Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Criminal Procedure > Constitutional Law > Flashcards

Constitutional Law Flashcards

(71 cards)

Start Studying
1
Q

Ripeness

A

There is no actual or imminent controversy, injury, or assertion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Mootness

A

Parties involved no longer have any meaningful and concrete stake in its resolution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Standing

A
  1. Injury in fact –> A) Concrete and Particularized and B) Actual or Imminent
  2. Causation between conduct and injury that is fairly traceable
  3. Could be redressed
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Necessary and Proper Clause

A

Article 1 Section 8 Clause 8

Congress has power to make all laws necessary and proper for execution of enumerated powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Commerce Clause

A

Article 1 Section 8 Clause 3

Congress shall have the power to regulate commerce with foreign nations and among the several states and with Indian Nations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Cumulative Effects

A

Actions of individuals alone may not influence commerce but when aggregated or cumulated they have a strong effect on commerce

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Congress may regulate (4 Things)

A
  1. Interstate commerce
  2. Use of channels of interstate commerce
  3. Instrumentalities of interstate commerce
  4. Intrastate economic activity that congress rationally believes substantially affects interstate commerce
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

For Congress to be alb to regulate an act it must be _____

A

Substantially related to commercial activities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Taxing Power

A

Article 1 Section 8 Clause 1

Congress shall have power to lay and collect taxes, duties, imposes & excises but they must be uniform throughout the U.S.

  1. Can tax to raise money for general welfare but not to regulate by penalty activity not within its powers to regulate
  2. Court will invalidate extraneous taxes that do not provide revenue
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Spending Power

A

Article 1 Section 8 Clause 1

Congress shall have power to pay the debts and provide for the common defense and general welfare of the U.S.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Congress may impose conditions upon states receiving federal funding as long as… (5 things)

A
  1. In pursuit of general welfare
  2. Conditions are unambiguous
  3. Conditions are related to fed. interest in spending power
  4. Conditions don’t violate any independent const. bar
  5. Financial inducement is not so coercive that pressure turns into compulsion
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

War Power

A

Congress has the power to declare war and to regulate the evils arising fro the wars rise and profess even after it has ended

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Treaty Power

A

Congress can regulate activity that may run counter to treaty agreements to keep the country in compliance with the treaty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

10th Amendement

A

Powers not delegated to the U.S. by the constitution nor prohibited by it to the state are reserved to the states respectively or to the people

(Fed. power limited by powers left to the states)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

State Sovereign Immunity

A

Congress cannot subject states to private suits for damages without consent in fed. and state courts

States cannot be sued for monetary, compensatory, punitive damages but can be sued for injunctions and direct enforcement of fed. law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

11th Amendment

A

Protects states from suits by citizens of other states or countries

The 11th Amendment addresses diversity is doesn’t address fed. question

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

14th Amendement

A

Grants Congress power to enact legislation to enforce due process protection, equal protection of laws and citizenship protection against state governments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Hierarchy of Laws

A
  1. Constitution
  2. Fed. Statutes/Treaties (if conflict the more recent one is used)
  3. Fed. Regulations
  4. State Constitutions
  5. State Statutes
  6. State Regulations
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Preemption

A

Occurs when Fed. law invalidates State law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Express Preemption

A

Congress expressly displaces state law by including clause in law that invalidates the state law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Implied Preemption

A

Start with assumption that law intended no preemption if not expressed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Conflict Preemption

A

If it is impossible to comply with both Fed. and State law

State law stands are an obstacle to accomplishment and execution of purposes and objectives of Congress (undermines the goals of the Fed. law)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Field Preemption

A

Congress exclusively occupies or regulates an entire subject field to where states reasonably believe there is nothing left to regulate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Dormant Commerce Clause

