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Constitution Flashcards

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1
Q

requires all States in the US to recognize and give effect to the legislation, public records and judicial decisions of other States in the US.

A

Full Faith and Credit Clause (Art IV §1)

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2
Q

All Americans have the same basic rights, no matter what state they live in or travel to.

A

Privileges and Immunities Clause (Art IV §2)

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3
Q

Guarantee Clause (Art IV §4)

A

(1) a guarantee of a republican form of government
(2) protection against foreign invasion
(3) upon request by the state, protection against internal insurrection or rebellion

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4
Q

Guarantee Clause generally IS / IS NOT justiciable.

A

IS NOT. See Pacific States, Luther.

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5
Q

Article II §2

A

Judges & Justices nominated by the President & confirmed by the Senate

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6
Q

the President must sign or veto an entire bill.

A

Article I, § 7 Cl. 3. See Clinton.

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7
Q

The President has the sole power to negotiate treaties

A

Art II §2 (but permission from two-thirds of the senators present to enact them)

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8
Q

The President has authority to enter into executive agreements with foreign governments

A

Article II, section 2

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9
Q

The President is commander in Chief of

A

the armed forces (including state national guards when they are called on to serve with the federal armed forces).

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10
Q

The President has control over recognition decisions

A

See Zivotsky II

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11
Q

The Contracts Clause can be found in

A

Article I, §10 and is understood to be a limitation on what the legislature of the States can do to existing contracts.

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12
Q

recognition decisions

A

receiving an ambassador, concluding a bilateral treaty, or initiating diplomatic relations.

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13
Q

The president shall have direct diplomacy with foreign heads of state and their ministers

A

Article II, Section 2. See Zivotofsky I

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14
Q

The president can issue executive orders

A

There is no specific provision in the United States Constitution for Executive Orders. (Art II §2 generally viewed as granting authority for such orders . . . think “right to privacy” type shi)

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15
Q

President can grant pardons for offenses against the United States

A

Art II §2

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16
Q

Dept. Heads (cabinet members) & Exec agency RESPONSIBILITIES

A

are not defined in the Constitution

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17
Q

President is responsible for the execution and enforcement of the laws created by Congress. Fifteen executive departments — each led by an appointed member of the President’s Cabinet — carry out the day-to-day administration of the federal government.

A

ART II §2

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18
Q

ART II §2: As chief executive, the president runs the different executive agencies, such as

A

the Department of the Treasury or the Department of Health and Human Services.

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19
Q

ART II §2 : With the approval of a majority of senators, the president makes a number of key appointments. These include

A

U.S. ambassadors and foreign consuls, Supreme Court justices and federal judges, U.S. attorneys, U.S. marshals, Cabinet officers, independent agency heads, and members of regulatory commissions.

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20
Q

(Enumerated) Congress has two houses:

A

the House of Representative (Art I, §2) and the Senate (Art I, §3)

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21
Q

Representatives serve 2 year terms and are up for re-election every other year

A

Art I, §2

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22
Q

Senators serve 6-year terms and only about 1/3 of the Senate is up for reelection during any election.

A

Art I, §3 (think 1/3 of senates up for election –> Section 3)

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23
Q

(Enumerated) 2/3 of both houses can vote to propose an amendment ; 3/4 state legs ratify

A

Article V

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24
Q

2/3 state legislatures can ask Congress to call a nat conv. to propose amendments (Vertical Sharing)

A

Article V

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25
Q

(Implied) Congress can remove certain issues entirely from the Supreme court’s jurisdiction

A

Article III § 2, cl. 2 & Marbury (confirmed by Ex parte McCardle)

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26
Q

(Implied) Only Congress has the authority to remove an Article III judge.

