Con Law

Question 1

What is the difference between the Constitution, Statutes, and Regulations?

Answer 1

Constitutions = semi-permanent documents.

Statute = legislative bodies, written under the authority from the Constitution, more specific

Regulation = rules set by administrative agencies, have the force of laws, even more specific than statutes.

Question 2

What is the purpose of the Constitution?

Answer 2

Purpose of the Constitution = this is how the government operates, what the government cannot do, legitimizes the government/sovereign nation

Question 3

What were the issues of concern mentioned in the Federalist Papers?

Answer 3

ISSUES OF CONCERN
Federal vs. National
Federal vs. States
Sovereignty
Control Faction
Prevent Tyranny & Encroachments
Republic s. Democracy

Question 4

What is sovereignty and where does the sovereignty of the Constitution come from?

Answer 4

Sovereignty: The authority to self-govern

The sovereignty of the Constitution comes from the People.

Question 5

What were the 5 lessons from Marbury v. Madison?

Answer 5

1. Right to Commission?
   When a commission has been signed by the president, the appointment is made, complete by the seal of the United States.
2. Judicially Enforceable?
   Political acts are only subject to the country (the people can vote the executive out but that’s it). Other duties (duties by or of law) of the President can be authorized by Congress, and those acts are judicially enforceable.
3. a. Mandamus?
   A mandamus basically orders an officer to perform their duties.
   b. Mandamus from SCOTUS?
   Does the Supreme Court have the power to issue the writ of mandamus? The conflict between the 1789 Judiciary Act and the Constitution (appellate v original). Not entitled to the mandamus from SCOTUS
4. Statute v. Constitution
   The Constitution is superior. The Constitution is above the law, laws get their authority from the Constitution. “The Supreme Law of the land”.
5. Judicial Review?
   It is the role and duty of the judiciary (it’s our job), it prevents legislative omnipotence (the Congress judging their own laws), it’s within the nature of written Constitutions that they are paramount, the judicial power of the United States is extended to all cases arising under the constitution, supremacy clause, we take oaths to uphold the Constitution.

Question 6

When does the Supreme Court not have to hear Constitutional challenges?

Answer 6

The Supreme Court does not have to hear a US Constitution challenge if avoiding the Constitutional ruling is available through other alternatives.

Question 7

How do the Supreme Court rulings impact the Constitution?

Answer 7

The Constitution is the Supreme Law of the Land. The Supreme Court rulings are the Constitution. Applies throughout the country.

COOPER: The Constitution is also what the Supreme Court has interpreted, not just the words of the Constitution

Question 8

What are the arguments for judicial review?

Answer 8

Arguments for Judicial Review:
Reaffirms that Constitution is Supreme Law of the Land.
Uniformity, 
Stability, 
Order, 
Finality of Decisions
Limited Legislative Authority, 
Limited Executive Authority

Question 9

What is the vertical relationship between state law and state courts with the constitution? What is the vertical relationship between federal statutes and federal courts and the constitution? Is there a horizontal relationship between state law and state courts and federal statutes and federal courts?

Answer 9

Supreme Court
Constitution
State Cts Fed Cts
State Law Fed Statute

State law and state courts have a vertical relationship with each other and with the Constitution (and thus the Supreme Court).

Federal statutes and federal courts have a vertical relationship with each other and with the Constitution (and thus the Supreme Court).

There is not a horizontal relationship between state law and state courts and federal law and federal courts. State Supreme Courts have superiority in determining their own state’s Constitution.

Question 10

What arguments were put forth in Martin v. Hunter’s Lessee, for and against judicial review?

Answer 10

Martin v. Hunter’s Lessee
Virginia’s arguments (Against Judicial Review):
Separate sovereignties
If the Constitution intended this set up, federal courts should have been originally implemented to be able to remove state cases to federal courts.
Story’s Arguments (For Judicial Review):
Article III gives the federal courts jurisdiction over all cases arising under federal law.
State judges are bound by US Constitution so their constitutional interpretations ought to be subject to correction by the Supreme Court
The need for uniformity
The need to avoid state prejudices/biases
For Story, in contrast to Marshall, the absence of language in the Constitution was read to be inclusive rather than exclusive.

