Constitutional Law Flashcards
Ex Post Facto Clause
Prohibits legislation that retroactively alters the criminal law in a substantially prejudicial manner so as to deprive a person of any right previously enjoyed for the purpose of punishing the person for some past activity
Applies to criminal matter only
Congress’s Power to Delegate
Congress has broad discretion to delegate its legislative power, some powers are uniquely confined to Congress and cannot be delegated, delegation will be upheld only if it includes “inteeligble standards”, separation of powers can prevent Congress from keeping controls over some delegates
Extraordinarily broad delegations of powers on major issues require clear language indicating Congress’s intent to delegate such broad power; Congress cannot delegate power to declare war or impeach
Standing
Elements: 1) specific injury, 2) redressability, 3) causation.
SC has found that an individual has standing in federal court b/c the alleged illegal act or unconstitutional action has an impact on the person’s well being or physical environment
Doing Business “tax” (for purposes of the Commerce Clause)
A doing business tax can be imposed on companies engaged exclusively in interstate and local commerce, for the privilege of doing business in the state. Such taxes may be measured by a flat amount or may be proportional rate based on revenue derived from the taxing state. Basic requirements
* activity taxed must have a substantial nexus to the taxing state and
* tax must be farily apportioned
* must not discriminate against interstate commerce and
* must fairly relate to services provided by the state
Congress’s Taxing Power
Congressional tax generally will be upheld as long as it either
* bears some reasonable relationship to revenue production or
* the subject of the tax is within Congess’s enumerated powers
Exercise of the taxing powers have been found valid
* whenever the tax will raise a reasonable amount of revenue or
* Congress has the power to regulate the area taxed
