Constitutional Law Flashcards
Can Congress put conditions on the federal funds that they give to the states?
Yes, also long as it meets rational basis. (reasonably related to a legitimate government interest.)
and as long as it’s not unduly coercive.
What does the Taxing and Spending Clause allow Congress to do?
Tax and spend for the general welfare.
What can congress regulate regarding Interstate Commerce?
CIA
C - Channels
I - Instrumentalities
A - Activities that substantially effect Interstate Commerce
What are Economic Protectionist Statutes?
A state law that favors in-state business over out-of-state business.
Almost always unconstitutional unless Congress gives their blessing.
If the regulation doesn’t directly discriminate against out-of-staters or foreign nations, what is the balancing test that the court uses?
The reasoning for the state regulation against the Commerce Clause.
When can the states discriminate against out-of-staters in regards to Commerce?
- When the court allows it.
- Market participant exception (unless congress does not allow it.)
Can States grant their citizens greater protections than Federal Law does?
States are allowed to grant their citizens greater protections unless Congress says no.
What is the presumption regarding Congress occupying.the field?
The presumption is that Congress did not intend to occupy the field. Congress must show their intention.
Rule: If you lose in state court, ________________
you appeal to the next highest state court.
What are the three parts to standing?
1) Injury-in-fact - Present injury, not future.
2) Causation
3) Redressability
When does a seller of goods have third party standing?
A seller of goods has third party standing when the rights of the customers are adversely affected.
When may the Supreme Court review a decision from a state court?
1 - There is a final judgment from the State court.
2 - The judgment had to come from the highest state court.
3 - A substantial federal question was raised.
4 - The decision by the state court did not rest on adequate and independent state grounds.
Congress __________, the President ______________
pays for the military;
as commander-in-chief, tells the troops where to go.
Who is eligible for a presidential pardon?
A federal offender or someone threatened with federal charges.
Can’t be pardoned for a state charge by the president.
When can a state discriminate against resident aliens?
Important government functions. (School teacher, police officer, being in a jury.)