Constitutional Law Flashcards
JUSTICIABLE CASE OR CONTROVERSY
Federal courts may hear based on law-based federal jurisdiction from Constitution, federal laws and treaties, admiralty and maritime law
Example sentence: Federal courts can hear cases involving disputes related to federal laws or treaties.
Standing
I must show ‘personal stake.’ 1) [l’s actual or imminent injury, 2) causation, 3) redressability
No ‘injury’ to taxpayers (unless litigating tax bill or fed taxpayer challenging spending 1A religious grounds), legislators, Constitution lovers.
Ripeness
Il must show harm or imminent threat of harm. Proposed law or action not yet taken are not real cases or controversies
Example: A lawsuit challenging a law that has not been implemented yet would be considered premature.
Mootness
A case is moot if the dispute has been resolved (i.e., there is no redressability), unless ‘capable of repetition, yet evading review’
Example: A case about a temporary issue that may reoccur in the future can still be considered moot.
Political Q
Fed court will not take issues involving a matter for another branch of gov’t that the judicial process is inherently incapable of resolving and enforcing
Example: Federal courts will not get involved in disputes that are better suited for the legislative or executive branches.
Abstention
Fed court will abstain (defer to state courts) if claim is based on an undecided issue of state law
Example: Federal courts may choose to let state courts handle cases that involve unresolved state law issues.
Delegation power
Congress can delegate powers it possesses and create an agency with legislative power to make rules. Intelligible guidelines for carrying out concrete objectives are required
Example: Congress can assign certain powers to agencies to regulate specific industries.
Property power
Regulate and dispose of federal property, including Indian property and wild animals.
Example sentence: Congress has the power to regulate the use of federal lands.
Speech and debate clause
A member of Congress (+ aides) cannot be punished for anything said on legislative floor.
Additional information: This clause is designed to protect free speech within the legislative branch.
Impeachment power
Congress can remove the president, federal judges, and federal officials through impeachment.
Example sentence: Impeachment is a constitutional process to hold government officials accountable for their actions.
Appropriations power
Congress can pass a bill to direct how the president must spend money.
Additional information: This power allows Congress to control the federal budget.
Earmarking funds
Executive branch must spend the funds, or obtain Congress approval to refuse spending.
Example sentence: Earmarking funds ensures that specific projects receive funding as intended by Congress.
Congressional authorization 3-prong test
Where the president acts with Congress’s express/implied authority, his power is at its apex, and his action is likely valid. Where Congress is silent, the president’s action is upheld as long as the act does not take over another branch’s powers or prevent another branch from performing its tasks. Where the president acts against Congress’s express will, he has little authority, and his action is likely invalid.
Additional information: This test helps determine the extent of the president’s power when acting in conjunction with Congress.
Chief executive domestic powers (EAR PVPs)
Continuing public office & sign. Discretion to minister/enforce laws. Enforcement of laws, not making them. May delegate to other executive officers. Attorney general is chief law-enforcement official. May direct federal executive agencies (executive orders) but not private parties outside the executive branch unless authorized by Congress. May set up presidential advisory commissions.
Additional information: These powers are related to the president’s role in enforcing domestic laws and overseeing executive functions.
Appointment power
President can appoint officers and high-level officials with consent of Senate.
Example sentence: The president nominates individuals for key government positions subject to Senate confirmation.
Removal power
President can remove high-level, purely executive officials without cause. President may be able to remove other executive officials for good cause based on statute (e.g., corruption, incompetence).
Additional information: The president’s removal power allows for the dismissal of certain executive branch officials.
Pardon power (plenary)
President may grant pardons before charge or after conviction to federal criminals.
Additional information: The pardon power is a unique authority of the president to grant clemency in criminal cases.
What is the veto power in relation to proposed legislation?
Proposed legislation becomes law unless wholly vetoed within 10 days of passing legislation.
Example sentence: The President vetoed the proposed legislation, preventing it from becoming law.
What is the line-item veto?
The line-item veto is unconstitutional. The President may only approve or reject a bill in its entirety.
What is the absolute privilege regarding national security secrets?
There is an absolute privilege to refuse to disclose national security secrets.
What is the hierarchy of laws in the United States?
U.S. Constitution > treaty / federal statute (last in time prevails) > executive agreement (foreign) / executive order > state constitution > state law
What is the Supremacy Clause?
The Constitution, federal laws, and treaties are the supreme law.
What is the Anti-Commandeering Doctrine?
Under case law, Congress (and likely executive orders) cannot make state legislatures pass a law or require state executive officials (e.g., police) to enforce federal law. Mere prohibitions are not commandeering.
What is the Dormant Commerce Clause?
States may not regulate interstate commerce in a way that is discriminatory or unduly burdensome. If a state law does discriminate on its face against out-of-state actors, it is invalid unless it serves an important noneconomic state interest with no reasonable nondiscriminatory alternatives.
