Cases Flashcards
Yes Spending
Dole
- 19 yr old can buy beer
- Congress pass act to withhold federal money for highways for states not in compliance with 21st Am.
- Gives us limitations
> pursuit of general welfare
> condition must be unambiguous and transparent
> must be related to federal interest of law
> other constitutional provisions may bar the condition as well
> cannot be too coercive
- also a question of 10th Am.
No Spending
Sebelius
- Medicaid expansion provision
- Receipt of federal Medicaid based on states expanding their eligibility reqs
- No choice for states because risk losing all Medicaid funding (10-50% total)
Executive and Separation of Powers
Chadha
- INA - Deferred Deportation
- Writes a one-house legislative veto into the act
- Congress has Article I - Naturalization
- Double dip by pass act, now try to veto
- Violation of Exec Power
Executive Power in general
Chadha
+
Youngstown
- time of war, emergency (court says pre-war tho)
- domestic labor issue - steel mill strikes
- seizing private property
- says in Taft-Hartley, will not give pres power to seize production during labor dispute (questionable color light)
- Tripartite (Jackson concurr)
* Highest Ebb (own power, del power, deference by court)
* Twilight (if silent, Court will look to see if Congress gave green light where Pres and Leg have concurrent authority)
* Lowest Ebb (Pres can still act if enumerated power but rare)
Exec Authority re Major Foreign Policy Dispute
Dames and Moore
- Iran hostage crisis
- P has economic interest in Iran
- Congress agrees
- Do not need ratification for an Executive Agreement with another country
- This executive power is all good
Exec Authority re Stopping Sales to foreign country
Curtiss-Wright
- Congress passed reso authorizing pres to stop sale of arms to Chaco border dispute
- Pres issued EO doing same
- P sold munitions and penalized
- Sole Organ of foreign affairs***
- Exec is clear here
Exec Authority and Travel
Trump v. Hawaii
- Limit entry from counties because not meeting security standards
- Not all countries Muslim, and no mention of Muslim
- Applies Rational Basis Review thru a national security lens
Exec Authority and Legislating
Clinton v. NY
- Line item veto
- Veto changes law adopted by Congress
- Not how presentment should work
- Pres has some lawmaking, but not all
- This action is no good
Exec Authority and Foreign Recognition
Zivotofsky
- Exec refusing to put Jerusalem, Israel
- Reception Clause “shall receive Ambassadors and other public ministers”
- Treaties - both express and implied
- Lowest ebb but still okay
Constitutional Standing Broad C
Allen
Lujan - ICR
Injury Cases
Yes - Duke Power
- Nuclear reactors
- Injury is clear because building a nuclear reactor can lead to exposure, pollution, accident
No - City of LA v. Lyons
- Illegal chokehold case
- No injury b/c it is not likely to suffer from same future injury in the future
Causation Cases
Yes - Duke Power
- But for the law, the reactor would not be built and Ps would not suffer harms
No - Allen v. Wright
- Class action against RS for funding segregated schools
- No evidence that if IRS withheld tax-exempt status that the segregation would change
Redressability Cases
Duke Power
- If law struck down, reactors will go away
No - Linda v. Richard
- TX child support case
- If win, dad will go to jail and she would not get child support money
No - Warth v. Seldin
- Challenge to zoning practices
- P did not demonstrate exclusionary housing would be constructed without zoning
Third Party Standing
Yes - Singleton v. Wulff
- Doctors challenge statute that affects the funding of Medicaid to needy persons needing abortions
- 2 factors
- relationship of litigation to person whose right litigant seeks to assert
- ability of 3rd party to assert own right
No - Gilmore v. Utah
- Mom asking for stay of execution even though he waived his own right to appeal
- Close relationship, but son knew his right and waived it. So no.
General Grievance
No case - US v. Richardson
- Taxpayer challenged Congress failure to get more detailed reports of CIA expenditures
- No logical nexus b/w taxpayer and injury . No general grievance.
Yes case - Flast v. Cohen
- Taxpayers can bring general grievance if
- must be a spending clause power
- must be an establishment clause
- EC dont have personal injury - so case can be brought
