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					X.     According to your instructor, the tax in United States v Butler was found to be:
        A. constitutional, because the federal government can tax for the general welfare
        B. unconstitutional because it was not apportioned between the states
        C. constitutional, because of the decision in McCray v. United States
        D. unconstitutional because it was not trying to raise revenue; it was trying to regulate the economy.
        E. unconstitutional because it was structured like a penalty or a fine (with a "mental state" and special
       bureaucracy to enforce it).

x.     According to your instructor, the Taney Court changed the commerce clause in what critical way:
        A. Regulating commerce no longer meant to govern it
        B. the federal commerce power was no longer exclusive, which meant that, in effect, states could have
       it when the feds weren't using it
        C. The Commerce Power could not be used against manufacturing industries
        D. the commerce power could not be used to regulate conditions of factory labor

x.     According to your instructor, the case of McCray stands for the principle that:
       A. That the commerce power could NOT be used for general welfare purposes
       B. That the tax power could be used for regulatory purposes
       C. That the commerce power could be used for general welfare purposes purposes
       D. That the tax power could NOT be used for regulatory purposes
       E. that manufacturing and production were "local"

x.     According to your instructor, the first commerce clause case to use "dinner logic" was:
        A. E.CKnight
        B. Lochner
       C. Schechter Poultry
       D. New York vMiln
       E. McCray

x.    According to your instructor, John Marshall used the _______ Clause to justify his decision in
McCullough vMaryland:
       A. Necessary and Proper Clause
       B. Commerce Clause
       C. Privilege and Immunities Clause
       D. Supremacy Clause
       E. Taxing and Spending Clause

x.     According to your instructor, the following term was used to describe the liberal wing of the Court in
the 1930s:
        A. The Brethren
       B. The Forgotten Two
       C. The Silent Minority
       D. The Three Musketeers
       E. The Gang of Five
x.     According to your professor, what ideology was the principle competitor to laissez faire in the late
1800s and early 1900s:
        A. "agrarian ideology"
       B. socialism
       C. progressivism
       D. libertarian
       E. federalism

x.     When your instructor referred to the "motivation premise" in class, he was referring to

       A. the idea that Congress cannot use its commerce power with the intention (motivation) of regulating
       social or general welfare
        B. Judges sometimes apply motivated reasoning to their decisions
        C. the idea that one cannot be taxed according to what level of fault one has
        D. the idea that political regimes dominate the Court over time

x.     According to your instructor, the following term was used to describe the laissez-faire conservative
wing of the court during the 1930s:
        A. Three Musketeers
        B. The Gang of Five
       C. Four men and a baby
       D. Three Amigos
        E. Four Horseman

x.     According to your instructor, the decision in the McCullough case makes the words "necessary and
proper" (from the elastic clause) now mean:
       A. reasonable
       B. extremely necessary
       C. barely necessary
       D. essential

x.     According to your instructor, the phrase "dinner logic" refers to the idea that:
       A. Congress can regulate economic activity when it enters the stream of commerce, but not before
       then while it is being prepared for the journeyHence, if Congress had the power to regulate dinner, it
       could not regulate the cooking.
       B. The law has more to do with what a judge has for dinner than anything inherent in reasoning or logic
       C. The States have a dormant commerce power that allows it to "eat the same food" the federal
       government does when the feds are not interested in hogging the meal
       D. Congress can regulate the safety of all food and drugs, regardless of where or when they are

x.     True or False. According to your instructor, one of the principal reasons why Roosevelt’s Court-Packing
plan was so radical was because no other president in history had attempted to manipulate the size of the
Supreme Court for political reasons

x.     Which of the following cases held that Congress cannot ban child labor:
       A. McCray vUnited States
          B. Martin vHunter's Leasee
          C. E.CKnight
          D. Hammer vDagenhart
          E. Brown vMaryland

x. According to your instructor, The first case that evidenced a switch in the Court’s philosophy toward New-
Deal-type programs and that was decided after Roosevelt’s second election was:
          A. NLRB
          B. West Coast Hotel
          C. Darby
          D. Lopez
Note! The following questions involve a series of true/false. optionsAnswer “A” for true; “B” for false. All of the
questions concern the following matter:

According to your instructor, The case of Moorehead v New York and West Coast Hotel:

x.       Both involve state minimum wage cases

x.       Were decided consistently by the same Court

x.       In both cases, the 4 Horsemen won

x.     Moorehead was purposely decided before FDR’s second election; West Coast was decided after the
election The decision in Brown vBoard of Education was too controversial.