A

Article III §1 “good behavior”

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27
Q

(Enumerated) House of Representatives power of impeachment

A

Article I, §2, cl. 5

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28
Q

(Enumerated) Senate is given the power to try (and convict with 2/3 majority) impeachments

A

Article I, § 3, cl. 6

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29
Q

NECESSARY & PROPER CLAUSE

A

Art I §8

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30
Q

COMMERCE CLAUSE

A

Art I §8, cl. 3

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31
Q

What amendment - Gibbons v Ogden

A

Amend 15

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32
Q

Congress can spend for the “general welfare” using reasonable conditions

A

Art. I, Sec. 8, Cl. 1

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33
Q

Congress is permitted to raise revenues through taxing, despite incidental penalties that might occur so long as the tax is uniform

A

Art. I, Sec. 8, Cl. 1

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34
Q

Indirect taxes (Probably dont need to know)

A

Art I, §8

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35
Q

(Probably dont need to know) Direct taxes (taxes on real property)

A

Art I, §2

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36
Q

Exports (Probably dont need to know)

A

Art I, §9

37
Q

The reality of executive power in emergencies

A

135 statutory powers may become available to the president when he declares a national emergency

An additional 13 statutory powers become available when a national emergency is declared by Congress.

38
Q

(Enumerated) Congress can make rules for the gov. and regulation of the land & naval forces

A

Art I §8 cl. 14

39
Q

(Enumerated) In cases arising in time of war/public danger, persons can be tried w/out a grand jury

A

Amend. 5

40
Q

Jx of Military tribunals

A

reviewable not by USSC, but by military authorities (still have Res Judicata & Double Jeopardy Effect)

military tribunals are not courts with Jx in law or equity within the meaning of Art III.

SC Jx cannot extend any further than the cases enumerated in Art III § 2, Cl. 2

41
Q

Even if a statute has given it’s approval,

A

a later federal law generally controls

42
Q

If a treaty is not self-executing and was not intended to apply domestically,

A

it may not have domestic applicability

43
Q

Reconstruction Amend (13,14,15) vs. Commerce Clause

A

limited to remedial action, whereas Commerce Clause is Broader & more fluent

44
Q

ArtIII.S1.7.2

A

Stare Decisis :
Systematic respect for that doctrine is what turns exposition into law making

45
Q

CASES & CONTROVERSY

A

ArtIII.S2.C1

46
Q

NO ADVISORY OPINIONS

A

ArtIII.S2.C1.4

47
Q

Need adversarial litigants

A

ArtIII.S2.C1.5

48
Q

RIPENESS / MOOTNESS

A

ArtIII.S2.C1.7 / ArtIII.S2.C1.8

Live Controversy is required at all stages of litigation

49
Q

(8.5) Major Exceptions to Mootness [CHECK}

A

(1) if it will happen again and evade review (2) Voluntary cessation But improper behavior easily re-engaged in

50
Q

Constitutional & Prudential STANDING

A

Lujan + art. III §2 cl.1

51
Q

Lujan in Constitution

A

ArtIII.S2.C1.6.4

Plaintiff is or will be suffering imminently

52
Q

POLITICAL QUESTIONS Can the court redress at all?

A

ArtIII.S2.C1.9

53
Q

Baker v Carr (related constitutional authority)

A

Article IV§4 + 14th

54
Q

Powell (related constitutional authority)

A

Article I, Section 5 + History of Application to Article I, Section 2

55
Q

Luther (related constitutional authority)

A

Article IV §4 Guarantee Clause

56
Q

AMEND 1

A

G - rievances
R - eligion
A - ssembly
P - etition / Press
E - tablishment
S - peech

57
Q

Amend 1 Grievances

A

Right to complain to gov. or ask for help without fear

58
Q

Amend 1 Assembly

A

Right to peacefully gather on public land, form groups, organize for a common purpose

59
Q

Amend 1 Press / Petition

A

Right to circulate information and opinions in print without interference from the gov.

“right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

60
Q

Amdt1.4 (Free Exercise)

A

Freedom of Religion

“Congress shall make no law respecting an establishment of religion”

61
Q

Amdt1.4 (Establishment)

A

Freedom from Relgion.

“or prohibiting the free exercise thereof”

62
Q

Amend 5

A

gov’t only to take private property for “public use.”

