Constitutional Law

Question 1

Powers of Congress

Answer 1

• Commerce Powers
• Taxing and Spending Powers
• War, Defense, and Foreign affairs Powers

Question 2

Where did Congress get its power?

Answer 2

good rule of thumb?

• commerce clause

can prevent racial discrimination under the commerce clause

Question 3

Commerce Powers

Answer 3

broadest power

look for anything that is commercial or economic (selling food, renting houses etc)

Lopez= the exception- guns. you can’t regulate conduct - bringing guns/drugs to school

Question 4

jurisdictional hook**

Answer 4

if Congress is trying to regulate conduct that is not economic/commercial… all Congress has to say is…
for any gun that may have traveled within interstate commerce
(u.s. v morrison)

Question 5

taxing and spending

Answer 5

they can tax and spend for anything for the general welfare

** can regulate your spending* MBE

regulation through spending “set your Speed Limit to X, or we’ll take away your federal funding”

using spending power to regulate

Question 6

10th Amendment

Answer 6

Congress can’t commandeer a state to act

Question 7

War, Defense, and Foreign affairs Powers

Answer 7

Congress has power to declare war

Question 8

Property Clause*

Answer 8

anytime there is federal land–> Congress can do whatever it wants with it.

question will say “public land” make sure they ACT. Congress can do w.e. it wants even if w/in another state

Question 9

Defense, and Foreign affairs Powers

Answer 9

President signs treaties but with advice and consent of the senate

Question 10

power to investigate

Answer 10

Congress can investigate to create laws

Question 11

13th

Answer 11

may come up in a K MBE- you can’t make someone specifically perform

slavery amendment

can apply to race and housing similar to the commerce clause

Question 12

14th Amendment Section 5

Answer 12

The enforcement clause:

Congress can prevent and remedy the states

Question 13

14th Amendment Section 5

Answer 13

The enforcement clause:

Congress can prevent and remedy any discrimination that state law might have

Question 14

Equal Protection Clause

Answer 14

does not apply against the federal government

14th Amendment

it’s a due process argument under the 5th A

Question 15

15th

Answer 15

covers race and voting

Question 16

Power of the President

Answer 16

• Chief Executive

Question 17

Chief Executive

Answer 17

Youngstown Steel case

if P acts with congress consent–> he can do it

if congress says nothing about it –> P can act

if P acts against congress’s will –> will not be valid

Question 18

Take Care Clause

Answer 18

Pres takes care that laws are properly executed

prosecutors can choose not to prosecute

Question 19

Pardon Power

Answer 19

Pres can only pardon for federal crimes

murder is a state crime

federal crime is anything that touches state lines

Question 20

Commander in Chief

Answer 20

acting with foreign powers or military –> probably can do it

Question 21

Treaty and Foreign affair powers

Answer 21

Pres has right to enter into treaties with advice and consent of the senate and becomes fed law

Question 22

Executive agreement v. executive order

Answer 22

Pres can order YOU what to do, can’t order another country what to do

Question 23

Appointment and Removal of officials

Answer 23

right to appoint anyone in the cabinet

gotta do it with advice and consent of senate
senate can’t do it for him. (i.e can’t give him a list of three)

Question 24

Congressional limits on the executive

Answer 24

only tested:

with legislative Vetos

Question 25

non delegation doctrine

Answer 25

does get tested. and pretty broad powers

Congress often will delegate its authority to the executive branch valid as long as some kind of INTELLIGIBLE STD. (pretty broad- court’s differential)

Question 26

immunities

Answer 26

anything President does while in office he is immune from

President not immune for anything that doesn’t relate to his presidential capacity

clinton v paula jones- can be sued civilly while in office

Question 27

Speech/debate clause

Answer 27

anything they say while on the floor is immune

doesn’t apply to the states

Question 28

judicial review think:

Answer 28

• where did government get power to enact Statute/ordinance/law
• where did that right come from
• are they applying it even handedly

Question 29

state judiciary

Answer 29

has general J. power to hear anything

fed Judiciary can only hear cases as allowed by Congress or constitution

Question 30

fed courts original Jurisdiction:

Answer 30

suits between two states

foreign ambassadors

Question 31

Congressional power to define and limit

Answer 31

cant expand or limit actual J of SCOTUS powers

BUT can limit appellate J

Question 32

11th a

Answer 32

almost never applies as a correct answer

only time: prevents fed court from hearing a case from a private person/entity against a state for money damages

Question 33

judicial review

case or controversy rqmt**

Answer 33

prohibition on advisory opinion

Question 34

standing

Answer 34

must suffer injury and court must be able to order a remedy
generally taxpayers have no standing
unless putting money toward establishment clause (religion)

Question 35

ripeness

Answer 35

must be immediate harm

Question 36

mootness

Answer 36

unless capable of repetition yet evading review

Question 37

adequate and independent state grounds**

Answer 37

adequate- fully dispositive

con law one minute 16