x. According to your instructor, Justice Robert Owens is most famous for:
          A. defiantly opposing the New Deal, and in one case defiantly reading a dissent from the bench
          B. switching his vote to allow New Deal-type legislation, effectively breaking the lock that the 4
          horseman had on lasses faire.
          C. Voting to uphold child labor
          D. Advising FDR that he should pack the Court with younger, progressive justices

x. Select the BEST. According to your instructor, one of the reasons often given for why the Court did what it
did in West Coast Hotel and NLRB is that:
        A. the Court is a separate branch of government that considers matters of law separately from what is
        happening in the elected branches of government. Therefore, this explains why Laissez Faire was being
        supported in these decisions
        B. Like Hamilton says, “judging is special,” meaning that judges will not become involved in being for or
        against political ideology as it manifests itself in the political culture. They will remain neutral in their
        C. The Court watches the election returns, meaning that the massive social transformation that had
        occurred since the Civil War and culminated in FDR’s second knock-out of laissez faire was something
        that the Court pays attention to
        D. The Court will not be affected by election returns because, in either case, the justices will simply
        vote their political ideology. This is why the only way FDR could gain approval for the New Deal was to
        wait until the Four Horsemen retired. Because he was elected four times, FDR finally obtained approval
        for the New Deal after the retirements.
x. According to your instructor, the most significant economic regulation case that the Court decided in the
1900s was:
       A. West Coast
       B. NLRB
       C. Wickard
       D. Hammer v Daggenhart

x True or False. According to your instructor, the weight of evidence suggests that the reason why the Court
decided West Coast Hotel was because of FDR’s Court-packing plan. Had the packing plan not existed, the
decision in West Coast would most likely have been different
Note! The following questions involve matching. For the next four questions, provide the answer of A, b, C or D.
Only one for each.

         A. Wickard vFilburn
         B. NLRB
         C. West Coast Hotel
         D. Darby

x. Substantive Due Process no longer exists for property rights (no “freedom of contract”).
x. The motivation of the statute is now irrelevantIn effect, Congress can be regulating commerce without
“regulating commerce.“ (It can, e.g., cure poverty, provide health care, etc).
x. Congress can use its commerce power so long as the thing being regulated substantially affects interstate
commerce; and, once again, regulation means “to govern.”
x. Even when someone does not participate in the economy, if his or her omission theoretically affects the
economy when considered in the aggregate, that counts as “affecting commerce.” Nothing of any significance
is now “local.”
x. True or False. According to your instructor, Roosevelt’s tenure in office lasted long enough to appoint
numerous justices to the high Court. With respect to those appointees, all of them were liberal. FDR did not
appoint conservative or centrist members.

x. The number of appointees Roosevelt made the Court was:
        A. 2
        B. 11
        C. 3
        D. 7

x. When describing the significance of the New Real constitutional revolution, your professor suggested that
the following might be true about Section 8 of Article I of the U.S Constitution (the powers of the federal

         A. that time has effectively eroded that portion of the document, and that we now have, in effect,
            federal constitutional powers that function not unlike a Parliamentary system (unwritten and kept
            by a national hegemony and public understanding).
         B. that time has, in effect, vindicated the real Constitution – the one appropriately defined by John
            MarshallThis is because the way we interpret the commerce clause today is consistent with what
            Marshall was doing doctrinally in the early 1800s.
         C. that the powers of Congress are cyclical, meaning that depending upon who is in charge, the
            Congress is either strong or weak.
         D. that Congress really only has extraordinary power during times of extraordinary crises, and that
            once the Great Depression was over, the powers of Congress began to subside again.

x. True or False. At the time that the Four Horseman were successfully voiding New Deal legislation over the
objections of the Three Musketeers, that same Court was unanimous 80% of the time when deciding the
other matters on the Court docket.
Note! The following questions involve matching. (Note: match the BEST).

    A. Lochner v. New York
    B. Carter v. Carter Coal
    C. E.C. Knight
    D. Hammer vDagenhart
    E. McCray v. United States
    F. Bailey v. Drexel Furniture Co
    G. United States v. Butler
    H. Adkins v. Children’s Hospital

x. Regulating the conditions of work under “boss bakers”
x. Tax on child labor
x. Tax on oleo
x. Sugar trust was formed that controlled 98% of the market
x. Tax-and-spend New Deal program that was, in effect, a price support for farmers
x. Tried to coax industry into a new-deal regulatory code by taxing companies that didn’t join, and by rebating
90% of the tax if they did
x. Banned shipment of goods produced by child labor
x. The government gave women and children a minimum wage
Note! The following questions involve matching. (Note: match the BEST).

    A.   Gibbons v. Ogden
    B.   Mayor of NY v. Miln
    C.   Cooley v. Bd of Wardens
    D.   Chisholm v. Georgia
    E.   Martin v. Hunter's Leasee
    F.   Lochner v. New York

x. dispute over land confiscated from a loyalist
x. war debt was not paid
x. Ships had to use a local pilot when sailing into Philadelphia
x. Involved the application of new technology, the steam boat, to ferry people and goods on waterways.
x. Had to post a bond against becoming poor
x. The due process clause forbids the STATES to regulate important aspects of the labor relationship, such as
setting wages and regulating conditions of work
Note! The following questions involve matching. (Note: match the BEST).

