Federal Powers

Question 1

Standing

Answer 1

P must have a concrete stake in the outcome; msut show (1) personal injury in fact; (2) causation (prove D caused injury; (3) redressability (favorable court decision is likely to remedy the injury)

Question 2

3P Standing

Answer 2

Not allowed unless there is (1) a close relationship between P and injured 3P, (2) 3P is unable to assert own rights, (3) injury suffered by P adversely affects his relationship with 3Ps, or (4) organization is suing for its members if the members would have standing, the interest is germane to the org’s purpose, and the claim doesnt require the participation of individual members

Question 3

Generalized Grievance

Answer 3

P cannot sue solely as a citizen or taxpayer interested in having the gov follow the law, unless taxpayer is challenging an expenditure under Establishment Clause

Question 4

Ripeness

Answer 4

Question of whether a federal court may grant pre-eforcement review of a statute or regulation; court will consider (1) fitness of the issues for judicial decision and (2) the hardship that will be suffered if suit is dismissed

Question 5

Mootness

Answer 5

A federal court will not hear a case that has become moot; a real, live controversy must exist at all stages of review, not just when a complaint is field.

Question 6

Capable of Repetition but Evading Review

Answer 6

Where there is a reasonable expectation that the same complaining party will be subjected to the same action again and would be unable to resolve the issue again because of the short duration of the action, the action will not be dismissed for mootness. Similarly, where D has voluntarily stopped but is free to resume it at any time, it will not be dismissed as moot

Question 7

Political Question Doctrine

Answer 7

Court will not adjudicate things based on the republican form of government clause, challenges to President’s foreign policy, challenges to the impeachment and removal process, or challenges to partisan gerrymandering

Question 8

Supreme Court Review

Answer 8

SCOTUS can hear only after there has been a final judgment of the highest state court, a USCOA, or of a three-judge federal district court panel; for suits between state government, SCOTUS has original jx

Question 9

Adequate and Independent State Grounds

Answer 9

For SCOTUS to review a state court decision, there must not be an adequate and independent state law ground of deicion; if the state decision rests on two grounds, one state law and one federal law, and the decision on the federal ground wouldn’t change the result, SCOTUS can’t hear it

Question 10

11A

Answer 10

Prohibits a federal court from hearing a private party’s or foreign government’s claims against a STATE government unless state has consented to allow the lawsuit in federal court, the P is another state or the US, or Cong has clearly granted federal courts the authority to hear a specific type of damage action under 14A

Question 11

Sovereign Immunity

Answer 11

Prohibits suits against a state government in STATE court or administrative agencies without defendant-state’s consent

Question 12

When Can You Sue the Government?

Answer 12

(1) Local government; (2) actions by the US or other State govs; (3) bankruptcy proceedings; (4) some axns against state officials (injxns for violating federal law, duties outside the scope, if seeking to have state pay??)

Question 13

Abstention

Answer 13

Federal courts may not enjoin pending state court proceedings

Question 14

Federal Legislative Power

Answer 14

Must be express or implied; Includes N&P, taxing, spending, commerce, war powers, investigatory powers, property power, postal power, bankruptcy power, but NOT police power (except for military, indian reservations, DC, or federal land/territories) (“MILD”)

Question 15

Necessary & Proper Clause

Answer 15

Cong can use any constitutional means to carry out its authority / executing any power granted to any branch of the federal government

Question 16

Taxing Power

Answer 16

Cong has power to law and collect taxes but must be uniform throughout the US (power to raise revenue)

Question 17

Spending Power

Answer 17

Cong has power to provide for the common defense and general welfare (for any public purpose!)

Question 18

Commerce Power

Answer 18

(1) Congress may regulate the channels of IC; (2) Cong may regulate the instrumentalities of IC and persons or things in IC; (3) Cong may regulate economic activities that, in the aggregate, have a substantial effect on IC

Question 19

Congress’s regulation of INTRAstate activity

Answer 19

Court will uphold regulation if it is of economic or commercial activity and the court can concceive of a rational basis on which Cong could conlude that the activity, in the aggregate, substantiall affects IC

Question 20

War and Related Cong Powers

Answer 20

Declare war, raise and support armies, a lot of shit during war

Question 21

10A

Answer 21

Limits Congressional powers; states that all powers not granted to US are reserved to the states or the people; Cong cannot compel state action but can induce as long as it’s not unduly coercive (anticommandeering)

Question 22

Delegation

Answer 22

Cong can delegate legislative power as long as there is an intelligible principle (broad) and as long as the power is not exclusive (e.g. power to declare war); once congress delegates its powers away, it cannot retain it and take it back

Question 23

Reqs for Cong to Act

Answer 23

Bicameralism (passage by both the House and the Senate) and presentment (giving the bill to the President to sign or veto) – no legislative vetoes or line-item vetoes allowed)

Question 24

Federal Executive Power

Answer 24

Vested in President by Art. II § 1; includes domestic powers (appointment and removal of officers, veto, pardons) and foreign (war, foreign relations, treaty, exec agreements)

Question 25

Appointment of Officers

Answer 25

Pres appoints ambassadors, federal judges, and officers of US, subject to Senate’s approval; Cong may vest the appointment of inferior officers in the Pres, dep’t heads, or lower fed courts (Cong cannot give itself or its officers appointment power)

Question 26

Removal of Officers

Answer 26

Unless removal is limited by statute, the President may fire any executive branch office. For Cong to limit removal to removal for good cause, it must be an office where independence from Pres is desirable

Question 27

Pardons

Answer 27

President can grant pardons for criminal offenses against the US (federal crimes) except in cases of impeachment

Question 28

Veto Power

Answer 28

President must approve acts by Congress and has 10 days to veto

Question 29

Pres Power as Chief Executive

Answer 29

Jackson Concurrence in Steel Seizure:

1. When Pres acts with express/implied auth of Cong, his authority is at its maximum and his actions are valid
2. When Pres acts where Cong is silent, his action will be upheld as long as the act doesnt take over the powers of another branch
3. When Pres acts contrary to Cong’s will, his action is probably invalid

Question 30

War Power

Answer 30

Extensive military powers; may actmilitaril under CIC power in actual hostilities without a congressional declaration of war (Cong can limit though); can establish miilitary governments

Question 31

Foreign Relations

Answer 31

day to day foreign relations power; power to appoint and receive ambassadors and make treaties/executive agreements; recognition of foreign states

Question 32

Treaty power

Answer 32

Agreement between US and foreign country negoitated by the President and effective when ratified by the Senate; 2/3 Senate approval required; prevails over state law and subsequent federal statutes, but subordinate to Constittution and previous federal statutes

Question 33

Executive Agreement Power

Answer 33

Agreement between US and foreign country effective when signed by President and head of foreign nation; No Senate approvale required; prevails over state law, but subordinate to all federal statutes and Constitution

Question 34

Impeachment of President

Answer 34

Pres and VP and federal judges / officers can beimpeached and removed from the office for treason, bribery, or for high crimes and misdemeanors; requires majority vote in House to impeach and 2/3 vote in senate to convict

Question 35

Executive Immunity and Privilege

Answer 35

Absolute immunity to civil suits for money damages for any actions while in office, but NO immunity for actions that occurred prior to taking office; privliege for presidential papers and conversations, but that privilege must yield to other important gov interests