Constitutional power Flashcards
What is the 11th amendment?
prohibits a party from suing a state or state agency in federal court unless
- The state explicitly consents to waive protection, or
- The lawsuit pertains to federal laws adopted under section 5 of the 14th amendment, or
- The lawsuit seeks only injunctive relief against a state official, or
- The lawsuit seeks money damages from a state official
What is another name for the 11th amendment?
The state sovereign immunity clause
What does the 11th amendment not apply to?
Local governments, federal lawsuits by a state against another state, or a lawsuit by the federal government against a state.
What can congress do under the commerce clause?
Regulate
- channels of interstate commerce (this includes phone lines and highways)
- People and instrumentalities of interstate commerce (cars, airplanes, pilots)
- Economic commercial activity that has a substantial effect on interstate commerce
When is federal regulation regarding interstate commerce upheld
When there is a rational basis to conclude that the cumulative impact (aggregation) has a substantial effect on interstate commerce.
When can aggregation effect reasoning for interstate commerce not be used?
When the activity is not commercial/economic in nature
What amendments does congress have the power to enforce?
The 13th Amendment - abolition of slavery
The 14th Amendment - The privileges and immunities, due process, equal protection, appointment of representatives
The 15th Amendment - The right to vote can not be denied because of race
What behavior is congress allowed to prohibit?
Behavior that is likely to involve a constitutional violation
Moreover, congress can not define constitutional rights or change substantive law
What is congress’ power to spend?
Congress may spend for the common defense and general welfare