   A. Mayor of NY v Miln
   B. Cooley v Bd of Wardens
   C. E.C Knight
   D. Hammer v Dagenhart
   E. Bailey v Drexel Furniture Co
   F. United States v Butler
   G. Adkins v Children’s Hospital
   H. Morehead v New York
   I. Schechter Poultry v United States
   J. Carter v Carter Coal

x. The government cannot ban monopolies from forming in the manufacturing sector, because manufacturi ng
is not distribution, and the commerce power only extends to distributionHence, manufacturing is “local.”
x. Minimum wage case the Court rushed to declare unconstitutional so that it would be decided during FDR’s
reelection campaign
x. Government cannot use the taxing power to provide a stiff incentive for companies to join an industry -wide
regulatory code created by the New Deal
x. States have police powers that were not surrendered to the federal sovereign
x. After the product comes to rest in a state, it is no longer “commerce” because the journey has ended
x. Even though Congress has total regulatory control over DC, it still cannot create a minimum wage there
x. The federal government cannot tax for purposes of regulating the economy
x. You cannot use the commerce power while having a “social welfare motive.”
x. “Selective exclusivity” – federal power over commerce is exclusive only where a uniform rule would be
necessary Otherwise, states can enact commerce regulations, too, so long as they do not conflict with federal
x. Taxes cannot be structured like fines

x.    According to your instructor, what clause of the United States Constitution allows the federal
government to wage a drug war today?
       A. the necessary and proper clause
       B. the crimes clause
       C. the commerce clause
       D. the "faithfully execute" clause
       E. the supremacy clause

x.      True or False. According to your instructor, if the Warren Court in the 1960s had not allowed the
federal government to outlaw discrimination by using the commerce power, there was no other power-
conferring clauses in the constitution that could have been reasonably used to allow the legislation.

x.     SELECT THE BEST. According to your instructor, if someone believed that the constitution did not all ow
Congress to pass anti-gay marriage laws because the laws were not an "economic activity," the person would
be espousing a view most consistent with the principle of law announced in:
       A. Daniel v. Paul
       B. Gonzalez v. Raich
       C. U.S. v. Morrison
       D. NLRB v. Jones
       E. West Coast Hotel

x.       According to the class lecture, which of the following cases ended with a dissent from Justice Breyer
stating, "Because Judges cannot change the world, Congress, not the Courts, must remain primarily
responsible for striking the appropriate state/federal balance."
         A. Gonzalez v. Raich
         B. Daniel v. Paul
         C. U.S. v. Morrison
         D. Katzenbach v. McClung
         E. U.S. v. Lopez

x.     According to your instructor, what clause in the Constitution allows the government to wage a war on
       A. The Full Faith and Credit Clause
       B. The Commerce Clause
       C. The crimes clauses found in Article I, Section 8
       D. The Necessary and Proper Clause
       E. The President's emergency powers

x.      When the Court adopted a "rational basis test" for saying whether something "affects commerce," this
test meant that:
       A. Congress need only articulate a reason as to how something might affect commerce. And this belief
       is not even required to be proved "correct" in a court of law if the Congressional statute is being
       B. Congress must have certain evidence that an activity substantially affects the national economy
       before Congress can regulate it.
       C. Congress must have evidence sufficient to convince a reasonable person that the national economy
       is substantially affected by the activity in question
       D. If Congress is not regulating an economic activity, one cannot rationally conclude that the activity
       substantially affects the national economy

x.       True or False. According to your instructor, the Rehnquist Court was successful in creating a
significantly more conservative Commerce Clause today compared to the jurisprudence of the liberal FDR and
Warren Courts. This should not surprise us, because political regimes have been playing football with the
commerce clause ever since the country began.

x.      SELECT THE BEST. Let's imagine you own a small club in a rural area somewhere. If the items in the
snack bar have ingredients from another state, and if you have a juke box that plays music made outside the
state, you would most likely be found to be substantially affecting interstate commerce, allowing Congress to
govern you, according to what the Court decided in:
    A. Daniel v. Paul
    B. United States v. Nixon
     C. U.S. v. Lopez
     D. Heart of Atlanta
     E. U.S. v. Morrison
x.     True or False. According to your instructor, the framers may well have found the current reading of the
commerce clause (conferring a general-welfare power upon Congress) to be acceptable, given the structural
changes that were made to the original architecture of the 1787 constitution (democratization, direct election
of senators, popularly-elected presidency, etc.). This is because some elites within post-colonial culture
already wanted such a power for the federal government, even before the changes in architecture took place.

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