Factors

Question 1

Political Question - Baker Factors

Answer 1

The Supreme Court held that the constitutionality of legislative appointment schemes was not a political question and therefore was justiciable (i.e., the Court could hear the case and decide on the merits).

The Court delineated a series of factors, at least one of which must be present, in order for the case to be a non-justiciable political question:

(a) commitment of the issue to a branch of government other than the judiciary;
(b) lack of standards for resolving the issue;
(c) impossibility of the judiciary to resolve the issue without first making a policy determination;
(d) a judicial decision of that matter as a lack of respect for other branches of government;
(e) a political decision has already been made; or
(f) the potential for multiple pronouncements by various branches on one question

Question 2

Spending Power - Dole Factors

Answer 2

Spending condition attached to a grant is justified if… (Dole factors)

(1) Exercise of spending power must be for gen. welfare
(2) Condition must be unambiguous
(3) Condition must be rationally related to federal spending program
(4) Condition cannot violate other constitutional provisions
(5) Cannot be so coercive as to compel state to accept

Question 3

Necessary and Proper - Comstock Factors

Answer 3

(1) Long history of fed. commitment statutes
(2) Law is a modest addition to body of existing civil commitment statutes
(3) Gov has an interest in protecting public from dangers posed by inmates and its reasonable for Congress to conclude that inmates suffering from mental illness that causes them to have difficulty refraining sexually violent conduct
(4) Statute accommodates states interest  does not force unwilling states to accept federally certified inmates for civil commitment
(5) Link between law and enumerated art. 1 power not too attenuated