Constitutional Law 13-18 Flashcards
What powers does the President have?
Faithfully execute the law;
Appoint ambassadors, public ministers, consuls, supreme/federal court judges, and other officers;
Appoint inferior officers (when the power is given to him by Congress);
Remove cabinet level appointees
Enter into agreements without senate approval;
Pardon federal crimes; AND
Control troops as Commander in Chief.
Priority: Low
When does Congress have the power to delegate Legislative Powers?
They can so long as:
The powers are delegable under the Constitution; AND
Congress provides reasonably intelligible standards to guide the delegation.
*Congress CANNOT delegate powers it does not have.
Priority: Low
Under the 10th Amendment, all powers not granted to the federal government are reserved to the states.
What can congress do to induce state government action?
They can induce state action by attaching restrictions and conditions on federal funding grants pursuant to its federal taxing and spending powers.
Priority: Medium
What is the Negative Commerce Clause?
State and local governments CANNOT pass laws that:
Discriminate against out-of-state commerce; OR
Place an undue burden on interstate commerce.
*Note: If congress has passed laws on a matter, state and local laws on that same matter would be pre-empted by the federal law.
Priority: Medium
Negative Commerce Clause
When is a law deemed discriminatory?
When it is either:
Facially discriminatory; OR
The law has a discriminatory impact because it favors in-state commerce over out-of-state commerce. These laws are typically unconstitutional, unless:
The burden on Interstate commerce is narrowly tailored to achieve a legitimate, non-protectionist state objective; OR
The state/local gov’t is a “market participant.”
Priority: Medium
Negative Commerce Clause
When is a law deemed unduly burdensome?
State and local laws that place an undue burden on interstate commerce are unconstitutionalwhen:
The burden on interstate commerce,
Is clearly excessive to the putative benefits to the state and local government.
*Courts apply this balancing test on a case-by-case basis.
Priority: Medium
