Con Law

Question 1

Article 3
Original jurisdiction

Answer 1

• Case can go directly to SCOTUS
  Congress cannot enlarge or restrict (can’t send)
• Congress CANNOT tell SCOTUS what to do
  Congress CAN establish lower courts and jurisdiction

Question 2

Article 3
Appellate jurisdiction

Answer 2

• Case is appealed up to SCOTUS
  Congress MAY regulate scope

Question 3

Mootness

Answer 3

• Can’t get into federal court
  Over the past.the issue has already been resolved

Question 4

Ripeness

Answer 4

• Not ripe to bring to fed court
  In the future. Case is not ready.

Question 5

Standing

Answer 5

• P must have a personal injury at stake
• case or controversy: must be an actual dispute (mootness, ripeness, standing)
• Independent and adequate grounds - no basis to go to fed court
  
  • A case resolved on independent and adequate state grounds will not go to the supreme court
• Political question/justiciability
  Fed court will not hear a case about legislative or executive power (different branch)

Question 6

11th amendment

Answer 6

• Citizens of one state cannot sue its own or another state
• Exceptions:
  
  • State consent
  • Government official
    Municipalities

Question 7

Executive power

Answer 7

• Veto
• Appointment: ambassadors, judges, heads of agencies
  
  • Joint appointment power: Congress may appoint when the counsel/agency has no regulatory/rulemaking authority.
• Pardon:
  
  • Absolute power of the President
  • Only pardon FEDERAL crimes
• Commander in chief - head of armed services. Can move troops but NOT declare war.
• Treaty: make and enter into treaties.
  
  • If treaty and federal law conflict, last in time prevails
• Executive order = domestic; Executive agreement = foreign
  Constitutionality: CANNOT conflict or supersede Congress

Question 8

Legislative power

Answer 8

• Taxing: “to raise revenue for the general welfare”
• Spending: “for the general welfare”
• Commerce clause: Congress has broad/plenary power to regulate interstate commerce/business
• Declare war
• Foreign affairs: Congress has primary authority
• Aliens/non-citizens
• Coin or print money
• Federal land/property - including DC
• Congress can appoint: inferior agencies, body without regulatory authority
  Delegation
• Congress CAN delegate power to President
• MUST include guidelines and/or limitations
  Necessary and Proper Clause
  Congress can do whatever is necessary and proper to enact enumerated powers. LINK!

Question 9

Supremacy clause

Answer 9

• In a conflict between state and federal laws, federal ALWAYS wins
  If no conflict, state law can be MORE RESTRICTIVE, not more lenient, than federal law - congress police power

Question 10

Tenth amendment

Answer 10

• States have POLICE POWER
• States can pass laws for health, safety, and welfare
  
  • Congress CAN’T
    No federal police power

Question 11

Commandeering Rule

Answer 11

• Federal government can’t commandeer/require a state to do anything
  Dormant Commerce Clause
• State law regulating business CANNOT discriminate against out-of-state business
• Discriminatory on face: strict scrutiny
• Incidental discrimination:
  
  • intermediate scrutiny - important gov interest
  • Burden on Commerce should not be excessive
• Market Participant exception:
  
  • State CONTROLS entire industry
    State may discriminate

Question 12

Full faith and credit

Answer 12

• Judgment in one state must be given full faith and credit in another state

Question 13

Federal immunity

Answer 13

• State can’t sue federal government
• State can’t tax federal government (but state can tax individuals)
  Individual can’t sue fed government unless consents

Question 14

State immunity

Answer 14

• Fed gov and states can sue a state
• Fed gov may not tax state if governmental activity
  Fed gov may tax proprietary/individual business on state property