Constitutional Law Flashcards
Studying
What are the five justiciability doctrines?
Standing, ripeness, mootness, political question doctrine, and prohibition on advisory opinions.
What are the three constitutional requirements for standing?
Injury in fact, causation, and redressability
What is the political question doctrine and when does it apply?
The Court won’t decide cases involving constitutional issues delegated to other branches (e.g., foreign affairs, impeachment)
How does the Necessary and Proper Clause expand congressional power?
It allows Congress to enact laws that are rationally related to carrying out its enumerated powers.
What are the three categories Congress can regulate under the Commerce Clause? (modern)
Channels of commerce, instrumentalities of commerce, and activities that substantially affect interstate commerce.
What did US v. Lopez and US v Morrison establish?
Congress cannot regulate non-economic activity under the Commerce Clause (e.g., gun possession in schools, gender-motivated violence).
What are the limits on Congress’s use of the Spending Power?
Congress can condition federal funds if the conditions are clear, related to the purpose, and not coercive (South Dakota v. Dole).
What does the 10th Amendment prohibit Congress from doing?
Congress cannot commandeer states to enforce federal laws (New York v. United States, Printz v. United States).
What does the Dormant Commerce Clause prohibit states from doing?
States cannot pass laws that unduly burden or discriminate against interstate commerce.
When can states discriminate against interstate commerce?
Congress approves the law or the state is acting as a market participant.
What rights does the Privileges and Immunities Clause protect?
States cannot discriminate against out-of-state residents regarding fundamental rights (e.g., employment, property ownership).
What is the key difference between the Dormant Commerce Clause and Privileges & Immunities Clause?
The DCC applies to businesses & individuals, while the P&I Clause applies only to citizens and fundamental rights.
What are the 5 key methods of interpretation we focused on in class? Are there any others?
Textualism, history, tradition, structure, and precedent. Pragmatism is also useful.
What do we learn from Martin v. Hunter’s Lessee?
State judges are bound to follow the Constitution and the SC has authority to exercise appellate review of state-court decisions. This also ensures uniformity of decisions throughout the US.
What do we learn from Cooper v. Aaron?
State officials are bound by federal court orders based on the SC’s interpretation of the Constitution. per Article VI–the Constitution is the “supreme Law of the Land.” Marbury ensures the SC has final authority for interpreting the Constitution.
What is the six-factor test from Baker v Carr for determining whether a case presents a political question?
- a textually demonstrable constitutional commitment of that issue to another political branch;
- a lack of judicially disocverable and manageable standards for resolving the issue;
- an impossibility of deciding the issue without making an initial policy determination of a kind not suitable for judicial discretion;
- A lack of respect for the other branches of government in undertaking independent resolution of the case;
- An unusual need for unquestioning adherence to a political decision already made; or
- the potential for embarassment for differing pronouncements of the issue by diff branches of gov.
What do we learn from McCulloch v. Maryland?
Congress has the power to establish a bank. This stems from the Constitution granting Congress the general power to tax and spend for the general welfare, as well as the Necessary and Proper Clause. The nature of a constitution is that it has to be broad, open ended, and aspirational. “we must never forget that it is a constitution we are expounding.”
What were the main problems with the Articles of Confederation?
No power to raise revenue, weak national government, limited Congressional authority, and competition among states.
What did Federalist 45 argue about federal vs. state power?
Federal powers are few and defined, focused on defense and commerce; state powers are numerous and indefinite, covering everyday life.
What are the five main methods of constitutional interpretation?
Text, history, tradition, structure, and precedent. Pragmatism is also used.
What are the standing requirements from Lujan v. Defenders of Wildlife?
Injury-in-fact, causation, and redressability.
What is the significance of Martin v. Hunter’s Lessee?
SCOTUS has appellate jurisdiction over state courts on federal issues.
What is the Commerce Clause?
Congress can regulate commerce among the states, foreign nations, and Indian tribes (Art. I, Sec. 8, Cl. 3).
What is the “effects doctrine” from U.S. v. Darby?
Congress can regulate intrastate activities that affect interstate commerce.
