Con Law Flashcards
(52 cards)
Marbury v. Madison
Established judicial review. Held: jurisdiction to the courts can only be decreased by Congress, never expanded past Article III constraints.
Supreme Court Supremacy
Supreme Court has authority over all federal questions and can issue injunctions over States and State Supreme Courts
Restraints on SCOTUS
(1) Judicial selections and nominations
(2) Impeachment
(3) Structural Interference (Congress controls the budget, but not salaries
(4) Jurisdictional Stripping
(5) A Constitutional Amendment
Standing
Cases must be Ripe and not Moot.
Moot: A live case, unless it is capable of repetition.
Ripe: If an injury has been materialized.
Constitutional Requirements:
Injury in Fact (concrete and actual or imminent)
Causal Connection
Redressability
Prudential Requirements:
No 3rd party standing
No citizens suits, unless a blatant Constitutional violation
Falling under the Zone of Interest (statute intents the plaintiff as a protectee)
Political Question Doctrine
Where a political question addresses an issue falling under the discretion of one of the other branches of the Federal government, the Court may dismiss the case.
Justiciability Doctrines
(1) No advisory opinions
(2) Standing
(3) Ripeness
(4) Mootness
(5) Political question doctrine
Impeachment
Congress has absolute authority to determine impeachment procedures, but there may still be a lower limit on what those procedures may be (if they refuse to try the case).
Necessary and Proper Analysis
(1) Is there a Constitutionally valid goal the legislation attempts to achieve?
(2) Is there a rational relationship between that goal and the legislation proposed?
U.S. Term Limits, Inc. v. Thornton
States may not impose regulations or limitations on their representatives serving in Congress or the Senate, like term limits.
Old Commerce Power Limits
Commerce Clause can be interpreted to allow Congress to regulate any activity that in the aggregate would have either a direct or indirect impact on interstate commerce.
Modern Commerce Power Limits
Congress may regulate (1) commercial channels (2) persons or instruments of interstate commerce (3) activities that have a substantial effect on interstate commerce
AND the aggregation principle only applies to economic activity
AND you have to already be a member of the market to be regulated in relation to it.
Compulsion or Coercion (Dole)
Under the 10th Amendment States cannot be dictated to adopt policy by the federal government. They also cannot be coerced by bad options or threat of taking away large percentages of their funding.
Dole Test:
(1) Supports the general welfare
(2) Clear statement of the funding condition (unambiguous)
(3) The condition is rationally related to the funding aim, and
(4) It passes the bar set by other Constitutional provisions
Tax or Penalty?
Congress may not pass penalties, whether it is a penalty looks at whether the conduct is unlawful or simply undesirable.
Test for Power under Sec. 5 of 14th Amendment
(1) Is the act related to any provision of the 14th Amendment?
(2) Is the solution proportional to the issue?
(3) Is the act remedial in nature?
(4) Is the act congruent (applied to the States equally)?
Youngstown Sheet and Tube Co. v. Sawyer
The President was not allowed to nationalize the steel industry for the war effort (Korea).
Takeaway was from Jackson’s Concurrence.
Authority and scrutiny is divided into three zones:
(1) The President acting on behalf of Congress, least scrutiny. (power at its maximum)
(2) The President can act, and Congress can act (shared role), less scrutiny. (zone of twilight)
(3) The President alone can act, severe scrutiny. (lowest ebb)
Presidents and Foreign Affairs
Shared power with Congress. The President has authority to negotiate treaties, but Senate must ratify. The President has the authority to recognize nations and receive ambassadors, but the Senate has authority over naturalization and citizenship. The Court is very deferential to the President in this arena.
Congressional Veto
It is unconstitutional.
One house of congress can’t veto because that’s an act of legislation which must be passed by both houses.
Line-Item Veto
It is unconstitutional.
By getting rid of specific lines, president is infringing on legislative branch by amending legislation. Power in Zone 3; lowest ebb
Doctrine of Nondelegation
Congress can delegate authority to the President and executive agencies provided there is an intelligible principle limiting the discretion of the executive.
Congress cannot delegate legislative powers to an officer who is removable by congress.
Passing Law Requirements
All things with legal effect must pass both the House and the Senate (bicameral review) and be signed by the President. ONLY Congress can make laws.
The Ability of the President to Fire
The President can fire anyone who is senior staff or who s/he appoints. Independent Regulatory Agencies are subject to statutory limits on firing, or people with investigatory roles, provided they do not unduly burden the executive.
Executive Privilege (United States v. Nixon)
The President has executive privilege under an implicit constitutional right. Any explicit powers or interests granted to Congress and the Judiciary that require a breach of executive privilege will overcome the privilege (like impeachment investigations).
Suing the President
You cannot sue the President for anything s/he does as President because he has sovereign immunity. You CAN sue the President for things s/he did before assuming the office while s/he is still the President.
14th Amendment
No state shall abridge citizens’ privileges and immunities, liberty, due process, equal protection of laws
