Preemption Under The Supremacy Clause

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Pacific Gas and Electric v. State Energy Resources Conservation and Development Commission; Preemption cases depend on how the court charcterizes the purposes of the state statute and the controlling federal statute. Supremacy Clause.

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Early Fifth Amendment Case

Barron v. Mayor and city Council of Baltimore; Early Supreme Court cases held that the Fifth Amendment does not apply to the states. In this case, the Constitution does not compel just compensation.

Slaughter-House Cases

Slaughter-House Cases; The 13th Amendment and 14th Amendment are to be read narrowly to apply only to former slaves and African-Americans. Procedural guarantees are not yet applicable to the states.

The Contracts Clause

Home Building And Loan Association v. Blaisdell; Supreme Court looses restraints imposed by Contract Clause in time of economic emergency so state can legislatively alter remedies for the collection of debts if reasonably related to a public purpose.

Poll Taxes

Harper v. Virginia State Board of Elections; Poll taxes or voter wealth as a precondition for voting are unconstitutional.

Indecent Words Regulation By The FCC

FCC v. Pacifica Foundation; Indecent words not used to express political or social opinions can, in the broadcast media, be left unprotected by the First Amendment and thereby be restricted by the government.

Minors Access To Pornography

Reno v. American Civil Liberties Union; Laws regulating the access of minor to indecent and sexually-explicit content must be written in such as way that they do not infringe upon the rights of adults to access the same material.

Public Employee Speech

Connick v. Myers; When a public employee speaks not as a citizen but as an employee upon matters of personal interest, and that speech may cause disruption in the employee's office, the First Amendment usually does not protect.

Right of Free Association

NAACP v. Alabama; Curtailment by the state of the fundamental right of free association will be found unconstitutional unless it is show to be necessary to the achievement of a compelling government interest.

Freedom of Religion

Church of the Lukumi Babalu Aye v. City of Hialeah; Laws that restrict freedom of religious practice that are not of general application must be narrowly tailored to achieve an important and compelling governmental objective.

Affordable Care Act

National Federation of Independent Business v. Sebelius; Obamacare; Medicaid expansion; Spending Clause; Congress spending power; Medicaid funding; health insurance; healthcare; individual mandate; pre-existing conditions; premiums.

DNA Evidence

District Attorney's Office for the Third Judicial District v. Osborne; exonerating DNA testing; no post-conviction constitutional right to access DNA evidence; due process.

Farming Interstate Commerce

Wickard v. Filburn; Agricultural Adjustment Act; interstate commerce applies to home grown foods; Congress can regulate food consumed by grower.

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Preemption Under The Supremacy Clause

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