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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:
- the Supreme Court's refusal to exerciseoriginal jurisdiction in accordance with Article III, 2.
- Chief Justice Vinson's vocal support forratification of the Twenty-Second Amendment.
- the Supreme Court's assault on the NewDeal in cases such asNLRB v. Jones & Laughlin Steel Corp.andWickard v. Filburn.
- 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:
- adopted the Jeffersonian interpretation
- of Congress's taxingand spending power.
- adopted the Jacksonian interpretation of Congress's taxingand spending power.
- invalidated Title II of the Civil RightsAct of 1964 as applied to a travelers'motel in downtown Atlanta.
- 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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