Constitutional Law - Federal Power and Federalism

Question 1

The four components of standing are

Answer 1

(1) injury
(2) Causation and redressability
(3) Third party standing
(4) No generalized grievances

Question 2

The injury component of standing requires that

Answer 2

(1) plaintiffs only assert injuries they have personally suffered
(2) plaintiffs seeking injunctive or declaratory relief must show a likelihood of future harm

Question 3

The causation and redressability component of standing requires that

Answer 3

the plaintiff allege and prove that the defendant CAUSED the injury so that a favorable court decision is likely to REMEDY the injury

Question 4

Under third party standing doctrine, there is generally no

Answer 4

third party standing.

Question 5

The three exceptions to third party standing are

Answer 5

(1) close relationship between P and the injured party (doctor-patient)
(2) the injured third party is unlikely to be able to assert his or her own rights
(3) an organization may sue for its members in some circumstances

Question 6

An organization has standing to sue on behalf of its members if

Answer 6

(1) the members would have standing to sue
(2) the interests are germane to the organization’s purpose
(3) neither the claim nor the relief requires participation of individual members

Question 7

Under the “no generalized grievances” rule, a plaintiff

Answer 7

cannot sue sole as a “citizen” or “taxpayer” interested in having the government follow the law.

Question 8

The exception to the “no generalized grievances” rule for standing is that

Answer 8

taxpayers have standing to challenge government expenditures pursuant to federal (or state and local) statutes as violating the Establishment Clause

Question 9

The four components of the “case or controversy” requirement are

Answer 9

(1) standing
(2) ripeness
(3) mootness
(4) political question doctrine

Question 10

Ripeness arises when P asks

Answer 10

a federal court to grant PRE-enforcement review of a statute or regulation.

Question 11

Ripeness is analyzed by balancing

Answer 11

(1) the hardship that P will suffer without pre-enforcement review
(2) the fitness of the issues and the record for judicial review

Question 12

A case must be dismissed as “moot” if

Answer 12

events after the filing of a lawsuit end the plaintiff’s injury.

Question 13

The three exceptions to the mootness component are

Answer 13

(1) wrong capable of repetition but avoiding review
(2) voluntary cessation: D halts the offending conduct but is free to resume it at any time
(3) class action suits

Question 14

The four “political questions” that courts will not adjudicate are cases involving

Answer 14

(1) the “republic form of government clause”
(2) challenges to the President’s conduct of foreign policy
(3) challenges to the impeachment and removal process
(4) challenges to partisan gerrymandering

Question 15

The four ways that cases get to SCOTUS are

Answer 15

(1) writ from final judgment by state supreme court
(2) writ from an appeal from US CoA
(3) appeal from decisions by three-judge federal district court panels
(4) original jurisdiction for suits between state governments

Question 16

Under the “independent state grounds” rule, if

Answer 16

a state court decision rests on two grounds, one state law and one federal law, and SCOTUS’ reversal of the federal law ground will not change the result, SCOTUS cannot hear the case.

Question 17

The principle of sovereign immunity bars

Answer 17

(1) suits against states in federal court (11th amendment)

(2) suits against states in state courts or federal agencies

Question 18

The four exceptions to sovereign immunity are

Answer 18

(1) waiver
(2) states can be sued pursuant to federal laws adopted under Section 5 of the 14th Amendment
(3) federal government may sue state governments
(4) bankruptcy proceedings

Question 19

The rules regarding suits against state officers are that

Answer 19

(1) state officers may be sued for injunctive relief

(1) states officers may be sued for money damages to be paid out of their own pockets

Question 20

State officers may not be sued if

Answer 20

the state treasury will be paying retroactive damages.

Question 21

Under abstention,

Answer 21

federal courts may not enjoin pending state court proceedings except in cases of proven harassment or prosecutions taken in bad faith.

Question 22

The six sources of Congressional power are

Answer 22

(1) Express or implied power
(2) Necessary and proper clause
(3) taxing/spending power
(4) commerce power
(5) Section 5 of the 14th amendment
(2) Badges of slavery under the 13th amendment

Question 23

Under express/implied powers, Congress can legislate for

Answer 23

MILD - [M]ilitary bases, [I]ndian reservations, Federal [L]ands and territories, Washington [D].C.

Question 24

Under the taxing/spending power, Congress may

Answer 24

tax and spend for the general welfare.

Question 25

Congress can induce state action by putting conditions on spending if

Answer 25

(1) the conditions are expressly stated
(2) the conditions relate to the purpose of the spending program
(3) the conditions are not unduly coercive

Question 26

Under the Commerce Power, Congress may regulate

Answer 26

(1) the channels of interstate commerce
(2) the instrumentalities of interstate commerce and persons or things in interstate commerce
(3) economic activities that have a substance effect on interstate commerce**

**The effect can be based on aggregate impact for economic activities, but non-economic activities can not be aggregated.

