2L Con law- 10th, Tax/Spend, 14th Case Groups and Case Breakdown

• 1-Garcia........ overturns National League; must be generally applicable
• 2- NY----------- can't commandeer state leg.
• 3-Printz--------can't compel state enforcement
• 4- Reno-------- must be generally applicable and not commander state legislature, enforcement, or regulate citizens

• JUSTICE BLACKMUN (swing voteà was in majority of National League… now in
• the majority for Garcia)

• Overturns National League (b/c “traditional
• and nontraditional government function is an unworkable distinction); Congress
• cannot impose laws that are not GENERALLY APPLICABLE LAW because otherwise
• would infringe on the 10th amendment—must apply to private individuals
• and states in the same manner; not target states;

Facts: Operation of mass transit= traditional state function; was argued by San Antinio Met. that FLSA not apply b/c of National League

• Under the 10th
• amendment, Congress may not COMMANDEER the state legislative process by
• compelling states to enact or enforce a federal law/regulatory program or force states to take title because it violates state sovereignty

• (a) States must retain the ultimate decision as
• to whether or no to comply

(b) Can’t force state to take title or pass legislation

• (1) Facts: New York sought declaration that the Low-Level Radioactive Waste Policy Amendments Act was unconstitutional. 1985 Act set
• deadlines for every state to join a regional waste compact, developing-state
• disposal, or find another way to dispose of its own waste.

• Federal government COMMANDER the state law enforcement to enforce or administer a federal regulatory program against its
• citizens because it violates separation of powers by removing Presidential
• oversight;
• Facts: Two chief law enforcement officers (CLEO) filed
• actions challenging the constitutionality provisions of the Brady Act, which
• required that they perform background checks on prospective gun purchasers.

• Congress may regulate state activities when
• the statute is a generally applicable law (Garcia) and does not require the state to (1) regulate its own citizens, (NY and Printz) (2) to enact law/regulations (NEW
• YORK), or (3) enforce a federal
• regulatory provision (PRINTZ);
• outside the scope of the 10th amendment.

Driver Info is an instrumentality of interstate commerce;

• Facts: SC brought suit against US, arguing Driver’s
• Privacy Protection Act, which prevented disclosure of private information contained in DMV records.

• 1- Butler ----- Tax/spend power broad (Hamilton view)
• 2- Steward Machine Co. ------ privileges/rights same
• 3- Sabri ------------ Necessary and Proper Clause
• 4- Dole ----------- Congressional limits for conditional funds
• Pennhurst ----- Bill of Rights= ambiguous

• Congress has broad (Hamilton view) authority to tax and spend for the general
• welfare so long as it does not violate other constitutional provisions.

• No distinction between privileges and natural
• rights when it comes to tax. Natural rights (vocations) are subject to uniform taxation
• Facts: Under the Social Security Act, Congress required employers with 8 or more employees to pay a payroll tax. Tax was laid with
• uniformity throughout US as a duty upon a relation of employment.

• Congress has the power under the taxing and
• spending clause in conjunction with the necessary and proper clause to ensure proper use and integrity of fed. Funds.

(a) Ensure spending is appropriate.

• Facts: Sabri, a developer, offered bribes to a city
• councilman to ease his real estate building plans. He was convicted for violating the federal anti-bribery
• statute, which he challenges as being unconstitutional. Bribed the councilman on three separate
• occasions.

• 4 Limitations on Congress for valid
• condition funds:

(a) Spending pursuant to the general welfare (great latitude here)

(b) Condition must be unambiguous (Pennhurst)

(c) Condition relates to a federal interest—

• (d) Condition does not violate other
• constitutional provisions

Condition is not coercion or compulsory under the 10th amendment. A mild ENCOURAGEMENT!

Facts: Congress passed a law withholding 5% of federal highway funds to states with a drinking age of less than 21 years.

• 13TH AMENDMENT
• - Runyon---------- (K--> private schools)
• - Jones ------------ (Real property --> sell to blacks)

• 14th AMENDMENT
• -Morrison--------> reaffirmed Civil Rights Case that 14th apply only to states
• - Morgan---------> Apply Necessary and Proper to prohibit literacy test although not unconstitutional;
• - Flores -----------> Must be history of discrimination and remedy is congruent and proportional to targeted violation.

• 15TH AMENDMENT
• -Holder----------> Avoidance Doctrine

15TH AMENDMENT

• Court applies avoidance principle to avoid
• constitutional issue and instead does a statutory analysis. All political
• subdivisions are eligible to file a bailout suit.

14th amendment

• Enactment under §5 of the 14th amendments, requires
• a history of discrimination by the states (which violates equal protection based on gender/race) and the remedy imposed by Congress must be congruent and proportional to the
• targeted violation; thus the means achieve the ends.

• (i) Congress can only ENFORCE the 14th amendment pursuant to §5 but cannot
• REINTERPRET or CREATE constitutional rights. GENERALLY APPLICABLE laws are
• exceed enforcement powers ->
• Religious Freedom Act :(

• (a)
• Facts: After the city of Boerne denied Archbishop
• Flores a building permit to expand a church, under a “generally applicable law”
• he contended that the permit denial violated the Religious Freedom Restoration
• Act. The RFRA prohibited the government from substantially burdening a person's
• exercise of religion even if the burden is the result of a generally applicable
• law, unless the government has a compelling interest and is using the least
• restrictive means.

14TH AMENDMENT (BRENNAN)

• EXAM: In Morgan, the court likened §5 of the 14th amendment to the Necessary and Proper Clause!!!! Congress can prohibit behavior that
• could lead to discrimination.

• Congress can regulate state conduct that
• violates 14th amendment. Est. the test for Congressional enactment
• under §5 of the 14th amendment: (1) plainly adapted to end historical violations of rights and (2) consistent with the letter and spirit
• of the constitution.

• Facts: NY required English literacy as a prerequisite
• to voting. US Attorney General alleged that 4(e) of the Voting Rights Act of
• 1965 can only be sustained if Court determines NY’s requirement violates the
• Equal Protection Clause of 14th amendment.

14TH AMENDMENT; REHNQUIST

• 14th amendment prohibits only
• state action. Reaffirmed Civil rights acts.

• (a)
• Facts: Morrison was accused of sexually assaulting a
• freshman student at the Virginia Polytechnic University and the victim sued
• Morrison for civil damages under the Violence against women Act.

13th amendment

13th amendment applies to REAL PROPERTY

• (a) §
• 1982 applies to prohibit private discrimination and that Congress had the
• authority under 13th amendment to adopt the law; "Congress has the power under the 13th amendment to determine what
• ARE THE BADGES AND INCIDENTS OF SLAVERY and the authority to translate that
• determined into effective legislation. Here…. Real property

13th amendment;

• 13TH amendment applies CONTRACTING; Private schools cannot solely exclude based on
• race

(a) No basis to distinguish from Jones; 13th amendment reaches private conduct J

• (b) Issue: Whether § 1981 prohibits private schools from excluding qualified African-American
• children solely because of their race