Constitutional law Flashcards
Article III Requirementss
Federal judicial power extends to interpretation of the constitution, federal laws, treaties, admiralty and maritime law, and dispute between states, foreign citizens, and citizens of diverse citizenship. Also requirement of “case or controversy.”
What are Supreme Court appeals (rare)
Decisions by three-judge federal district court panels that grant or deny injunctive relief. They are mandatory cases for the Supreme Court.
When considering questions of ripeness, what dos a federal court consider (2)?
1) Fitness for judicial decision, i.e., issue must not rely on uncertain or contingent future events
2) Hardship to parties of withholding court consideration.
Three components of standing
1) injury in fact that is particularized and concrete
2) causation, ie connection between the injury and the conduct complained of
3) repressibility – a decision in litigant’s favor will eliminate her grievance
What is the eleventh amendment?
state sovereign immunity. Prohibits the federal courts from hearing a private party or foreign government’s claims against a state government
What is the “necessary and proper” power?
Congress has the power to make all laws necessary and proper for executing any power granted to any branch of the federal government.
When will congress’s power to tax be upheld (2)?
1) when taxes bear some reasonable relationship to revenue production or
2) Congress has thee power to regulate the activity taxed.
What restrictions on spending are there for Congress?
Spending may be for any public purpose
What is the commerce clause?
Congress has the power to regulate all foreign and interstate commerce.
What are the requirements for a federal law regulating interstate commerce?
The law must 1) regulate the channels of interstate commerce, 2) regulate the instrumentalities of interstate commerce and persons and things in interstate commerce or 3) regulate activities that have a substantial effect on interstate commerce.
When will the Court uphold congressional efforts to regulate intrastate activity?
If the regulation is of economic or commercial activity and the court can conceive of a rational basis on which Congress could conclude that the activity in aggregate substantially affects interstate commerce. If it’s noncommercial and noneconomic, court likely will not uphold (guns in school zones, gender-motivated violence).
When do military courts have jurisdiction over American soldiers?
Military courts have jurisdiction over all offenses committed by persons who are members of the armed services both at the time of the offense and when charged
Standard for delegating legislative power to the executive or judicial branch
intelligible standards are set and the power is not unique confined to Congress.
Speech and debate clause
Conduct that occur sinn the regular course of the federal legislative process and the motivation behind the conduct are immune from prosecution
What is a pocket veto?
The president has 10 days to exercise veto power. If he fails to act within that time and congress is not in session, then the bill is automatically vetoed. If Congress sis in session, the bill becomes law.
Can the president refuse to spend appropriated funds when Congress has expressly mandated they be spent?
No.
What is the “take care” clause?
President shall take care that law be faithfully executed. Related to requirement that president spend money Congress has appropriated.
Executive war power
president has no power to declare war but may act militarily in actual hostilities against the US without a congressional declaration of war.
President’s treaty power
President has power to enter into treaties with the consent of 2/3rds of the Senate.
When are treaties the supreme law of the land?
When they are self-executing
How are conflicts between valid treaties and federal laws resolved?
The last in time prevails
Can the United States sue a state without its permission?
Yess
Can a state sue the US without its permission?
No.
When is a suit against a public federal officer deemed to be brought against the US itself?
When the judgment would be satisfied out of the public treasury or would interfere with public administration
Can one state sue another state?
Yes. The Supreme Court has exclusive original jurisdiction
May Congress subject state and local governments to regulation and taxation?
Yes, if the law applies to both public sector and private sector.
Spending power conditions
Congress may regulate states through the spending power by imposing conditions on the grant of money to state or local governments so long as the conditions are
1) clearly stated
2) relate to the purposes of the program
3) are not unduly coercive.
Can congress require state executive offices, e.g., the police, to enforce federal laws?
No, because it would upset the Constitution’s “dual sovereignty” structure.
What does the interstate privileges and immunities clause prohibit?
discrimination by a state against nonresidents when the discrimination concerns “fundamental rights.”
What are the fundamental rights protected by the privileges and immunities clause?
rights relating to important commercial activities, i.e., pursuit of livelihood, or civil liberties.
Exception to the privileges and immunities clause?
