Federal Flashcards
Massachusettes v. EPA
[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)
Ex Parte McCardle
[Judicial Appellate Jurisdiction]
Congress has some poet to limit the Supreme Court’s appellate jurisdiction.
Marbury v. Madison
[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.
Martin v. Hunter’s Lessee
[Judicial review]
Judicial review applies to decisions by the state’s highest courts.
INS v. Chadha
[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.
Free Enterprise Fund v. Public Company Accounting Oversight Board
[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.
United States v. Nixon
[Executive Privilege]
Presidential privilege survives an individual president’s tenure, but this privilege is not absolute.
Clinton v. City of NY
[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.
Clinton v. Jones
[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.
Nixon v. Fitzgerald
[Executive Immunity]
The President may not be sued for civil damages with regard to acts performed as part of his official duties.
Hans v. Lousiana
[Eleventh Amendment]
Extended to apply to citizens of a same state.
Ex Parte Young
[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.
Morrison v. Olson
[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.
Medellin v. Texas
[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.
McCulloch v. Maryland
[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.
Arizona v. United States
[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.
Gibbons v. Ogden
[Commerce]
Commerce is defines as “every species of commercial intercourse . . . which concerns more states than one.”
Wickard v. Filburn
[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.
United States v. Lopez
[Non-economic activity]
Federal statute regulating possession of a firearm near a school was struck down because it did not substantially burden interstate commerce.
Gonzales v. Raich
[Commerce Aggregation]
Prohibition on personal cultivation and use of medical marijuana upheld due to effect on overall interstate trade.
National Federation of Independent Business v. Sebelius
[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)
Maine v. Taylor
[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.
United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority
[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)
South-Central Timber Development, Inc. v. Wunnicke
[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.