Question 11

How can a state court avoid Supreme Court judicial review ?

Answer 11

If a state court chooses merely to rely on federal precedents as it would on the precedents of all other jurisdictions, then it need only make clear by a plain statement in its judgment or opinion that the federal cases are being used only for the purpose of guidance…. If the decision indicates clearly and expressly that it is based on separate, adequate, and independent grounds we will not undertake to review the decision.

Question 12

Where does jurisdiction come from?

Answer 12

Jurisdiction comes from the Constitution and from Congress, as the Constitution lays out.
“With such exceptions and under such regulations as Congress shall make.”

Question 13

What is the rule of decision?

Answer 13

supreme court determines what a controversy is, and what the outcome is.

Question 14

What is justiciability?

Answer 14

whether a court can hear something (as opposed to the power being in the hands of Legislative or Executive branch to interpret the matter.)

Question 15

What is standing, and how does one have standing?

Answer 15

Standing = the concept that the plaintiff can stand before the court on the matter
(3 elements and other requirements)
“A case or controversy” = a concrete dispute, not hypothetical
Must be particularized not generalized
Must be actual or imminent
Requires the party has a significant stake in the matter,
1. Suffering an injury in fact (injury)
2. The injury has to be fairly traced to the challenged action (causation)
3. The injury has to be likely to be redressed by the decision (redressability)

Particularized does not mean unique, it means you are actually injured, in comparison to those who may oppose it but aren’t actually injured.

Injury that is Actual OR Imminent

Redressability: Can the court issue something that effectively relieves the problem. Does not need to solve the problem.

Question 16

For the purposes of standing, what is assumed?

Answer 16

For the purposes of standing, it must be assumed that the plaintiff has a prima facie claim.

Question 17

What is organizational standing, and how does one have it?

Answer 17

Organizational Standing
When an organization asserts the interests of people who they claim to represent it must establish that
1. The members would have standing to sue independently
2. The interests asserted are germane to the associations’ purpose
3. Neither the claim asserted nor the relief requested requires the members’ participation in the suit.

Question 18

What is the taxpayer standing exception?

Answer 18

Taxpayer standing: If the government is spending money for the purpose of extending/supporting religion everyone is injured and therefore suffices the injury required in standing.

Question 19

What limitations are imposed on Congressional powers?

Answer 19

LIMITATIONS
Tension: enumerated and limited, but broad within
Both Express and Implied Limits
Both External and Internal Limits
Express (External to Sec. 8):
- Article 1 section 9
- Bill of Rights
- 10 and 11th amendments
- 14th amendments
- STates: Article 1, section 10; Article four, sections 1-3
Implied (Internal):
- Implied limitations “interstate commerce”
- Constitutional Structure

Question 20

What are the external limitations imposed on judicial review?

Answer 20

Express, implied, and congress exceptions clause.

Limitations:
Exceptions clause gives Congress the power to make exceptions to the constitutionally defined appellate jurisdiction of the Supreme Court.
11th amendment grants sovereign immunity so nonconsenting sovereignties cannot be sued.

Hans held that the 11th amendment provided a restriction on a citizen from state A from suing state A in federal court.
Alden held that the structure of the Constitution in concert with the 11th amendment provided a restriction on a citizen from state A from suing state A in state court.

Question 21

What is ripeness and when is it satisifed?

Answer 21

Ripeness is a prerequisite for justiciability that says when the case has not developed sufficiently, future events may render the decision unnecessary. To be ripe for a decision a plaintiff must (1) have already suffered harm; (2) be faced with a specific present objective harm, or (3) be under a threat of specific future harm.

Question 22

What is mootness?

Answer 22

Mootness is a part of justiciability. A plaintiff needs to be viable throughout the entire lawsuit, when past events have made a decision unnecessary it is moot. Exception for (1) the life of the controversy is too short to be fully litigated prior to its termination and (2) that there is a reasonable expectation that the plaintiff will again be subjected to the same problem.

Question 23

What is political question? What are the factors for determining a political question?

Answer 23

Political questions are those not justiciable. They are better answered by the Legislative or Executive branch.

