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Bradley - PHL - 347
John Stuart Mill (1806-1873) His book: Utilitarianism (1861) His definition of "utility" (p. 259) Humans are not just pleasure machines Against "pleasure" alone (p. 259) Socrates unsatisfied vs. pig satisfied (p. 261) Socrates is capable of experiencing
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Utilitarianism Video Do the Ends justify the Means? Ross Harrison Enlightenment questions custom and traditional authority Believes that utilitarianism is right for at least trying to determine when one must be sacrificed for the many instead of avoidin
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E.O. Wilson on Altruism_ABYBDXABYDEXABXBCYACYBDXDEYBEX Altruism vs. egoism Tertullian writes that the blood of martyrs is the seed of the church As mammals would be and ants would not we are fascinated by the forms of self sacrifice Such altr
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n M aimonidesrces of Evil nature does to us sasters, disease other people do to us ral we bring upon ourselves Atomist ls caused by oneself through our own action the evils that are ultimately our own fault soul, ect, is a strict arrangement of atoms Lif
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T itle In General McCulloch v Maryland Clinton v New York Commerce Clause cases Stafford v Wallace Shreveport rate case Lottery case Note on brooks Commerce/segregation cases Heart of Atlanta motele Case Katzenbach v McClung New Deal Schecter Carter coa
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THECONSTITUTIONof theUNITED STATES OF AMERICAVerDate 18-APR-200011:58 Apr 21, 2000Jkt 060673PO 00000Frm 00001Fmt 5229Sfmt 5229E:\HR\OC\HD214.XXXpfrm10PsN: HD214VerDate 18-APR-200011:58 Apr 21, 2000Jkt 060673PO 00000Frm 00002Fmt 5229Sfm
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Korematsu v. United States 1944I. Facts a. During World War II, Presidential Executive Order 9066 and congressional statutes gave the military authority to exclude citizens of Japanese ancestry from areas deemed critical to national defense and potential
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President and Civil Liability Can there be a civil lawsuit against the president? President has some discretion in appointing advisors Attorney General Gives legal advice to president Also has other responsibilities assigned by Congress Creates a confli
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Presidential Powers
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Presidential War Powers Use of Military Force
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BRADLEY UNIVERSITY DEPARTMENT OF POLITICAL SCIENCE Political science 459 Reading assignments Fall, 2005 Mr. LermackThis is a course in the constitution. In this first half, we deal with the powers of governments. The second half, PLS 460, deals with the
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Baker v. Carr 1901I. Facts a. Charles W. Baker and other Tennessee citizens alleged that a 1901 law designed to apportion the seats for the state's General Assembly was vir tually ignored. Baker's suit detailed how Tennessee's reapportionment efforts ign
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DaimlerChrysler Corp. v. Cuno 2006I. Facts a. As part of Ohio's economic development plan, DaimlerChrysler agreed to expand its operations in Toledo in exchange for tax exemptions and tax credits worth roughly $280 million. Charlotte Cuno and others chal
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Eakin v Raub 1825I. Facts a. b. II. Legal Questions presented a. b. III. Answers IV. Reasons (by _) a. Form of argument b. Legal doctrines V. Dissent reasons a. VI. Concurring reasons Class Notes Gibson was a Jeffersonian
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Ex Parte McCardle 1869I. Facts a. During the Civil War Reconstruction, William McCardle, a newspaper publisher and professional soldier in the Confederate Army reaching the rank of sergeant, published some "incendiary" articles which advocated opposition
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Political Questions Not everything that is political is a `Political Question' Political Questions refer to parts of the Constitution that `belong' to the "political branches" which are Congress and the President Political Questions are non-justicable U
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Marbury v. Madison February 24, 1803I. Facts a. On the last night of his presidential term (March 3, 1801), John Adams signed the commission appointing William Marbury to a seat as a federal judge. On that same night, the commission was sealed by the the
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Martin v Hunter's Lessee March 20, 1816I. Facts a. Thomas Lord Fairfax, a colonial proprietor, had died and left 300,000 acres of land in Virginia to his nephew, Denny Martin, a British subject. Virginia law prohibited inheritance by enemy aliens. The Vi
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Muskrat v. United States 1911I. Facts a. In 1902, Congress passed legislation granting public land to certain Native Americans. In 1902 and 1904, the legislation was amended to enlarge the number of Native Americans entitled to a share of the lands. The
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Standing M isc Terms Threshold defenses Rather than defend a questionable position, fight over legal technicalit ies. They are brought at the beginning of the case saying that the case cannot be brought simply due to i ts form. Generalized Grievance .