A

Power of Congress to regulate interstate commerce still exists even if it is not being exercised at the time, which prevents state fro exercising this power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Dormant Commerce Clause Test Uniform National Standard
State law will be invalidated if it regulates a subject that requires a uniform standard for regulation
26
Dormant Commerce Clause Test Excessive Burden on Interstate Commerce
States may not impose burden on interstate commerce that is excessive relative to legitimate local interest
27
Dormant Commerce Clause Test Discrimination Against Interstate Commerce
States may not engage in discrimination against interstate commerce unless necessary to further a legitimate state interest that cannot be served by a reasonable alternative --> Protecting health and safety is legitimate --> Protecting local business from outside competition is not legitimate
28
4 Ways Congress can bypass Commerce Clause limitations
1. Tie bill to interstate commerce 2. Use taxing power 3. Use conditional spending power 4. Try to get states to implement regulation
29
Indian Nations --> Federal Government Relationship
Constitution gives President power to make treaties with Indian Nations with Senate's consent Congress has plenary power to regulate Indian affairs such that fed. government's power is all exclusive Indian Nations still have integral sovereignty but not external sovereignty
30
Indian Nations --> State Government Relationship
States cannot regulate Indian Nations and are free from state jurisdiction
31
Indian Nations have jurisdiction over what?
Indian country like reservations and crimes of their members
32
Jackson's concurrence in Youngstown
1. President has expansive authority when Congress implicitly supports President 2. Authority is unknown if Congress hasn’t ruled 3. Authority is most restricted if Congress opposes President
33
Delegation to the Executive
Congress can delegate to President the discretion to decide whether an act is illegal or not when it concerns foreign affairs
34
Executive Privilege
President has executive privilege to keep any communications with advisors confidential for military, diplomatic, or national security matters However, he can't withhold evidence from criminal prosecution
35
Qualified Executive Immunity
Executive officials have qualified immunity from civil liability for official acts as officers if the official acted in good faith executing his duties or following orders
36
Immunity for Private Acts
Presidents do not have immunity from or the right to delay lawsuits for unrelated private acts not within his scope of duties as President
37
Absolute Executive Immunity
President has absolute immunity from all civil liability for official acts as President if: A) Acts were official within the job as President B) Civil action must be for monetary damages
38
Privileges and Immunities Clause
Citizens of each state are entitled to all privileges and immunities of citizens of the several states
39
Discrimination against nonresidents of a state in providing important rights is prohibited if it might jeopardize interstate harmony expect when ________
It is necessary to promote a substantial state interstate
40
Qualifications Clause and State Regulation of Congress
States cannot restrict membership or impose additional requirements for House/Senate
41
Line Item Veto
Gave President power to strike certain lines from budgetary, spending, or tax bills to not be enforced Violates separation of powers os it is invalid
42
Executive Powers in Legislative Officers
Congress can't give executive powers to officials whom Congress can remove by means other than impeachment or whom congress controls
43
Non-Delegation Doctrine
Congress can only validly delegate legislative responsibility to executive branch agencies if it provides intelligible standards to guide the agencies discretion in developing and implementing regulations
44
Legislative Veto
Provision in statute that delegates conditional authority to an executive administrative agency but allows one or both chambers of congress to review and invalidate the agency's regulations
45
Bicameralism
All legislation must pass both the House and the Senate to be valid
46
Presentment
All legislation must be presented to the President for approval, who can then decide to approve or veto the legislation
47
Appointments Clause
President appoints superior officers of the U.S. with the advice and consent of the Senate For inferior officers, Congress creates the office and vests the appointment power in either the President, the department heads, or the courts
48
Removal Rules
1. Although not mentioned in the Constitution the President has removal power of executive officers incidental to his appointment power because it is essential 2. President has complete removal power to remove officers in solely executive departments 3. Congress can limit removal power by Statute to good cause removal as long as it does not encroach on executive authority and execution authority 4. Congress can limit Presidents removal power of inferior officers by vesting it in courts or department heads 5. Congress can't restrict removal of principal officer to good cause if that officer is restricted to remove inferior officers for good cause
49
Exception to the Dormant Commerce Clause Market Participant
State may discriminate against out of state buyers and sellers if it is acting as a market participant instead of a market regulator by engaging in buying and selling
50
Exception to the Dormant Commerce Clause Government Owned
States can enact laws favoring local govern. operated monopolies that are not favoring local citizens or local businesses from outside competition
51
Congressional Consent
Congress can override Supreme Courts finding of discrimination by giving permission to states to regulate a subject that would normally violate the Dormant Commerce Clause
52
Equal Protection Clause Exception
Laws must still not violate the 14th amendment's equal protection of law by having a legitimate rational basis that is not discrimination against someone because they are from another state
53
Recess Clause
A recess appointment is the appointment by the President of the U.S. of a senior fed. official while the Senate is in recess To remain in office the fed. official must be confirmed by the end of the year after Congress gets back in session
54
Representation-Reinforcement approach
Would essentially suggest that courts should exercise more careful review of cases in which states discriminate against persons from outside of their state because those persons cannot participate in the political process of the state and challenge the discrimination in that manner
55
Framers Intention
Framers intended to remove barriers to trade among states that is why they gave commerce power to Congress and that’s why the states should not be allowed to discriminate against out of state buyers
56
Judicial Restraint
Emphasize that in all cases judges should generally not substitute their views for those elected officials at least where there is not a clear textual basis for their review
57
Why can't a state sue Congress?
Congress has the power to regulate interstate commerce and cannot be challenged for exercising that power
58
Looking at the Constitutional Text can states discriminate against interstate commerce?
Nothing in the text that indicates states cannot discriminate against interstate commerce. It is implied from the fact that commerce power was given to Congress
59
Political Question Doctrine
Issues committed by the Constitution to another branch of government Or those inherently incapable of resolution and enforcement by the judicial process
60
Is there a political question?
1. Whether there is a textually demonstrable commitment in the Constitution of the issue to the President or Congress 2. Whether there are judicially discoverable and manageable standards for resolving the question 3. Whether resolution of the question calls for policy decisions inappropriate for judicial resolution 4. Whether resolution of the question will express a lack of due respect for other branches of government 5. Whether there is an unusual need for unquestioning adherence to a political decision that has already been made
61
Congressional Control of Jurisdiction
Diversity of Citizenship
62
Hammer v. Dagenhart
Congress cannot regulate even interstate commerce if the effect of that regulation is to control intrastate activity
63
Rational Basis Test
Whether Congress add a rational basis for concluding that the regulated conduct when viewed in the aggregate has a substantial effect on interstate commerce
64
Formalism
Rule oriented approach Must follow the rule regardless of the effects that follows (Natural Law Approach)
65
Realism (Pragmatism)
Must look at the effect of what decision will be
66
Lopez (1995)
The power of Congress to regulate activities extends only to those activities that substantially affect interstate commerce. Supreme Court held: Only applies if it is a gun that is transported through interstate commerce
67
Hamilton's view regarding the scope of the congressional spending power
Use of congressional spending power is independent of other enumerated legislative power
68
Text of the 11th Amendment only applies to _________
Federal Court and only applies to citizens of other states
69
Congress may only enact legislation under Section 5 of the 14th Amendment _______
Which is remedial or preventative in nature and that is designed to have congruence and proportionality with the substantive rights the court has defined
70
Dean Milk Co.
Even if a statute is facially non-discriminatory the court can find that it discriminates in practice by imposing a burden on interstate commerce which outweighs local benefits
71
Bill of Attainder
Targets a particular person and has to be punishment of a particular person Punishment is relatively narrow definition

Criminal Procedure (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions