con law

Question 1

Enumerated powers

Answer 1

To the judicial, executive, legislative, people

limits powers of government, everything not listed goes to the people

Question 2

separation of power

Answer 2

between the three branches

Question 3

federalism

Answer 3

between states and fed govt

Question 4

as applied

Answer 4

arguing the law is unconstitutional in how it applies to plaintiff’s situation

remedy - reg still exists, just doesn’t apply to this plaintiff or similarly situated plaintiffs

Question 5

as written

Answer 5

arguing that the law as a whole is not constitutional

remedy - law is not good

Question 6

void for vagueness

Answer 6

do ordinary people understand what is prohibited law?

Question 7

collateral attack doctrine

Answer 7

any court decision that is final cannot be attached by another sitting court in the same jurisdiction or higher jurisdiction

have to argue the same issues on appeal

Question 8

Janus overturning factors

Answer 8

1. quality of reasoning
2. workability of rule established
3. consistency with other decisions
4. developments since decision
5. reliance on decision

Question 9

overturning rule - citizens united

Answer 9

if neither party defends the standing rule, then less influence on stare decisis

Question 10

judicial review

Answer 10

looking at actions of another branch of constitutionality, striking down actions if unconstitutional

Question 11

judiciable definition

Answer 11

an issue can be decided by a court acts as a limit on the power of the court

Question 12

judiciability limitations

Answer 12

1. no advisory opinions
2. standing*
3. ripeness
4. mootness
5. political question*

Question 13

standing elements

Answer 13

1. right plaintiff - p has suffered or will suffer a concrete, individualized injury
2. right defendant - injury is traceable to d’s conduct
3. right remedy - favorable federal ct decision will likely redress injury

Question 14

source of standing doctrine

Answer 14

article III cases and controversies requirement

Question 15

political question factors (important 2)

Answer 15

(1) a textually demonstrable constitutional commitment of the issue to a coordinated political department*
(2) or a lack of judicially discoverable and manageable standards for resolving it*

Question 16

fed legislative power analysis

Answer 16

1. does congress have the authority under constitution to legislate? art 1 sec 8
2. does law violate another constitutional power?

Question 17

necessary and proper clause

Answer 17

source for rational basis test, giving means to enumerated power

Question 18

commerce clause rule

Answer 18

channels, instrumentalities, activities

Question 19

challenges under commerce clause

Answer 19

1. as written
2. as applied
3. as interpreted by exec agency

Question 20

expansive definition of commerce

Answer 20

• traffic between states
• congress can eliminate barriers to interstate commerce
• products that travel interstate are subject even if production and sale is intrastate
• actions which in the aggregate would have an effect on interstate commerce