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Bailey v. Drexel Furniture Co 1919I. Facts a. As an exercise of its taxing powers Congress enacted the Revenue Act of 1919, also called the Child Labor Tax Law. Under the law, companies employing children under fourteen years of age would be assessed ten
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Bailey v. Drexel Furniture Co. [The Child Labor Tax Case] 1922I. Facts a. As an exercise of its taxing powers Congress enacted the Revenue Act of 1919, also called the Child Labor Tax Law. Under the law, companies employing children under fourteen years
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Carter v. Carter Coal Co. 1936I. Facts a. In 1935, Congress enacted the Bituminous Coal Conservation Act, also known as the Guffey Coal Act. The Act regulated prices, minimum wages, maximum hours, and "fair practices" of the coal industry. Although compl
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Champion v. Ames (Lottery Case) 1903I. Facts a. The defendants in the case were arrested and convicted under an Act of Congress of 1895 that made it illegal to send or conspire to send lottery tickets across state lines. b. II. Legal Questions presented
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Clinton v. City of New York 1998I. Facts a. This case consolidates two separate challenges to the constitutionality of two cancellations, made by President William J. Clinton, under the Line Item Veto Act ("Act"). In the first, the City of New York, two
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Gibbons v. Ogden 1824I. Facts a. Thomas Gibbons was operating a competing ferry service which had been licensed by Congress in regulating the coasting t rade. Ogden obtained an injunction from a New York court against Gibbons to keep him out of New York
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Gonzales v. Raich 2005I. Facts a. In 1996 California voters passed the Compassionate Use Act, legalizing marijuana for medical use. California's law conflicted with the federal Controlled Substances Act (CSA), which banned possession of marijuana. After
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Hammer v. Dagenhart [The Child Labor Case] 1918I. Facts a. b. II. Legal Questions presented a. Does the congressional act violate the Commerce Clause, the Tenth Amendment, or the Fifth Amendment? b. Does Congress have the authority to regulate commerce o
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J. W. Hampton, JR., & Co. v. United States 1928I. Facts a. b. II. Legal Questions presented a. b. III. Answers IV. Reasons (by _) a. Form of argument b. Legal doctrines V. Dissent reasons VI. Concurring reasons Notes Causes The tariff was not intended to
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Heart of Atlanta Motel v. United States 1964I. Facts a. Title I I of the Civil Rights Act of 1964 forbade racial discrimination by places of public accommodation if their operations affected commerce. The Heart of Atlanta Motel in Atlanta, Georgia, refus
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Katzenbach v. McClung Date DecidedI. Facts a. The owner of Ollie's Barbecue, in Birmingham Alabama, refused to serve blacks in apparent violation of the Civil Rights Act of 1964. Part of the Act prevented restaurants serving interstate t ravelers, or rec
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Mc Cray v. United States 1904I. Facts a. At the urging of dairy farmers, Congress passed an act imposing a tax of 10 cents per pound on oleomargarine that was artificially colored yellow. Noncolored margarine was taxed only one-quarter of a cent per poun
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McCray v U.S. 1904I. Facts a. At the urging of dairy farmers, Congress passed an act imposing a tax of 10 cents per pound on oleomargarine that was artificially colored yellow. Noncolored margarine was taxed only one-quarter of a cent per pound. McCray,
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McCulloch v. Maryland 1819I. Facts a. In 1816, Congress b. II. Legal Questions presented a. Does Congress have the power to charter a bank? b. If the bank is Constitution and thus, a federal instrument, can a state tax them? III. Answers a. "The power to
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National Labor Relations Board v. Jones & Laughlin Steel Corp. 1937I. Facts a. With the National Labor Relations Act of 1935, Congress determined that labor-management disputes were directly related to the f low of interstate commerce and, thus, could be
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Houston E. & W. T. Ry. Co. v. United States (Shreveport Rate Case) 1914I. Facts a. The Houston East and West Texas Railway Company managed an interstate railway line that ran through Dallas and Marshall, Texas (on the eastern border of Texas), and Shreve
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Stafford v. Wallace 1922I. Facts a. In 1921, Congress enacted the Packers and Stockyards Act in an attempt to regulate activities of meat packers that were unfair, discriminatory, or deceptive and encouraged the formation of monopolies. Stafford sought a
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Steward Machine Co. v. Davis 1937I. Facts a. The Steward Machine Company challenged the validity of a tax imposed by the Social Security Act. The Act established a federal payroll tax on employers; however, if employers paid taxes to a state unemployment
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The Daniel Ball 1876I. Facts a. b. II. Legal Questions presented a. b. III. Answers IV. Reasons (by _) a. Form of argument b. Legal doctrines V. Dissent reasons VI. Concurring reasons Notes Thought the boat does not leave the state of Michigan, it does A
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The Power to Investigate The power to investigate is the power to gather information McGrain v. Daugherty (1927) How Congress investigates Calls Committees Committees hold hearings Interview witnesses *most people called to testify actually want to te
