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The joint dissent of Justices Scalia, Kennedy, Thomas, and Alito in NFIB v. Sebelius described this earlier decision asthe ne plus ultra [i.e., the ultimate

The joint dissent of Justices Scalia, Kennedy, Thomas, and Alito inNFIB v. Sebeliusdescribed this earlier decision as"thene plus ultra[i.e., the ultimate or highest point capable of being attained] ofexpansive Commerce Clause jurisprudence":

A.United States v. Morrison.

B.Wickard v. Filburn.

C. The Shreveport Rate Case.

D. Schechter Poultry Corp. v. United States.

FDR's Court-packing plan was a reaction to:

  1. the Supreme Court's refusal to exerciseoriginal jurisdiction in accordance with Article III, 2.
  2. Chief Justice Vinson's vocal support forratification of the Twenty-Second Amendment.
  3. the Supreme Court's assault on the NewDeal in cases such asNLRB v. Jones & Laughlin Steel Corp.andWickard v. Filburn.
  4. the Supreme Court's assault on the NewDeal in cases such asSchechter Poultry Corp. v. United StatesandCarter v. Carter Coal Co.

InKatzenbach v. McClung(1964), the Court:

  1. adopted the Jeffersonian interpretation
  2. of Congress's taxingand spending power.
  3. adopted the Jacksonian interpretation of Congress's taxingand spending power.
  4. invalidated Title II of the Civil RightsAct of 1964 as applied to a travelers'motel in downtown Atlanta.
  5. upheld the constitutionality of Title II of the Civil Rights Act of 1964 as applied to a barbecue restaurant in Birmingham.

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