Federal

Question 1

Massachusettes v. EPA

Answer 1

[Judicial Standing]
Congress cannot eliminate the standing requirement, but it can create new interests, the injury of which may establish standing.
Harm must be concrete (even if widely shared)

Question 2

Ex Parte McCardle

Answer 2

[Judicial Appellate Jurisdiction]

Congress has some poet to limit the Supreme Court’s appellate jurisdiction.

Question 3

Marbury v. Madison

Answer 3

[Established judicial review]
Though not enumerated, the SC has the power to review acts of other oranges and declare them unconstitutional because (1) the Constitution is paramount law, and (2) the SC has the final say in interpreting the Constitution.

Question 4

Martin v. Hunter’s Lessee

Answer 4

[Judicial review]

Judicial review applies to decisions by the state’s highest courts.

Question 5

INS v. Chadha

Answer 5

[legislative veto of executive action]
It is unconstitutional for Congress to attempt a “legislative veto” of an executive action because it violates the requirement of bicameral passage and presentment.

Question 6

Free Enterprise Fund v. Public Company Accounting Oversight Board

Answer 6

[Presidential Removal Power]
Congress may not shield appointees from removal by imposing a multi-tiered system in which persons at each level may be removed from office only for good cause.

Question 7

United States v. Nixon

Answer 7

[Executive Privilege]

Presidential privilege survives an individual president’s tenure, but this privilege is not absolute.

Question 8

Clinton v. City of NY

Answer 8

[Line Item Veto]
The president may not exercise a “line item” veto, refusing part of a bill and approving the rest because it violates the Presentment Clause.

Question 9

Clinton v. Jones

Answer 9

[Executive Immunity]
The President has no immunity from a civil action based on conduct alleged to occur before the President took office, or unrelated to carrying out his job.

Question 10

Nixon v. Fitzgerald

Answer 10

[Executive Immunity]

The President may not be sued for civil damages with regard to acts performed as part of his official duties.

Question 11

Hans v. Lousiana

Answer 11

[Eleventh Amendment]

Extended to apply to citizens of a same state.

Question 12

Ex Parte Young

Answer 12

[Eleventh Amendment Exception]
A federal court may enjoin a state officer to refrain from future actions that violate federal law or to take prospective action to comply with constitutional mandates.

Question 13

Morrison v. Olson

Answer 13

[Executive Appointment of Independent Counsel]
A special prosecutor is an inferior officer. Therefore, under the Appointment Clause, Congress is free to vest the power to appoint a special prosecutor in the judiciary.

Question 14

Medellin v. Texas

Answer 14

[Treaties]
The Constitution is superior to a treaty, and any conflict is resolved in favor of the Constitution.
The President may not issue a “memorandum” ordering compliance with a non-self-executing treaty that has not been effectuated by Congress.

Question 15

McCulloch v. Maryland

Answer 15

[Necessary and Proper Clause]
Congress has the power to charter banks since that power is appropriate to executing Congress’s enumerated powers.
[State Taxation]
The federal government and its instrumentalities are immune form taxation by the states.

Question 16

Arizona v. United States

Answer 16

[Implied Preemption]
Even if state may make violation of federal law a crime in some instances, it cannot do so in a field, like alien registration, that has been occupied by federal law.

Question 17

Gibbons v. Ogden

Answer 17

[Commerce]

Commerce is defines as “every species of commercial intercourse . . . which concerns more states than one.”

Question 18

Wickard v. Filburn

Answer 18

[Commerce Aggregation]
Rational basis to conclude that if farmers, in the aggregate, grew wheat for themselves, it would have an impact on the interstate market.

Question 19

United States v. Lopez

Answer 19

[Non-economic activity]
Federal statute regulating possession of a firearm near a school was struck down because it did not substantially burden interstate commerce.

Question 20

Gonzales v. Raich

Answer 20

[Commerce Aggregation]

Prohibition on personal cultivation and use of medical marijuana upheld due to effect on overall interstate trade.

Question 21

National Federation of Independent Business v. Sebelius

Answer 21

[Commerce Inactivity]
Congress amy only regulate existing activity; it may not compel activity, even if failure to undertake the activity may affect interstate commerce.
[Taxing Power]
A tax is determined by its function to reasonably raise revenue, and not by its title (penalty)

Question 22

Maine v. Taylor

Answer 22

[Dormant Commerce - Discrimination Necessary to Important State Interest]
Prohibition against importation into the state of out-of-state baitfish upheld because of the environmental effect.

Question 23

United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority

Answer 23

[Dormant Commerce - Discrimination Traditional Government Function Exception]
May favor gov’t entities, though not private entities, when performing a traditional government function. (cf. C&A Carbone v. Town of Clarkson)

Question 24

South-Central Timber Development, Inc. v. Wunnicke

Answer 24

[Dormant - Congressionally permitted discrimination]
The fact that state policy appears to be consistent with federal policy or that the state policy furthers the goals the Congress had in mind is insufficient.

Question 25

U.S. Term Limits, Inc. v. Thorton

Answer 25

[Preemption - Absence of Federal and State Powers]
Some powers are denied to both Congress and the states (Qualifications clause cannot be altered by Congress or the states)

Question 26

Garcia v. SAMTA

Answer 26

[State Immunity]
Congress may regulate states if it is exercising one of its enumerated powers. Federal minimum wage enacted under commerce power can be applied to state employees.

Question 27

Reno v. Condon

Answer 27

[State Immunity]
Congress could prohibit the disclosure by state official of personal information obtained from driver’s license applications because such information constitutes and article of commerce.

Question 28

Printz v. United States

Answer 28

[Commandeering limitation]
Congress cannot commandeer state legislature by commanding them to enact specific legislation, and it may not circumvent that restriction by conscripting a state executive officer directly.

Question 29

South Dakota v. Dole

Answer 29

[Spending Power]
In areas where congress cannot directly regulate, it can use its spending power to accomplish regulation indirectly by conditioning federal funding.
[Commandeering]
Pressure did not amount to compulsion because only 5% of funds were on the line.

Question 30

Seminole Tribe v. Florida

Answer 30

[Eleventh Amendment Sovereign Immunity]

Congress does to have the power to abrogate state immunity under the Eleventh Amendment.