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United States v. Lopez 1995I. Facts a. Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises. The next day, the state
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United States v. Mor r ison 2000I. Facts a. In 1994, while enrolled at Virginia Polytechnic Institute (Virginia Tech), Christy Brzonkala alleged that Antonio Mor rison and James Crawford, both students and varsity football players at Virginia Tech, raped
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Wickard v. Filburn 1942I. Facts a. Filburn was a small farmer in Ohio. He was given a wheat acreage allotment of 11.1 acres under a Department of Agriculture directive which authorized the government to set production quotas for wheat. Filburn harvested
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Boumediene v. Bush 2007I. Facts a. In 2002 Lakhdar Boumediene and five other Algerian natives were seized by Bosnian police when U.S. intelligence officers suspected their involvement in a plot to attack the U.S. embassy there. The U.S. government classi
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Clinton v. Jones 1997I. Facts a. Paula Corbin Jones sued President Bill Clinton. She alleged that while she was an Arkansas state employee, she suffered several "abhorrent" sexual advances from then Arkansas Governor Clinton. Jones claimed that her conti
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Dellums v Bush 1990I. Facts a. Fifty four members of Congress, to include U.S. Representative Ron Dellums, sued George H.W. Bush in 1990 attempting to halt a preemptive military buildup in the M iddle East in response to I raq's invasion of Kuwait. The p
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Duncan v. Kahanamoku 1946I. Facts a. While Duke Kahanamoku was a military police officer during World War II, he arrested Duncan for public intoxication. At the time, Hawaii, not yet a state, was being administered under the Hawaiian Organic Act which ef
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Ex Parte Quirin 1942I. Facts a. These cases concern Operation Pastorius, a failed attempt in June 1942 by Nazi agents to sabotage various U.S. targets. Following the declaration of war between the United States and Germany, eight German residents, Richar
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Ex Parte Merryman 1861I. Facts a. 1861, May 25 John Merryman, of Baltimore county, Md., was arrested, charged with holding a commission as lieutenant in a company avowing its purpose of armed hostility against the Government; with being in communication
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Ex Parte M illigan 1866I. Facts a. Lambdin P. M illigan and four others were accused of planning to steal Union weapons and invade Union prisoner-of-war camps. Once the first prisoner of war camp was liberated they planned to use the liberated soldiers t
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Mor r ison v. Olson 1988I. Facts a. The Ethics in Government Act of 1978 created a special court and empowered the Attorney General to recommend to that court the appointment of an "independent counsel" to investigate, and, if necessary, prosecute govern
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Myers v. United States 1926I. Facts a. An 1876 law provided that postmasters of the fi rst, second, and third classes shall be appointed and may be removed by the President with the advice and consent of the Senate. President Woodrow Wilson removed Myers
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Nixon v. Fitzgerald 1968I. Facts a. In 1968, Fitzgerald, then a civilian analyst with the United States Air Force, testified before a congressional commit tee about inefficiencies and cost overruns in the production of the C-5A t ransport plane. Roughly
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United States v. Belmont 1933I. Facts a. In 1933, the United States established formal diplomatic relations with the Soviet Union. This case involved a Russian metal works company which had deposited money in an American bank prior to the Russian Revolut
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United States v. Curtiss-Wright Export Corp. 1936I. Facts a. In Curtiss-Wright, the Supreme Court relied on just such inferences to conclude not only that the foreign affairs power vested in the national government as a whole, but that the President of t
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U.S. v. Nixon 1974I. Facts a. A grand jury returned indictments against seven of President Richard Nixon's closest aides in the Watergate affair. The special prosecutor appointed by Nixon and the defendants sought audio tapes of conversations recorded by
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Youngstown Sheet & Tube Co. v. Sawyer [The Steel Seizure Case] 1952I. Facts a. In April of 1952, during the Korean War, President Truman issued an executive order directing Secretary of Commerce Charles Sawyer to seize and operate most of the nation's st
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Thomas Hobbes The sovereign owes his authority to the will or the consent of those he governs. The sovereign is authorized only to protect the interests of the governed by maintaining civil peace and security The state is the product of a covenant or a
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UtilitarianismBentham How do we judge an action's utility "Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do as well as to determine what we shall do." Good
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Democracy Direct Democracy Indirect Democracy Representative Republic Types of Democracy Aristotle Founding Fathers Mixed Government (U.S. government as described by John Adams) Elections A necessary characteristic of democracy "Show" Elections: Ele