63
Q

Congress shall have power to enforce, by appropriate legislation, the provisions of this article

A

Amdt14.S5

64
Q

Amend 10

A

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the people.

65
Q

The notion of implied powers is explicitly stated in

A

the necessary and proper clause of Art. I, §8.

66
Q

Why did the founders make Leg branch the longest?

A

They thought that the legislative branch was going to have the most powers and wanted to establish concrete limitations so that they would not be able to expand their power

67
Q

Amend 11

A

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

68
Q

Separation of Powers Doctrine

A

One branch may not usurp the power of another branch - at least not without the other branch’s permission (delegation of power)

69
Q

Bill of Rights

A

Guarantees individual rights against the federal government.

70
Q

abstention

A

If action already going on in state court on unsettled question of state law, federal court will abstain so state can settle issue

71
Q

11th Amendment and Sovereign Immunity Waiver

A

Can be express (explicit consent) or structural (implicit consent to yield immunity with respect to certain federal powers based not he plan of the Constitution)

72
Q

Art I §8 Random War / Military shit

A
  1. inferior tribunals
  2. offenses
  3. declare war
  4. raise and support armies
  5. navy
  6. gov & regulation of land
  7. calling forth militia
  8. organizing militia
73
Q

Art I §8 $$$

A
  1. Tax
  2. Borrow Money
  3. Commerce
  4. Naturalization , Bankruptcy
  5. Coinage
  6. Counterfeiting
74
Q

Full Art I §8

A
  1. Tax
  2. Borrow Money
  3. Commerce
  4. Naturalization , Bankruptcy
  5. Coinage
  6. Counterfeiting
  7. Post office mail shit ** Most important for this card** Could affect FOS.
  8. Patents & copywright
  9. inferior tribunals
  10. offenses
  11. declare war
  12. raise and support armies
  13. navy
  14. gov & regulation of land
  15. calling forth militia
  16. organizing militia
  17. authority over places purchases
  18. neccessary & proper
75
Q

Congress Property Power (ArtIV.S3.C2)

A

Includes power of eminent domain, to dispose of federal property, and to make rules/laws regulating federal lands and Indian reservations.

76
Q

Delegation

A

Congress may delegate its power to other branches

technically a intelligible standard “requirement” for delegation (usually, almost anything suffices)

77
Q

Major Question Doctrine (Exception to Congressional Delegation) See West Virginia v. EPA (I don’t know if we learned that)

A

Agency seeking to adopt rules having significant financial or political impact must be able to point to language clearly granting such authority.

78
Q

Legislative Veto

A

Making law requires bicameralism. Congress cannot make a law reserving to Congress the right to overturn discretionary executive action without passing a new land and presenting it to the President for approval.

79
Q

3 Presidential Powers Over External Affairs

A
  1. President can commit troops but power to “declare war” belongs to Congress
  2. Treaty Power
  3. Execute Agreements
80
Q

Executive Agreements

A

Enforceable if not in conflict with federal laws, treaties, or Constitution

Don’t call this one implied bc Claus doesn’t like that. But like… it is. The Constitution doesn’t explicitly grant him this power. Its implied through his basis of power to conduct foreign relations

81
Q

Supremacy Clause

A

ArtVI.C2

82
Q

Express Preemption

A

narrowly construed

83
Q

Field (Implied) Preemption

A

If federal law comprehensive or a federal agency oversees area, preemption may be found

84
Q

Preemption of Historic State Police Powers

A

Presumption that historic state police powers are not intended to be preempted unless that tis the clear and manifest purpose of Congress

85
Q

State acting as Market Participant

A

Might still violate the privileges and immunities clause. There are no downstream restrictions - the state cannot control what happens to goods after state sells them.

86
Q

Dormant Commerce Clause

A

ArtI.S8.C3.7

87
Q

Article IV Privileges and Immunities Clause

A

Prohibits states from discriminating against citizens of other states with respect to “fundamental” rights (Note: Corporations and aliens are not citizens)

88
Q

Due Process Clauses

A

5th Amendment (Fed Gov)
14th Am (States)

Con Law (16 decks)

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