Question 27

Under Section 5 of the 14th amendment, Congress may

Answer 27

act to prevent or remedy violations of rights recognized by the courts** and such laws must be “proportionate” and “congruent” to remedying the constitutional violation.

**Congress cannot create new rights or expand the scope of existing rights.

Question 28

The 10th Amendment

Answer 28

EDIT THIS

Question 29

Legislative vetos and line-item vetos are

Answer 29

unconstitutional.

Question 30

Congressional action requires

Answer 30

bicameralism and presentment.

Question 31

Congress may not delegate ______ power to itself or its officers

Answer 31

executive.

Question 32

Congress has some foreign affairs authority to pass _____ legislation

Answer 32

economic

Question 33

Non-self-executing treaties are effective when

Answer 33

ratified by the Senate.

Question 34

Treaty vs. conflicting state law

Answer 34

treaties prevail

Question 35

Treaty vs conflicting federal statute

Answer 35

the one adopted last in time controls

Question 36

Treaty vs. Constitution

Answer 36

Constitution prevails

Question 37

Executive agreement vs. conflicting state law

Answer 37

Executive agreement prevails

Question 38

Executive agreement vs. conflicting federal law

Answer 38

federal law wins

Question 39

Executive agreement vs. Constitution

Answer 39

Constitution wins

Question 40

The President has broad powers as Command-in-Chief to

Answer 40

use American troops in foreign countries

Question 41

Under the appointment power, the President appoints

Answer 41

(1) ambassadors
(2) federal judges
(3) officers of the U.S.

Question 42

Congress may also vest in the President the appointment of

Answer 42

(1) inferior officers
(2) heads of departments
(3) lower federal courts

Question 43

Congress (may/may not) give itself or its officers the appointment power.

Answer 43

may not

Question 44

The President may not make recess appointments for

Answer 44

intrasession recesses that are less than 10 days.

Question 45

For Congress to limit the President’s removal power, it must be

Answer 45

(1) an office where independence from the President is desirable; and
(2) Congress cannot prohibit removal entirely, but can require “good cause”

Question 46

Impeachment requires

Answer 46

(1) majority vote of the House

(2) Conviction requires 2/3 vote of the Senate

Question 47

Presidential immunity extends to ______, but not to ______.

Answer 47

civil suits for money damages for actions while in office; actions that occurred prior to taking office.

Question 48

Presidential executive privilege extends to

Answer 48

presidential papers and conversations, but such privilege must yield to other important government interests

Question 49

The President has the power to pardon those accused or convicted of

Answer 49

FEDERAL crimes (not state!)

Question 50

Preemption based on the Supremacy Clause of Article IV can be based on

Answer 50

(1) express

(2) implied

Question 51

The three types of implied preemption are

Answer 51

(1) the federal and state laws are mutually exclusive and cannot be simultaneously satisfied (conflict preemption)
(2) the state law impedes the achievement of a federal objective
(3) Congress evidences a clear intent to preempt state law (usually through “field preemption”)

Question 52

Under inter-governmental immunity, states

Answer 52

may not tax or regulate federal government activity.

Question 53

The Dormant Commerce Clause is also known as the

Answer 53

negative implications of the Commerce Clause

Question 54

The three limits on a state’s ability to interfere with interstate commerce are the

Answer 54

(1) Dormant Commerce Clause
(2) privileges and immunities clause of the Article IV
(3) privileges and immunities clause of 14th Amendment (right to interstate travel)

Question 55

If a state law does NOT discriminate against out of staters, then

Answer 55

the privileges and immunities clause of Article IV does not apply.

Question 56

If a state law NOT discriminate against out of staters but DOES burden interstate commerce then

Answer 56

it violates the Dormant Commerce Clause if its burden exceeds its benefits.

Question 57

If a state law discriminates against out of staters and burdens interstate commerce then

Answer 57

it violates the Dormant Commerce Clause unless it is “necessary to achieve an important government purpose” (intermediate scrutiny-ish)

Question 58

The two exceptions to Dormant Commerce Clause violations are

Answer 58

(1) Congressional approval

(2) state is a market participant

Question 59

If a state law discriminates against out of staters w/r/t their right to earn a living,

Answer 59

it violates the privileges and immunities clause of Article IV unless it is necessary to achieve an important government purpose. There are NO exceptions.

Question 60

Corporations and aliens ______ use the privileges and immunities clause of Article IV.

Answer 60

cannot.

Question 61

When taxing interstate commerce, states

Answer 61

(1) may not use their tax systems to help in-state business
(2) may only tax activities if there is a “substantial nexus” to the state
(3) must fairly apportion taxation of interstate business

Question 62

Courts in one state must give Full Faith and Credit to judgments of courts in another state if

Answer 62

(1) the court that rendered the judgment had jurisdiction over the parties and subject matter
(2) the judgement was on the merits, and
(3) the judgment is final