Constitutional Law Flashcards
For purposes of the political question doctrine, when does a case present a nonjusticiable political question?
(1) the Constitution has reserved decision-making on an issue to the executive or legislative branch
and/or
(2) matter is inherently not one that the judiciary can decide; lack of judicially discoverable and manageable standards
For purposes of the commerce clause, what 4 factors are used to determine if activities have a substantial effect on interstate commerce that warrants Congress’ regulation?
(1) activity is economic in nature
(2) regulation has a jurisdictional element that limits its reach to activities with direct connection to or effect on interstate commerce
(3) express congressional findings concerning the activity’s effect on interstate commerce
(4) strong link between regulated activities and effect on interstate commerce
What are 3 exceptions to a state’s ability to tax federal government affiliates?
(1) Congress granted the affiliate immunity
(2) tax discriminates against the federal government or affiliate
(3) tax substantially interferes with affiliate’s ability to accomplish its federal purpose or duties
In what 2 instances is a private actor considered a government actor?
(1) private actor performs traditional and exclusive government function
OR
(2) government is significantly involved in private actor’s activities
What are the 3 requirements for standing
(1) injury in fact
(2) causation
(3) redressability
What does the Federal Property Clause of the US Constitution give Congress the power to do?
Power to dispose of and make all necessary rules and regulations respecting the territory or other property of the United States
What standard is used to determine whether a tax by Congress should be upheld?
The tax only need be rationally related, or have a reasonable relationship, to the revenue production
What are 3 instances when federal preemption is implied?
(1) Congress intended for federal law to occupy the field
(2) state law directly conflicts with federal law
(3) state law indirectly conflicts with federal law by creating an obstacle or frustrating the accomplishment of that law’s purpose
What standard of review is used for challenges to statutes limiting campaign contributions?
Intermediate scrutiny
Statute must be closely drawn to correspond with a sufficiently important interest
What 3 things does the Dormant Commerce Clause prohibit?
(1) states from discriminating against out of state commerce
(2) unduly burdening interstate commerce
(3) regulating extraterritorial activity
Under the Dormant Commerce Clause, when does a state discriminate against out-of-state commerce?
State discriminates when it protects local economic interests at the expense of out-of-state competitors
What does the Appointments Clause of the US Constitution provide?
President has power to appoint ambassadors, Supreme Court justices and other principal federal officers w/ the Senate’s advice and consent
Congress cannot limit President’s power in selecting nominees
Pursuant to procedural due process, what is a state required to do before terminating welfare benefits?
The state must grant notice and hearing BEFORE terminating the person’s welfare benefits