Constitutional Law Flashcards

(37 cards)

1
Q

Powers of Congress

A
  • Commerce Powers
  • Taxing and Spending Powers
  • War, Defense, and Foreign affairs Powers
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Where did Congress get its power?

A

good rule of thumb?

  • commerce clause

can prevent racial discrimination under the commerce clause

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

Commerce Powers

A

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

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

jurisdictional hook**

A

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)

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

taxing and spending

A

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

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

10th Amendment

A

Congress can’t commandeer a state to act

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

War, Defense, and Foreign affairs Powers

A

Congress has power to declare war

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Property Clause*

A

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

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

Defense, and Foreign affairs Powers

A

President signs treaties but with advice and consent of the senate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

power to investigate

A

Congress can investigate to create laws

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

13th

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

14th Amendment Section 5

A

The enforcement clause:

Congress can prevent and remedy the states

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

14th Amendment Section 5

A

The enforcement clause:

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

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

Equal Protection Clause

A

does not apply against the federal government

14th Amendment

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

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

15th

A

covers race and voting

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

Power of the President

A
  • Chief Executive
17
Q

Chief Executive

A

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

18
Q

Take Care Clause

A

Pres takes care that laws are properly executed

prosecutors can choose not to prosecute

19
Q

Pardon Power

A

Pres can only pardon for federal crimes

murder is a state crime

federal crime is anything that touches state lines

20
Q

Commander in Chief

A

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

21
Q

Treaty and Foreign affair powers

A

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

22
Q

Executive agreement v. executive order

A

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

23
Q

Appointment and Removal of officials

A

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)

24
Q

Congressional limits on the executive

A

only tested:

with legislative Vetos

25
non delegation doctrine
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)
26
immunities
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
27
Speech/debate clause
anything they say while on the floor is immune doesn't apply to the states
28
judicial review think:
- where did government get power to enact Statute/ordinance/law - where did that right come from - are they applying it even handedly
29
state judiciary
has general J. power to hear anything fed Judiciary can only hear cases as allowed by Congress or constitution
30
fed courts original Jurisdiction:
suits between two states foreign ambassadors
31
Congressional power to define and limit
cant expand or limit actual J of SCOTUS powers BUT can limit appellate J
32
11th a
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
33
judicial review | case or controversy rqmt**
prohibition on advisory opinion
34
standing
must suffer injury and court must be able to order a remedy generally taxpayers have no standing unless putting money toward establishment clause (religion)
35
ripeness
must be immediate harm
36
mootness
unless capable of repetition yet evading review
37
adequate and independent state grounds**
adequate- fully dispositive | con law one minute 16