Three areas to determine if it’s a political question: Constitutional text, underlying structure of the Constitutional powers, or prudential restraints.

Prominent on the surface of any case held to involved a political question is found a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; or the impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government; or an unusual need for unquestioning adherence to a political decision already made; or the potentiality of embarrassment from multifarious pronouncements by various departments on one question.

Question 24

What is the rational basis standard of review?

Answer 24

Where the law is not prohibited, and is calculated to effect the objects entrusted to the government, to undertake here to inquire into the degree of its necessity would be to pass the line which circumscribes the judicial department, and to tread on legislative ground.

Courts applying rational basis review seek to determine whether a law is “rationally related” to a “legitimate” government interest.

Question 25

What is the rational basis standard of review?

Answer 25

Where the law is not prohibited, and is calculated to effect the objects entrusted to the government, to undertake here to inquire into the degree of its necessity would be to pass the line which circumscribes the judicial department, and to tread on legislative ground.

Courts applying rational basis review seek to determine whether a law is “rationally related” to a “legitimate” government interest.

rational basis review (purpose must be legitimate, and the means must be rationally related)

Question 26

What are the 4 alternatives when there is silence in the Constitution?

Answer 26

Congress implied power
States have default power
Shared power
No one has the power, requires Constitutional Amendment to answer the question

Question 27

What are the 3 significant powers of Congress?

Answer 27

Commerce
Taxing
Spending

Question 28

How did the theory of commerce clause develop?

Answer 28

Direct v. Indirect
Wage, hour, labor, etc. not directly affecting commerce, therefore not within congress’ power

Manufacture v. Transport
Distinction between where manufacturing takes place as being only within the state, and companies that transport goods interstate, requires it to directly relate to interstate commerce to be within congress’ power

Instrumentalities
(Trains, planes, trucks, transporters of items of commerce)
Can be regulated, otherwise makes no sense

Streams
Once an item is put into commerce that crosses state lines it is no longer in manufacturing so it can be regulated

Channels / Articles
Congress has the ability to regulate the interstate transport in a way that is a prohibiting power even if it does not affect economic grounds

Effects
Rejection of the manufacturing theory as artificial. Production is not determinative. Close and substantial effect on (or relationship with) commerce is the test. “Acts which directly burden or obstruct interstate or foreign commerce, or its free flow, are within the reach of the congressional power…It is the effect upon commerce, not the source of the injury, which is the criterion.

Aggregate theory: maybe this one doesn’t have a direct effect on commerce but if we add up everyone doing the same thing there is a substantial effect, like in Wickard with the home grown wheat consumption

Question 29

What commerce clause test resulted from Lopez?

Answer 29

Three types of valid commerce clause regulation:
Substantial Effects
Channels
Instrumentalities
And the effects have to be substantial.

Requires an inherent economic activity, gun possession is not an economic activity.

Question 30

What is the national productivity rationale and how did the Supreme Court interpret it?

Answer 30

National productivity rationale: anything you do has an effect on the economy, this would expand commerce clause too far, unlimited police power

Question 31

How did Lopez change the commerce clause?

Answer 31

Up until Lopez the commerce clause was the first default power for Congress.

Question 32

How does the 10th amendment relate to Congress’ power?

Answer 32

External restraint on Commerce Clause, affirmative restriction on Congress’s power

Question 33

How do you analyze 10th amendment issues?

Answer 33

Consider the nature and breadth of the regulation, is Congress treating the states like individual citizens or like sovereign bodies?

Question 34

How are state sovereign interests best protected?

Answer 34

State sovereign interests are more properly protected by procedural safeguards inherent in the structure of the federal system than by judicially created limitations on federal power.

Question 35

What is procedural immunity?

Answer 35

Procedural immunity: the federal government may not employ certain procedures to regulate states.
10th amendment concept.

Question 36

What is comandeering?

Answer 36

removes sovereign authority from states and transfers it to the federal government; cannot give the choice between two unConstitutional alternatives.

Question 37

What is the stream of determining if a tax is proper under the taxing power of Congress?

