Constitutional Law 7-12 Flashcards
What does Ripeness refer to?
Whether a case is ready to be litigated.
A case is ripe for review when there is actual harm or an immediate threat of harm to the plaintiff.
Priority: Medium
What does Mootness refer to?
To instances when the dispute has ended or was resolved before review.
A court may hear a case that has ended/resolved when:
The wrong alleged is capable of being repeated and escaping review;
The defendant voluntarily stops an offending practice but can resume it any time; OR
In a class action.
Priority: Medium
Under the Commerce Clause, what may Congress regulate?
The channels of interstate commerce;
The people and instrumentalities that work and travel in interstate commerce; AND
Economic or commercial activities that have a substantial effect on interstate commerce.
Priority: Medium
When will federal regulations regarding intrastate activities be upheld?
If:
If there is a rational basis,
To conclude that the cumulative national impact of the activities;
Have a substantial effect ON interstatecommerce.
*Aggregation CANNOT be used when the activities regulated are NOT commercial or economic in nature.
Priority: Low
What Taxing and Spending Powers does Congress have?
They have the power to tax and spend for the general welfare. These powers are interpreted BROADLY and allows Congress to attach restrictions or conditions on federal funding in order to regulate areas they would otherwise not have the power to do so.
Priority: Low
Spending Power
What must be satisfied when Congress places conditions on States receiving federal funds?
The:
Spending must be for the general welfare;
Condition must be imposed unambiguously;
Condition must be related to federal interests in national projects or programs;
Condition cannot induce unconstitutional activities; AND
Condition cannot be so coercive to turn pressure into compulsion.
Priority: Low
