Overall Con Law Flashcards
(45 cards)
What is the source of the Supreme Court’s power of judicial review over federal laws and actions?
Article III, Sections 1 and 2 of the Constitution, specifically interpreted in Marbury v. Madison to include the power to decide if federal laws or actions conflict with the Constitution.
Briefly explain the concept of “standing” as a limitation on judicial power.
party must have a personal stake and concrete adverseness, demonstrating an injury in fact that is caused by the defendant’s conduct and can be redressed by the court.
According to Ex parte McCardle, what authority does Congress have over the Supreme Court’s appellate jurisdiction?
Ex parte McCardle held that Congress could regulate, limit, or make exceptions to the Supreme Court’s appellate jurisdiction. However, Congress cannot tell the Court how to decide a case or expand its jurisdiction in any way.
What is the core requirement for a case to be considered “ripe” for judicial review?
Ripeness requires that there be a present adverse impact or an attempted enforcement of a statute or order. Generally, this means administrative remedies must be exhausted or the party must be subject to the legal process.
What is the significance of the Necessary and Proper Clause according to McCulloch v. Maryland?
McCulloch v. Maryland read the Necessary and Proper Clause broadly, allowing Congress to enact laws that are appropriate and plainly adapted to carrying out its enumerated powers, so long as they are not prohibited by the Constitution.
Identify the three categories of activity that Congress has the power to regulate under the Commerce Clause according to modern interpretation.
The three categories are regulation of the channels of interstate commerce, regulation of the instrumentalities or persons/things in interstate commerce, and regulation of activities that have a substantial relation to interstate commerce.
How did the Court in Wickard v. Filburn justify Congress’s ability to regulate activity that seemed purely local?
Wickard v. Filburn introduced the Cumulative Effects Doctrine, which allows Congress to regulate local activities if the combined effect of those activities by many individuals would have a substantial impact on interstate commerce.
Under the Spending Power, what is the primary tool Congress uses to influence state behavior, as illustrated in South Dakota v. Dole?
The primary tool is attaching conditions to federal spending. States that want to receive the federal funds must follow the rules set by Congress.
What is the significance of the 10th Amendment in the context of federalism, according to cases like NY v. US and Printz v. US?
The 10th Amendment reserves powers not delegated to the federal government, nor prohibited to the states, to the states or the people. Cases like NY v. US and Printz v. US indicate it prevents Congress from compelling states to legislate or commandeering state officials.
What is the general effect of the 11th Amendment on the ability of citizens to sue states in federal court?
The 11th Amendment establishes a broad-based sovereign immunity for states, largely preventing citizens of another state (or their own state) from suing a state in federal court, although there are exceptions.
Judicial Review
The power of the courts to review laws and actions of the other branches of government to determine their constitutionality. Established for federal laws in Marbury v. Madison.
Standing
A requirement for bringing a lawsuit in federal court, demanding that the plaintiff demonstrate a concrete and personalized injury caused by the defendant’s action that can be redressed by a court decision.
Ripeness
The readiness of a case for judicial review, requiring that the dispute has matured to the point where it presents an actual controversy, typically involving a present adverse impact or attempted enforcement of a law.
Mootness
The doctrine that prevents courts from hearing cases where the controversy has ceased to exist by the time the court is ready to render a decision.
Political Question Doctrine
A doctrine that dictates that certain issues are inappropriate for judicial resolution because they are textually committed to another branch of government or lack judicially manageable standards.
Necessary and Proper Clause
Article I, Section 8, Clause 18 of the Constitution, which grants Congress the power to make all laws “necessary and proper” for carrying into execution its enumerated powers.
Commerce Clause
Article I, Section 8, Clause 3 of the Constitution, which grants Congress the power to regulate commerce with foreign nations, among the several states, and with the Indian tribes.
Cumulative Effects Doctrine
A principle developed under the Commerce Clause that allows Congress to regulate local activity if the aggregate effect of similar activities nationwide has a substantial impact on interstate commerce.
Taxing and Spending Power
Article I, Section 8, Clause 1 of the Constitution, which grants Congress the power to lay and collect taxes, duties, imposts, and excises to pay the debts and provide for the common defense and general welfare of the United States.
Coercion (Spending Power)
A limitation on Congress’s ability to use the Spending Power, indicating that conditions attached to federal funds cannot be so overwhelming as to leave states with no real choice but to accept the conditions
Federalism:
The division of powers between the federal government and the state governments.
10th Amendment
An amendment to the Constitution that reserves to the states or the people all powers not delegated to the federal government, nor prohibited to the states.
11th Amendment
An amendment to the Constitution that establishes state sovereign immunity, generally preventing citizens from suing a state in federal court.
Sovereign Immunity
The doctrine that a sovereign government cannot be sued without its consent.