Answer 37

If it’s in the taxing power, is it a true tax or a penalty? If it is a true tax, does it have an incidental regulation, or an extraneous regulation? Incidental regulation is okay, extraneous is not. If it is a penalty, is there an independent section 8 power? If so, the penalty is okay, if not it is invalid.

Question 38

What motives are taxes allowed to have?

Answer 38

Taxes must have a primary motive of obtaining revenue. It can also have an incidental motive, including regulatory.

Question 39

How do you determine if a true tax is valid?

Answer 39

1. Does it raise some revenue, irrespective of how negligible? = true tax
2. Is it extraneous? if not = true tax

Question 40

How is federalism different from the separation of powers?

Answer 40

Federalism = vertical relationship

Separation of Powers = horizontal relationship

Question 41

What is the stream of determining if spending is proper under the spending power of Congress?

Answer 41

Is the spending for the general welfare, or is it primarily regulatory? If it is for the general welfare, it can be beyond the section 8 powers. If it is primarily regulatory, is it related to a section 8 power? If not, it is invalid.

Question 42

What is the test for determining if a spending grant is Constitutionally valid?

Answer 42

First, the exercise of the spending power must be in pursuit of the “general welfare”. Courts should defer substantially to the judgment of Congress for what is intended to serve general public purposes. Second, if Congress desires to condition the States’ receipt of federal funds, it “must do so unambiguously, enabling the States to exercise their choice knowingly, cognizant of the consequences of their participation.” Third, conditions on federal grants might be illegitimate if they are unrelated to the “federal interest in particular national projects or programs.” Finally, other constitutional provisions may provide an independent bar to the conditional grant of federal funds.

Question 43

Where do the powers of the branches of government come from?

Answer 43

Congress: Article I, Section 8
Article IV, section 3

President: Article II, section 2&3

Judiciary: Article III, section 2

States: Article I, section 4

Question 44

What is the necessary and proper clause?

Answer 44

Congress has the power to implement what is necessary and proper to put the other powers into effect. For example, if they have the power to create the post office they also have the power to fund mail delivery trucks, create stamps, etc.

Question 45

How limited is the commerce clause power? How do the states impact the power?

Answer 45

Once it is within the commerce clause power, the power is plenary.

Federal commerce laws cannot be preempted by state commerce law.

Question 46

What are the three ways courts look at laws under the dormant commerce clause?

Answer 46

1. Is it Facial or Overt Protectionism (per se unconstitutional, assumed invalid unless narrowly tailored means to protect legitimate interests)
2. Is it Facially Neutral, but with a Protectionism Purpose/Effect
3. Facially Neutral; Burdens

Question 47

What is the concept of the dormant commerce clause?

Answer 47

When federal power has not enacted any statute, the dormant commerce clause may preempt if the state law interferes with interstate commerce

Question 48

Can there be concurrent state and federal commerce power?

Answer 48

Yes, states can have concurrent commerce power, the federal plenary power would preempt that if it is in conflict.

Question 49

What scrutiny is used when there is a discriminatory purpose or effect in a state commerce law?

Answer 49

Strict scrutiny. Presumptively invalid.

Question 50

What scrutiny is used when there is not a clear discriminatory purpose or effect?

Answer 50

Pike balancing test: Where a statute regulates evenhandedly to effectuate a legitimate local public interest and its effects on interstate commercre are only incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits. If a legitiimate local purpose is found, then the question becomes one of degree. And the extent of the burden that will be tolerated depends on the nature of the local interest involved, and on whether it could be promoted as well with a lesser impact on interstate activities.
Under this balancing test, a presumption of validity attaches to the state statute (or municipal ordinance). It will be upheld even though it burdens interstate commerce so long as the burden it imposes is not excessive in relation to its value as a health, safety, environmental protection or consumer protection measure. To win, the challenger must show the law burdens interstate commerce in a significant way and the benefits of the law are not sufficient to outweigh the burdens.

Question 51

What is the weighing test for dormant commerce clause used in Kassel?

Answer 51

Rule from Kassel requires weighing:
State’s interest
The extent of burden on interstate commerce
Need for uniformity

Question 52

What is the market participant rule?

Answer 52

If a State is acting as a market participant, rather than as a market regulator, the dormant commerce clause places no limitations on its activities.

