (emphasis added). "[W]hen a state statute [] discriminates against interstate commerce, it will be struck down unless the discrimination is demonstrably justified by a valid factor unrelated to economic protectionism." Yamaha Motor Corp. v. Jim's Motorcycle, Inc., 401 F.3d 560, 567 (4th Cir.2005) (quoting Wyoming v. Oklahoma, 502 U.S. 437, 454, 112 S.Ct. 789, 117 L.Ed.2d 1 (1992)). While discrimination "simply means differential treatment of in-state and out-of-state economic interests that benefits the former and burdens the latter," Or. Waste Sys., Inc. v. Dep't of Envtl. Quality of State of Or., 511 U.S. 93, 99, 114 S.Ct. 1345, 128 L.Ed.2d 13 (1994), not all economic harms or anticompetitive choices can or should be remedied through application of the dormant Commerce Clause. See Brown v. Hovatter, 561 F.3d 357, 363 (4th Cir.2009). Under the prevailing framework courts must chart a narrow course between "rebuff[ing] attempts of states to advance their own commercial interests by curtailing the movement of articles of commerce . . . [and] generally supporting their right to impose even burdensome regulations in the interest of local health and safety." H.P. Hood & Sons, Inc. v. Du Mond, 336 U.S. 525, 535, 69 S.Ct. 657, 93 L.Ed. 865 (1949). Colon Health Centers of America, LLC v. Hazel, ibid.

Download or read book Citizenship as Foundation of Rights written by Richard Sobel and published by Cambridge University Press. This book was released on 2016-10-26 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Citizenship as Foundation of Rights explains what it means to have citizen rights and how national identification requirements undermine them.

Download or read book Immigration Outside the Law written by Hiroshi Motomura and published by Oxford University Press, USA. This book was released on 2014-05 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--

Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Commerce Clause under Marshall Taney and Waite written by Felix Frankfurter and published by UNC Press Books. This book was released on 2018-02-01 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of the commerce clause touches most intimately the relations between government and economic enterprises, and the process by which the conflicting claims of the nation and states are mediated through the Supreme Court is of continuing interest. This study is a clear exposition of the various interpretations of the commerce clause under three great chief justices. Originally published in 1937. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Download or read book Laws Harsh As Tigers written by Lucy E. Salyer and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing primarily on the exclusion of the Chinese, Lucy Salyer analyzes the popular and legal debates surrounding immigration law and its enforcement during the height of nativist sentiment in the early twentieth century. She argues that the struggles between Chinese immigrants, U.S. government officials, and the lower federal courts that took place around the turn of the century established fundamental principles that continue to dominate immigration law today and make it unique among branches of American law. By establishing the centrality of the Chinese to immigration policy, Salyer also integrates the history of Asian immigrants on the West Coast with that of European immigrants in the East. Salyer demonstrates that Chinese immigrants and Chinese Americans mounted sophisticated and often-successful legal challenges to the enforcement of exclusionary immigration policies. Ironically, their persistent litigation contributed to the development of legal doctrines that gave the Bureau of Immigration increasing power to counteract resistance. Indeed, by 1924, immigration law had begun to diverge from constitutional norms, and the Bureau of Immigration had emerged as an exceptionally powerful organization, free from many of the constraints imposed upon other government agencies.

Download or read book An Outline of Law and Procedure in Representation Cases written by United States. National Labor Relations Board. Office of the General Counsel and published by . This book was released on 1995 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Business of the Supreme Court written by Felix Frankfurter and published by New York : MacMillan. This book was released on 1927 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Semblances of Sovereignty written by T. Alexander Aleinikoff and published by Harvard University Press. This book was released on 2009-07-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.

Download or read book Reports and Debates written by Methodist Episcopal Church. General Conference and published by . This book was released on 1844 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Download or read book Politics and the Constitution in the History of the United States written by William W. Crosskey and published by University of Chicago Press. This book was released on 1953 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the first two volumes of William Crosskey's monumental study of the Constitution appeared in 1953, Arthur M. Schlesinger called it "perhaps the most fertile commentary on that document since The Federalist papers." It was highly controversial as well. The work was a comprehensive reassessment of the meaning of the Constitution, based on examination of eighteenth-century usages of key political and legal concepts and terms. Crosskey's basic thesis was that the Founding Fathers truly intended a government with plenary, nationwide powers, and not, as in the received views, a limited federalism. This third volume of Politics and the Constitution, which Crosskey began and William Jeffrey has finished, treats political activity in the period 1776-87, and is in many ways the heart of the work as Crosskey conceived it. In support of the lexicographic analysis of volumes 1 and 2, volume 3 shows that nationalist ideas and sentiments were a powerful force in American public opinion from the Revolution to the eve of the Constitutional Convention. The creation of a generally empowered national government in Philadelphia, it is argued, was the fruition of a long-active political movement, not the unintended or accidental result of a temporary conservative coalition. This view of the political background of the Constitutional Convention directly challenges the Madisonian-Jeffersonian orthodoxy on the subject. In support of his interpretation, Crosskey amassed a wealth of primary source materials, including heretofore unexplored pamphlets and newspapers. This exhaustive research makes this unique work invaluable for scholars of the period, both for the primary sources collected as well as for the provocative interpretation offered.

Download or read book Constitutional Law written by Steven D. Jamar and published by Aspen Publishing. This book was released on 2017-02-28 with total page 1322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law: Power, Liberty, Equality presents most of the constitutional law cases generally considered canonical and, with one important exception, follows the tried and true organizational means widely used in constitutional law texts of dividing chapters and sections are along subject matter lines such as the Commerce Clause, equal protection, freedom of expression, and so on. Nonetheless, this book differs from other constitutional law textbooks in important ways. The text introduces cases by providing contextual information and by explicitly articulating much of the black letter law being introduced. Under this structure the cases provide the student with the opportunity to more easily see the difference between the doctrine per se and how it is actually developed and used by the Court. Cases become examples of the rules being applied and vehicles for deeper exploration of broader principles and themes.