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Fullilove Vs. Klutznick
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- US Supreme Court
- Jul 02, 1980
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U.S. 448 (1980) U.S. Supreme Court Fullilove v. KlutznickSearch
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U.S. 448 (1980) Fullilove v. KlutznickSearch
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grants to state and local governments, which is one aspect of the equal protection of the laws. Cf., e.g., Katzenbach v. MorganSearch
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iv) Thus, the objectives of the MBE provision are within the scope of Congress' Spending Power. Cf. Lau v. NicholsSearch
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fashion. Cf., e.g., Swann v. Charlotte-MecklenbergSearch
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North Carolina Board of Education v. SwannSearch
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by innocent parties is not impermissible. Franks v. BowmanSearch
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objectives and are substantially related to achievement of those objectives, University of California Regents v. BakkeSearch
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a memorandum opinion upholding the validity of the MBE program and denying the injunctive relief sought. Fullilove v. KrepsSearch
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In Columbia Broadcasting System, Inc. v. DemocraticSearch
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Amendment. The rule is not different when a congressional program raises equal protection concerns. See, e.g., Cleland v. NationalSearch
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is an independent grant of legislative authority, distinct from other broad congressional powers. Buckley v. ValeoSearch
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to induce governments and private parties to cooperate voluntarily with federal policy. E.g., California Bankers Assn. v. ShultzSearch
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Oklahoma v. CSCSearch
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Helvering v. DavisSearch
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Steward Machine Co. v. DavisSearch
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Commerce Clause to regulate the practices of prime contractors on federally funded public works projects. Katzenbach v. McClungSearch
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Heart of Atlanta Motel, Inc. v. UnitedSearch
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Franks v. PageSearch
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California Brewers Assn. v. BryantSearch
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Teamsters v. UnitedSearch
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Griggs v. DukeSearch
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on the reach of the Commerce Power to regulate the actions of state and local governments. National League of Cities v. UserySearch
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for the power to regulate the procurement practices of state and local grantees of federal funds. Fitzpatrick v. BitzerSearch
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the equal protection guarantees of the Fourteenth Amendment. In Katzenbach v. MorganSearch
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or administration of governmental programs. Id. at 384 U. S. 652 -653. Four years later, in Oregon v. MitchellSearch
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discrimination, even though the use of these tests or devices might have discriminatory effects only. See City of Rome v. UnitedSearch
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encompass state action that has discriminatory impact perpetuating the effects of past discrimination. South Carolina v. KatzenbachSearch
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There are relevant similarities between the MBE program and the federal spending program reviewed in Lau v. NicholsSearch
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National Mutual Insurance Co. v. TidewaterSearch
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program, on its face, to be free of constitutional defects, it must be upheld as within congressional power. Parker v. LevySearch
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Aptheker v. SecretarySearch
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United States v. RainesSearch
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fashion. In Swann v. Charlotte-MecklenburgSearch
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attendance assignments were permissible so long as no absolute racial balance of each school was required. In McDaniel v. BarresiSearch
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Citations omitted.) And in North Carolina Board of Education v. SwannSearch
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laws have been violated, an equitable remedy may, in the appropriate case, include a racial or ethnic factor. Franks v. BowmanSearch
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