Constitutional Law Flashcards
[CON LAW] • 2 • Legislative Powers • Commerce Clause •
The commerce clause grants the federal government authority to regulate commerce between the States (interstate commerce), and with foreign nations and Indian tribes. With regard to interstate commerce , the federal government may regulate the channels (i.e. highways) and instrumentalities (i.e. cars) of interstate commerce, AND activities that have a substantial effect on interstate commerce.
[CON LAW] • 1 • Legislative Powers • Commerce Clause • Intrastate Activity
Regulations regarding intrastate activities will be upheld if there is a rational basis to conclude that the cumulative impact of the activities have a substantial effect on interstate commerce. Where the activities are NOT commercial or economic in nature, the substantial effect cannot be based on cumulative impact.
[CON LAW] • 2 • Legislative Powers • Dormant Commerce Clause •
State and local laws are unconstitutional if they place an undue burden on interstate commerce. An undue burden exists when the law discriminates against out-of-state residents, UNLESS the burden on interstate commerce is necessary to achieve an important state objective. There is no undue burden if (1) the law was approved by congress ; OR (2) the state or local government is a market participant (a state may favor its own citizens regarding state programs and state businesses). An undue burden also exists when the burden on interstate commerce outweighs the benefits to the state government, even if the law does not discriminate against out-of-state residents.
[CON LAW] • 1 • Legislative Powers • Tax and Spending Powers •
Congress has the power to tax and spend for the general welfare. This power is interpreted broadly and allows congress to attach restrictions and conditions on federal funding in order to regulate areas it would otherwise have no power to regulate.
[CON LAW] • 1 • Legislative Powers • Congressional Delegation of Powers •
Congress may delegate legislative powers so long as the powers are delegable under the constitution AND Congress provides reasonably intelligible standards to guide the delegation. Congress cannot delegate executive or judicial powers to itself or its officers.
[CON LAW] • 1 • Executive Powers • Domestic Powers •
The President has the power to (1) execute the law ; (2) appoint officers of the US (with Senate advice and consent) and inferior officers; (3) remove cabinet level agencies (without cause) and independent regulatory agencies (without cause, though congress may require good cause); (4) pardon federal crimes (except for crimes that lead to impeachment by the House); AND (5) as commander in chief, the power to control troops.
[CON LAW] • 1 • Executive Powers • Foreign Powers •
The President shares treaty powers with Congress. Treaties must be negotiated by the President, and ratified by the Senate. However, the President alone may enter into executive agreements and may control and deploy troops in foreign countries.
[CON LAW] • 9 • Justiciability • Standing •
A plaintiff must have standing to sue in federal court. Standing exists when the plaintiff (1) personally suffered an injury in fact (the plaintiff has been injured or injury is imminent); (2) the injury was caused by the defendant (a reasonable connection is sufficient); AND (3) the injury is redressable by a court order. To receive injunctive or declaratory relief, the plaintiff must show a likelihood of future harm.
[CON LAW] • 1 • Justiciability • Standing • Third Party and Organizational Standing
Generally, third party standing is not permitted. However, exceptions are made when (1) there is a close relationship between the plaintiff and the third party (i.e. doctor/patient); (2) it would be difficult or unlikely for the third party to assert their rights on their own; OR (3) the third party is an organization. An organization has standing to sue on behalf of its members if (a) the suit is related to an issue that is germane to the organizations purpose; (b) the organizations members would have standing to sue; AND (c) the organizations members participation is not necessary.
[CON LAW] • 2 • Justiciability • State Action •
When alleging a constitutional violation, a plaintiff MUST show that the violation is attributable to government action. Generally, private conduct is not protected by the U.S. Constitution.
[CON LAW] • 2 • Justiciability • Case or Controversy • Ripeness and Mootness
Federal courts may only interpret the law in a real case or controversy. Courts cannot give advisory opinions or address hypothetical disputes.
Ripeness refers to whether the case is ready to be litigated. Courts may grant pre-enforcement review of a statute or law after considering the hardship of no review AND the fitness of the record for review.
Mootness refers to instances where the dispute in the case has ended or was resolved before review. However , a court may a case that has ended or was resolved where: (a) the wrong at issue is capable of being repeated and escaping review ; (b) the defendant voluntarily stops the action at issue, but can resume it at any time ; OR (c) in class action cases, where at least one member of the class has an ongoing injury.
[CON LAW] • 3 • Justiciability • Vague and Overbroad Statutes •
A statute is unduly vague , and therefore unconstitutional, if it does not put the public on reasonable notice as to what is prohibited. A statute is overbroad , and therefore unconstitutional, if it regulates more speech than is constitutionally permitted.
[CON LAW] • 2 • Incorporation Doctrine • •
The Bill of Rights was initially applicable only to the federal government, however under the incorporation doctrine, most of the provisions are now also applicable to the States. The only amendments that have not been incorporated are the 3 rd Amendment (freedom from quartering soldiers), 5 th Amendment (right to indictment by a grand jury), 7 th Amendment (right to a jury trial in civil cases), and 8 th Amendment (protection against excessive fines). The Fourteenth Amendment (equal protection) is incorporated into the Fifth Amendment making it also applicable to the federal government.
[CON LAW] • 2 • Commandeering States to Enforce Fedearl Law (Tenth Amendment) • •
All powers not granted to the Federal government are reserved to the States (unless such powers are expressly prohibited to the States). Congress cannot compel state governments to implement legislation, but Congress may induce state government action by attaching restrictions and conditions on federal funding grants (see Congress Tax and Spend Powers).
[CON LAW] • 3 • Prohibition Against Suing States (Eleventh Amendment) • •
The Eleventh Amendment prohibits citizens from suing their own state or another state in federal court UNLESS (a) the state explicitly waived its Eleventh Amendment protections; (b) the suit pertains to federal laws adopted under 5 of the Fourteenth Amendment ; OR (c) the suit seeks only injunctive relief. The Eleventh Amendment does not apply to local governments.
