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Bailey v Drexel Furniture Co

Course: PLS 459, Fall 2009
School: Bradley
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v. Bailey Drexel Furniture Co 1919 I. 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 percent of their annual profits. During the same year in which the act was passed, Drexel Furniture Company was found in violation of it and required to pay...

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v. Bailey Drexel Furniture Co 1919 I. 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 percent of their annual profits. During the same year in which the act was passed, Drexel Furniture Company was found in violation of it and required to pay over $6000 in taxes, which it did under protest. b. II. Legal Questions presented a. Did Congress violate the Constitution in adopting the Child Labor Tax Law in attempting to regulate the employment of children, a power reserved to the states under the Tenth Amendment? b. III. Answers a. Yes. The Court found that Child the Labor Tax Law was in violation of the Constitution as it intruded on the jurisdiction of states to adopt and enforce child labor codes. Chief Justice Taft argued that the tax law in question did much more than simply impose an "incidental restraint" but exerted a "prohibitory and regulatory effect" in a realm over which Congress had no jurisdiction. Taft feared that upholding this law would destroy state sovereignty and devastate "all constitutional limitation of the powers of Congress" by allowing it to disguise future regulatory legislation in the cloak of taxes. IV. Reasons (by ___) a. Form of argument b. Legal doctrines V. Dissent reasons VI. Concurring reasons Notes
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Bradley - PLS - 459
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
Bradley - PLS - 459
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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Chapter 3 - Rights Human Rights Can be thought of as devices that promote long-term utili ty But are best thought of as protections for individual persons that are of sufficient moral weight to shield us against being sacrificed for the greater good of
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Abrams v. United States 1919I. Facts a. The defendants were convicted on the basis of two leaflets they printed and threw from windows of a building. One leaflet signed "revolutionists" denounced the sending of American t roops to Russia. The second leaf
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Adderley v. Florida 1966I. Facts a. Harriet Louise Adderley and a group of approximately 200 others assembled in a non-public jail driveway to protest the arrests of fellow students and the state and local policies of racial segregation which included se
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Barnes v. Glen Theater 1990I. Facts a. Glen Theatre and the Ki t ty Kat Lounge in South Bend, Indiana, operated entertainment establishments with totally nude dancers. An Indiana law regulating public nudity required dancers to wear "pasties" and a "Gstr
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Brandenberg v. Ohio 1968I. Facts a. Brandenburg, a leader in the Ku K lux Klan, made a speech at a K lan rally and was later convicted under an Ohio criminal syndicalism law. The law made illegal advocating "crime, sabotage, violence, or unlawful methods
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Buckley v. Valeo 1975I. Facts a. In the wake of the Watergate affair, Congress attempted to ferret out corruption in political campaigns by restricting financial contributions to candidates. Among other things, the law set limits on the amount of money a
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Ladue v. Gilleo 1993I. Facts a. Margaret Gilleo placed a 24-by-36-inch sign calling for peace in the Persian Gulf on her front lawn. The original sign disappeared and a subsequent sign was knocked down. She reported these incidents to the police who advi
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Cohen v. California 1970I. Facts a. A 19-year-old department store worker expressed his opposition to the Vietnam War by wearing a jacket emblazoned with "FUCK THE DRAFT. STOP THE WAR" The young man, Paul Cohen, was charged under a California statute tha
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Edwards v. South Carolina 1962I. Facts a. The 187 petitioners in this case, all of whom were black, organized a march to the South Carolina State House grounds in which small groups of fifteen would walk in an open public area protesting the policies of
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Erznoznik v. Jacksonville Date DecidedI. Facts a. The University Drive-In Theater in Jacksonville, Florida had a screen that was visible from nearby public streets. The theater showed an R-rated film containing female nudity, which violated a Jacksonvill
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Federal Election Commission v. NCPAC 1975I. Facts a. In 1975, the National Conservative Political Action Committee (NCPAC) was accused by both the Democratic Party of the United States and the Federal Election Commission of violating the Federal Election
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Bethel school dist. 403 v. Fraser 1985I. Facts a. At a school assembly of approximately 600 high school students, Matthew Fraser made a speech nominating a fellow student for elective office. In his speech, Fraser used what some observers believed was a
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Gitlow v U.S. 1922I. Facts a. Gitlow, a socialist, was arrested for distributing copies of a "left-wing manifesto" that called for the establishment of socialism through strikes and class action of any form. Gitlow was convicted under a state criminal an
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Kovacs v. Cooper 1952I. Facts a. Charles Kovacs was driven around Trenton, New Jersey. He played music and spoke through an amplifier that he had placed on the t ruck in which he was r iding. He was convicted for violating Ordinance No. 430 of the City o
Bradley - PLS - 460
Madigan v. Telemarketing Associates 2002I. Facts a. VietNow National Headquarters, a charitable nonprofit corporation, retained forprofit fundraising telemarketing corporations to solicit donations to aid Vietnam veterans. The contracts provided that the
Bradley - PLS - 460
March v. Alabama 1940I. Facts a. Grace Marsh, a Jehovah's Witness, attempted to dist ribute religious li terature on the sidewalk near a post office in Chickasaw, Alabama. The town of Chickasaw is owned and run by the Gulf Shipbuilding Corporation and is
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Schenck v. United States 1918I. Facts a. During World War I, Schenck mailed circulars to draftees. The circulars suggested that the draft was a monstrous wrong motivated by the capitalist system. The circulars urged "Do not submit to intimidation" but ad
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Terminiello v. Chicago 1949I. Facts a. Father Arthur Terminiello, in an auditorium in Chicago, delivered a vitriolic speech in which he criticized various political and racial groups and viciously condemned the protesting crowd that had gathered outside
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Texas v. Johnson 1988I. Facts a. In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecra
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Tinker v. Des Moines comm. School dist 1968I. Facts a. John Tinker, 15 years old, his sister Mary Beth Tinker, 13 years old, and Christopher Echardt, 16 years old, decided along with their parents to protest the Vietnam War by wearing black armbands to t
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United States v. O'Brien 1967I. Facts a. David O'Brien burned his draft card at a Boston courthouse. He said he was expressing his opposition to war. He was convicted under a federal law that made the destruction or mutilation of drafts card a crime. b.
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Whitney v. California 1925I. Facts a. Charlotte Anita Whitney, a member of the Communist Labor Party of California, was prosecuted under that state's Criminal Syndicalism Act. The Act prohibited advocating, teaching, or aiding the commission of a crime,