Constitutional Law Flashcards
Powers of Congress
- Commerce Powers
- Taxing and Spending Powers
- War, Defense, and Foreign affairs Powers
Where did Congress get its power?
good rule of thumb?
- commerce clause
can prevent racial discrimination under the commerce clause
Commerce Powers
broadest power
look for anything that is commercial or economic (selling food, renting houses etc)
Lopez= the exception- guns. you can’t regulate conduct - bringing guns/drugs to school
jurisdictional hook**
if Congress is trying to regulate conduct that is not economic/commercial… all Congress has to say is…
for any gun that may have traveled within interstate commerce
(u.s. v morrison)
taxing and spending
they can tax and spend for anything for the general welfare
** can regulate your spending* MBE
regulation through spending “set your Speed Limit to X, or we’ll take away your federal funding”
using spending power to regulate
10th Amendment
Congress can’t commandeer a state to act
War, Defense, and Foreign affairs Powers
Congress has power to declare war
Property Clause*
anytime there is federal land–> Congress can do whatever it wants with it.
question will say “public land” make sure they ACT. Congress can do w.e. it wants even if w/in another state
Defense, and Foreign affairs Powers
President signs treaties but with advice and consent of the senate
power to investigate
Congress can investigate to create laws
13th
may come up in a K MBE- you can’t make someone specifically perform
slavery amendment
can apply to race and housing similar to the commerce clause
14th Amendment Section 5
The enforcement clause:
Congress can prevent and remedy the states
14th Amendment Section 5
The enforcement clause:
Congress can prevent and remedy any discrimination that state law might have
Equal Protection Clause
does not apply against the federal government
14th Amendment
it’s a due process argument under the 5th A
15th
covers race and voting
Power of the President
- Chief Executive
Chief Executive
Youngstown Steel case
if P acts with congress consent–> he can do it
if congress says nothing about it –> P can act
if P acts against congress’s will –> will not be valid
Take Care Clause
Pres takes care that laws are properly executed
prosecutors can choose not to prosecute
Pardon Power
Pres can only pardon for federal crimes
murder is a state crime
federal crime is anything that touches state lines
Commander in Chief
acting with foreign powers or military –> probably can do it
Treaty and Foreign affair powers
Pres has right to enter into treaties with advice and consent of the senate and becomes fed law
Executive agreement v. executive order
Pres can order YOU what to do, can’t order another country what to do
Appointment and Removal of officials
right to appoint anyone in the cabinet
gotta do it with advice and consent of senate
senate can’t do it for him. (i.e can’t give him a list of three)
Congressional limits on the executive
only tested:
with legislative Vetos
non delegation doctrine
does get tested. and pretty broad powers
Congress often will delegate its authority to the executive branch valid as long as some kind of INTELLIGIBLE STD. (pretty broad- court’s differential)
immunities
anything President does while in office he is immune from
President not immune for anything that doesn’t relate to his presidential capacity
clinton v paula jones- can be sued civilly while in office
Speech/debate clause
anything they say while on the floor is immune
doesn’t apply to the states
judicial review think:
- where did government get power to enact Statute/ordinance/law
- where did that right come from
- are they applying it even handedly
state judiciary
has general J. power to hear anything
fed Judiciary can only hear cases as allowed by Congress or constitution
fed courts original Jurisdiction:
suits between two states
foreign ambassadors
Congressional power to define and limit
cant expand or limit actual J of SCOTUS powers
BUT can limit appellate J
11th a
almost never applies as a correct answer
only time: prevents fed court from hearing a case from a private person/entity against a state for money damages
judicial review
case or controversy rqmt**
prohibition on advisory opinion
standing
must suffer injury and court must be able to order a remedy
generally taxpayers have no standing
unless putting money toward establishment clause (religion)
ripeness
must be immediate harm
mootness
unless capable of repetition yet evading review
adequate and independent state grounds**
adequate- fully dispositive
con law one minute 16
