ConLaw Flashcards
Dormant Commerce Clause- Discriminatory Test
Important Non-Economic interest
No less discriminatory alternatives
Exceptions: Market participant or Congress approval
Judicial Branch Powers
Hear cases involving the interpretation of the Constiution, federal laws , treaties, admiralty and maritime laws; and disputes between states and other states, foreign citizens or citizens from different states.
Judicial Powers - Essay Headings
Supreme Court
Original Jurisdiction
Appellate Jurisdiction
Final Judgement Rule
Lower Federal Courts
Sovereign Immunity
Abstention
Federal Executive Powers - Essay Headings
Foreign Policy
Treaties
Executive Agreements
Executive Orders
Military Powers
Domestic Powers:
Presidential Immunity
Executive Privilege
Pardoning Power
Appointment Power
Removal Power
Impeachment and Removal
Federal Legislative Powers - Essay Headings
Enumerated and Implied Power
Federal Police Power
10th Amendment
Section 5 of the 14th Amendment
Taxing and Spending Powers
Commerce Power
Channels of Interstate Commerce
Instrumentalities of Interstate Commerce
Activities with a substantial effect on interstate commerce
Other Powers
Delegation of Powers
Preemption Essay Verbiage
Generally, Congress has the power to regulate the channels and instrumentalities of interstate commerce. Federal legislation that 1) supersedes the state regulation or preempts the field, or 2) authorizes state regulation otherwise impermissible makes it impermissible for state’s to regulate in certain areas.
Dormant Commerce Clause- Non-Discriminatory Test
Two-Part Test:
i. Undue Burden -Not discriminatory but places an undue burden on interstate commerce
ii. Further an important governmental interest
Exception: Market Participation
* Example: State universities can charge more to out-of-state students.
Standing
The plaintiff must show a “personal stake” in the outcome of the litigation. This requires a showing of injury, causation and redressability.
Injury
The plaintiff must allege and prove that they have been direct injured or will be imminently injured. To seek injunctive relief, one must show a likelihood of future harm.
Causation
The plaintiff must prove that the injury is fairly traceable to the defendant’s allegedly unlawful conduct.
Redressability
It must be likely that the plaintiff’s injury will be remedied by a favorable court decision.
Third Party Standing
Generally, one cannot assert the claims of others who are not before the court but there are exceptions. 1) If there is a close relationship between the plaintiff and the injured third party (eg Doctor/Patient), or 2) if the injured party is unlikely to be able to assert his or her own rights
Organizational Standing
Organizations may sue for their members if:
A) a member of the organization would have standing to sue,
B) the interests are germane to the organization’s purpose and
C) neither the claim nor relief requires participation of individual members. The organization can only seek equitable relief.
Ripeness
Ripeness questions when a party may seek pre-enforcement review of a statue or regulation. Factors include, 1) The hardship that will be suffered if no pre-enforcement review is granted and 2) the fitness of the issues (enough information to make a decision) and 3) the record for judicial review.
Mootness
An actual controversy must exist at all times otherwise it will be dismissed
Advisory opinions
There must be specific present harm or threat of specific future harm.
Political Question
Questions that involve matters assigned to other governmental branches by the constitution will not be heard.
11th Amendment
The 11th Amendment prohibits cases in federal courts against the states.
Preemption
Generally, Congress has the power to regulate the channels and instrumentalities of interstate commerce. Federal legislation that 1) supersedes the state regulation or preempts the field or 2) authorizes state regulation otherwise impermissible makes it impermissible for state’s to regulate in certain arenas. However, if Congress has not enacted laws regarding the subject, a state or local government may regulate local aspects of interstate commerce. However, it may not discriminate against or unduly burden interstate commerce.
Dormant Commerce Clause
Where Congress has not regulated a particular subject matter, states are free to regulate interstate commerce on that matter as long as they do not 1) Directly discriminate against out of state commerce or 2) Unduly burdens interstate commerce.
Dormant Commerce Clause - Direct Discrimination Explanation
If a law is facially discriminatory against out-of-staters then the law is presumed to be invalid as violating the Dormant Commerce Clause unless 1) it is necessary to achieve an important non-economic purpose and 2) there are no less discriminatory alternative means available. Such laws will also be presumed valid where the state is acting as a market participant or there is congressional approval.
Dormant Commerce Clause - No Discrimination Explanation
If a law is not facially discriminatory it may still violate the dormant commerce clause if it unduly burdens interstate commerce.
Dormant Commerce Clause - Undue Burden
Law is invalid if the burden on commerce outweighs the local interests protected or benefited by the legislation (balancing test). Even if it does burden commerce, it may still be valid if the state is acting to further an important interest or acting as a market participant.
The Supremacy Clause
The Supremacy Clause and the laws and treaties made pursuant to it are the supreme law of the land via the Supremacy Clause of Article IV of the US Constitution.
Dormant Commerce Clause Exceptions
Market Participant and Congressional Approval
Substantive Due Process
The government needs an adequate reason for taking away a life, liberty and/or property.
Procedural Due Process
If the government deprives on of their rights to life, liberty or property interest, then they must first give that individual proper due process, which consists of notice and the opportunity to be heard.
Deprivation of Liberty (Procedural Due Process)
A deprivation of liberty occurs if there is a loss of significant freedom provided by the constitution or a statute.
A bill of attainder
is a legislative act that inflicts punishment without a judicial trial upon individuals who are designated
either by name or in terms of past conduct. Past conduct acts to define who those particular persons are. Both the federal and state governments are prohibited from passing bills of attainder.
Vagueness
A law is void for vagueness if it does not provide individuals with fair and reasonable notice of the boundaries between lawful and unlawful conduct, in violation of the Due Process Clause
DCC - Undue Burden Test
A law violates the DCC if its burden on interstate commerce outweighs the local interest protected or benefited by legislation. However, if the law unduly burdens interstate commerce, it may still be valid if the state is acting to further an important interest.