The state law may be valid if the state has a substantial justification for the different treatment, ie nonresidents either cause or are part of the problem that the state is attempting to solve and there are no less restrictive means to solve the problem.
When can state or local governments regulate local aspects of interstate commerce?
if congress has not enacted laws regarding the subject. But the laws must not discriminate against or unduly burden interstate commerce
What is the “negative commerce clause” or the “dormant commerce clause?”
Descriptive terms that reflect the idea that even where Congress has not acted, the commerce clause restricts state regulation of interstate commerce. States may not favor local economic interests or unduly burden interstate commerce.
What is the commerce clause?
Congress has the power to regulate interstate commerce and conflicting state laws are superseded and even nonconflicting laws in the same area may be preempted.
What is the exception to the rule that state or local regulations cannot discriminate against interstate commerce?
Important state interest exception – may be valid if it furthers an important, noneconomic state interest and there are no reasonable nondiscriminatory alternatives available.
State as market participant exception to ban on interstate discriminatory regulations
A state may prefer its own citizens when acting as a market participant, e.g., when buying, selling, hiring labor, etc.
Three exceptions to invalidity of laws that discriminate against interstate commerce
1) it furthers an important noneconomic state interest and there are no reasonable, non discriminatory alternatives available
2) the state is acting as a market participant
3) it involves government action regarding the performance of a traditional government function, ie waste disposal.
Test if the state law is nondiscriminatory but but burdens interstate commerce, e.g., a state statute banning trucks over 60 feet
it will be valid UNLESS the burden outweighs the promotion of a legitimate local interest. Court will consider whether less restrictive alternatives are available.
Commerce clause analysis on bar exam
1) Does the question refer to any federal legislation that would supersede state regulation, preempt the field or authorize state regulation where it would otherwise be impermissible?
2) If no, then does the state regulation either discriminate against interstate or out-of-state commerce or place an undue burden on the free flow of interstate commerce? If it is discriminatory, then it will be invalid unless it (i) furthers Ann important, noneconomic state interest AND there are no reasonable nondiscriminatory alternatives or (ii) the state is acting as a market participant. If the regulation does not discriminate but burdens interstate commerce, it will be invalid if the burden outweighs the state’s interest.
Congressional power re: state taxation that affects interstate commerce
Congress has complete power to authorize or forbid state taxation that affects interstate commerce
When will a nondiscriminatory state tax be valid?
1) There must be a lsubstnail nexus between the activity and the taxing state, e.g., business avails itself of the privilege of doing business in the state
2) the tax must be fairly apportioned according to a rational formula but the taxpayer has the burden of proving unfair apportionment
3) there must be a fair relationship between the tax and the services/ benefits the state provides.
Are state use taxes permissible?
Yes. Use taxes, or taxes imposed on goods purchased outside the state but used within it are valid.
Are taxes on commodities in the course of interstate commerce taxable?
No. Commodities in interstate transit are entirely exempt from state taxation.
When does interstate shipment end and therefore goods are subject to local tax?
When the cargo reaches its destination; thereafter the goods are subject to local tax.
What are the exceptions to the provision of the Bill of Rights’ application to the states through the 14th Amendment’s Due Process Clause?
(i) the 5th amendments prohibition of criminal trials without a grand jury indictment; (ii) the Seventh Amendment’s right to jury trial in civil cases.
What does the 15th amendment provide?
prevents both federal and state governments from denying a citizen the right to vote on account of race or color.
What does the 14th amendment provide?
Prevents states from depriving any person of life, liberty, or property without due process and equal protection of law.
What is the scope of Congressional power under the 14th amendment?
Section 5 of the 14th amendment gives Congress the power to adopt appropriate legislation to enforce the rights and guarantees provided by the 14th amendment. Under section 5, Congress may not expand existing constitutional rights or create new ones–it may only enact laws to prevent or remedy violations of rights already recognized by the courts.
How must congress adopt a valid law under the 14th amendment?
Point to a history or pattern of state violation of such rights and adopt legislation that is congruent and proportional (i.e., narrowly tailored) to solving the identified violation.
Impact of commerce clause on congress’s right to prohibit private racial discrimination
Under the broadly construed commerce clause, congress may prohibit private racial discrimination in activities that might have a substantial effect on interstate commerce.
