Constitutional Law Flashcards
(41 cards)
When is third-party standing appropriate?
- -A party who has satisfied the constitutional minimum for standing will be allowed to raise a claim of an absent third-party if: (1) there is a close relationship, (2) the injured party is unlikely to be able to assert his own rights
- -an organization may sue for its members if (1) the member would have standing (2) interest has germane to the organization’s purpose, (3) claim nor relief requires participation of individual members.
What are the three requirements for standing?
(1) the litigant must have suffered [or likely to suffer] some concrete, individual injury in fact which was (2) caused by the act being complained of, and (3) there must be a significant possibility that this injury will be redressed by giving the litigant the relief he seeks.
* * generally there is no text payer standing.
What is ripeness?
Concerns wanted plaintive may obtain pre-enforcement review of a statute or administrative regulation.
What is mootness?
A case of not justiciable if it is moot. A case is moot if it is raised a judicial controversy at the time the complaint was filed, but events occur after filing have deprived the litigant of an ongoing stake in the controversy.
–exception: the issue is capable of repetition, yet evading review.
What is sovereign immunity?
The 11th amendment bars suits against states in federal court and bar suits against states and state courts or federal agencies.
–exceptions: waiver; states may be sued pursuant to federal laws adopted under section 5 of the 14th amendment; federal government may sue state governments; and bankruptcy proceedings.
What is congresses taxing and spending power?
Congress may lay and collect taxes, duties, import and excises, to pay the debts and provide for common defense and general welfare of United States.
What is the commerce clause?
Congress has authority under the commerce clause to regulate commerce in three main areas. These are the (1) channels of interstate commerce, (2) the instrumentalities of interstate commerce, and (3) those activities that substantially affect interstate commerce.
What is congresses property power?
Congress has the power to dispose of and make rules for territories and other properties of United States [including Washington DC]. There is no express limitation on congresses power to dispose of property, federal takings [imminent domain] must be for the purpose of effectuating an enumerated power under some other provision of the Constitution.
What are congresses war Powers?
Congress has the power to declare war, raise and support armies, and provide for and maintain a Navy.
What is congresses bankruptcy power?
Congress has the power to establish uniform rules for bankruptcy; states may legislate so long as their laws do not conflict with federal law.
What is congresses Admirality power?
Congress’s admiralty power is plenary and exclusive unless Congress leaves maritime matters to states.
What is Congress’s patent/copyright powers?
Congress has the power to control the issuance of patents and copyrights.
What is the 13th amendment?
The 13th amendment, unlike the 14th and 15th, is not explicitly limited to governmental action. It is practically the only clause in the Constitution that prevents one private citizen from doing something to another.
–allows Congress to stamp out the badges of slavery. All other racial minorities are also protected.
When can Congress delegate its powers?
There is no limit on congresses ability to delegate legislative powers. Legislative vetoes and line-item veto’s are unconstitutional.
Congress may not delegate executive powers to itself or its officers.
What is the executive powers right to execution of laws?
The president holds the executive power. This is, he carries out the laws made by Congress. It is his obligation to make sure that the laws are faithfully executed. However, Pres. has no power to impound funds appropriated by Congress.
What is the commander in chief executive power?
He it is commander-in-chief of the Armed Forces. So he directs and leads our Armed Forces [but he cannot declare war – only Congress can]. Never, has a presidential use of troops in foreign nations been declared unconstitutional.
What are the treaty and foreign affairs executive powers?
The president can make treaties with foreign nations [but only if two thirds of the Senate approves]. He appoints ambassadors. Also he effectively controls our foreign-policy – some of this power over foreign-policy stems from his right to appoint ambassadors, but much is simply implied from the nations need to speak with a single voice.
Who appoints federal officers?
The present appoints all federal officers. These include cabinet members, federal judges, and ambassadors [but the Senate must approve all such federal officers by majority vote]. As to inferior federal officers it is up to Congress to decide whether they should be appointed by the Pres., by the judicial branch, or by the heads of departments. Congress cannot make these lower-level appointments itself, it may merely decide who can make these appointments.
Who can the Pres. pardon?
The president can issue pardons, but only for federal offenses. [He cannot pardon anyone who is been impeached].
What is the presidents veto power?
The present may veto any laws passed by both houses [this may be overruled by two thirds majority of each house]. If the president doesn’t veto the bill within 10 days after receiving it, it becomes law [unless Congress has adjourned by the 10th day after it sent him – this is a so called pocket veto]. Present may not line-item veto [all or nothing].
What are the four limitations to congress’ delegation authority?
Cannot delegate the powers that are unique to Congress [power to declare war in impeachment].
Must include some intelligible standards to be followed.
Cannot retain executive powers unto itself.
May delegate authority to enact regulations.
What is the speech and debate clause?
Members of Congress are given broad immunity by the speech and debate clause: for a speech or debate in either house, shall not be questioned in any other place, this clause shields members of Congress from civil or criminal suits relating to the legislative actions and grand jury investigations relating to those actions.
What is the supremacy clause?
The supremacy clause of the article 6 provides that the Constitution and laws and treaties made pursuant to it, are the supreme law of the land.
- -express: when a federal statute says that federal law is exclusive in an area.
- -implied: where a statute is silent:
- —if federal and state laws are mutually exclusive, federal law pram state law.
- —if state law in peds the achievement of federal objective, federal law preamp state law.
- —if Congress evidences a clear intent to preempt state law, federal law preempt state law.
- ** note: states may not tax or regulate federal government activities [inter – governmental immunity].
What is the dormant commerce clause?
A state or local law is unconstitutional if it places an undue burden on interstate commerce.