Question 53

What is the function of the privileges and immunities clause of Article IV?

Answer 53

The privileges and immunities clause of article IV protects the rights of citizens of the several states when they visit other states. States may not discriminate against nonresidents and have to extend any protections of their own citizens out to citizens of the several states.

Main privileges afforded: Right to a job, right to travel, right to purchase property, right to access a state’s court

Question 54

What are the five main differences between the Article IV section 2 privileges and immunities and the dormant commerce clause?

Answer 54

(1) Corporations may bring commerce clause challenges but are not “citizens” for purposes of the privileges and immunities claues and thus are not protected by it.
(2) The privileges and immunities clause protects only certain rights that are “fundamental to the promotion of interstate harmony.” By contrast, the dormant commerce clause applies to all interstate commercial activity.
(3) There is no market participant exception to Article IV’s privileges and immunities clause.
(4) Congress cannot consent to state acts that violate the privileges and immunities clause, but it can consent to state regulation of interstate commerce that would otherwise violate the dormant commerce clause.
(5) The standard of review used in privileges and immunities cases is “intermediate” –more exacting than Pike balancing but not as stern as strict scrutiny.

Question 55

What is intermediate scrutiny used in privileges and immunities cases?

Answer 55

It does not preclude discrimination against citizens of other States where there is a substantial reason for the difference in treatment. The inquiry in each case must be concerned with whether such reasons do exist and whether the degree of discrimination bears a close relation to them. As part of any justification offered for the discriminatory law, nonresidents must somehow be shown to constitute a peculiar source of the evil at which the statute is aimed.

Question 56

What are the types of preemption?

Answer 56

(1) Express: explicit preemptive language that defines the existence and scope of the preemption.
(2) Implied:
(A) Field: federal law leaves no doubt that Congress intended its legislation to occupy an entire field
(i) Pervasive: so pervasive as to make reasonable the inference Congress intended to displace state regulatory authority
(ii) Dominant: the federal law touches a field in which the federal interest is so dominant the federal system is assumed to preclude enforcement of state laws on the same subject
(iii) Occupy field: when the object sought to be obtained by the federal law and the character of obligations imposed by it reveal a congressional intent fully to occupy the field.
(B) Conflict:
(i) Impossible: Compliance with both the state and the federal law is literally impossible.
(ii) Obstacle: when a state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. If state law discourages behavior that federal law specifically encourages, “obstacle” conflict preemption is likely to be found.

Question 57

How does the judiciary treat state laws under preemption?

Answer 57

Will not preempt state laws absent clear intent of Congress to do so.

Question 58

When does a state tax violate the commerce clause?

Answer 58

After Complete Auto, a state tax violates the dormant commerce clause if the tax (1) applies to an activity that lacks a substantial nexus to the taxing state, or (2) is not fairly apportioned, or (3) discriminates against foreign or interstate commerce, or (4) is not fairly related to services supplied by the taxing state.

Question 59

What are the main powers of the president under Article II section 2? What are the other venues of presidential authority?

Answer 59

Commander in Chief, Treaties (Foreign policy), Appointments power, Veto power

Venues of authority under Article II section 1: Vesting clause, Oath clause
Venue of authority under Article II section 3: Take care clause

Question 60

What are the opinions from Youngstown v. Sawyer?

Answer 60

Black → Presidential Authority expressly comes from Article II, or from Congress, there is neither in this case
(Douglas)

Frankfurter → Executive Authority is more nuanced than Congress’s power. There is a gloss on the presidential authority, practice will show us what is the power of the president (pg. 357) Only concurring here because Congress had rejected this power already with Taft-Hartley act. Informs Jackson’s opinion.

Clark → Concurring in judgment only (doesn’t agree with reasoning) I conclude that where Congress has laid down specific procedures to deal with the type of crisis confronting the President he must follow those procedures in meeting the crisis; but that in the absence of such action by Congress, the President’s independent power to act depends upon the gravity of the situation confronting the nation.

Jackson → 3 part test:

(1) When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate.
(2) When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority, or in which its distribution is uncertain. It is not clear the extent of the Presidential power, it is a case-by-case analysis.
(3) When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for when he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter.

The Vesting clause cannot grant the broad open-ended power argued for because then there would be no limit on Executive power.
The Commander in Chief power doesn’t grant the power to seize because that is under the support of the navy and army which is a Congressional power.
The Take Care clause power in this case is hampered by due process of the law because no law authorized the seizure.

Dissent → Presidents have used emergency powers before, need to use implied powers in the aggregate. Just because they rejected the draft of the Taft Hartley does not mean they expressly were against the seizure because the actual bill says nothing either way.

Question 61

What is The Appointment Power and what factors determine the constitutionality of Appointment Power use?

Answer 61

The President has the sole power of appointment of principal officers, subject to Senate confirmation, but Congress may vest the appointment power of inferior officers in either the President, the courts, or the heads of the executive departments.

The factors relating to the ideas of tenure, duration, and duties of the independent counsel are sufficient to establish that one is an inferior officer in the constitutional sense.

Question 62

What is the removal power and when is it applicable to be used by the President?

Answer 62

The appointment power provides the President with power over the executive agencies as part of the Take Care clause. It is implicit in that that the President also has control after those agents have been selected.

Independent regulatory agency, quasi-legislative or quasi-judicial agency doesn’t require the removal power to be in the President.

The real question is whether the President’s ability to perform his constitutional duty, and the functions of the officials in question must be analyzed in that light.

Question 63

What is the Foreign Affairs power and how does it empower the president?

Answer 63

The president has the power to appoint and receive ambassadors and make treaties (with the advice and consent of the Senate), and to enter into executive agreements.

The President is the sole organ/representative when it comes to foreign affairs.

When a Presidential power is exclusive (under Article II) it disables the Congress from acting upon the subject.

Question 64

What authority does the president have as commander in chief and where does that authority come from?

Answer 64

Article 1 Section 8: Congress creates military bases, raises army and navy, declares war.

Question 65

How have the War Powers resolution changed the President’s Commander-in-Chief power?

Answer 65

The constitutional powers of the President as Commander-in-Chief to introduce US armed forces into hostilities are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
(Without these 3 it’s the 60 day requirement where the armed forces are supposed to be withdrawn if Congress has not approved the introduction of the forces.)

Question 66

When can the President enter into a treaty? When can the President form

Answer 66

Treaties may be negotiated by the President but must be ratified by a two-thirds vote of the Senate. Executive agreements are international agreements made by the President alone without Senate ratification.

The President may enter into an executive agreement instead of a treaty if the subject of the agreement is within some enumerated power given to the President alone.

Question 67

What is the delegation doctrine?

Answer 67

Delegation doctrine: Congress generally cannot delegate its legislative power to another branch;
can obtain assistance so long as Congress shall lay down by legislative act an intelligible
principle to which the person or body authorized to exercise the delegate authority is directed to
conform, such legislative action is not a forbidden delegation of legislative power

Sufficient if congress clearly delineates the general policy, the public agency which is to
apply it, and the boundaries of this delegated authority

Question 68

What are the 4 places in the Constitution where the House may act alone, not subject to the President’ veto?

Answer 68

impeachment by the House, impeachment trials by the Senate, the Senate’s power to deny or confirm presidential appointments, and the Senate’s power to ratify treaties.

Question 69

What is aggrandizement? What is encroachment?

Answer 69

“Aggrandizement” occurs when Congress unreasonably enlarges a single branch’s powers at the expense of the other two branches. “Encroachment” occurs when Congress enacts a law that “undermines the authority and independence” of any branch of the federal government.

Question 70

What are executive immunities?

Answer 70

Executive immunities are Implied powers of the presidency. For the purpose of functioning office of the presidency. Immunity from lawsuits and criminal prosecution arising from his official acts in office as the president (only references individual liability).

Question 71

What are legislative immunities?

Answer 71

Legislative immunities are in the Constitution in Article I, section 6 - speech and debate clause: immune from arrest and libel suits when engaged in legislative functions. Legislative acts includes everything that is integral to the deliberative and communicative processes by which members participate in the official business of Congress. It does not include constituent service, political campaigning, or even public announcements related to a member’s policy views.