Federal Gov Powers Flashcards
Advisory Opinions
Decisions that lack an actual dispute between adverse parties or that would not have any legally binding effect on the parties.
Ripeness
A plaintiff can establish ripeness before a law or policy is enforced by showing that the issues are fit for a judicial decision and that the plaintiff would suffer substantial hardship in the absence of review. An issue is not fit for review if it relies on uncertain or future events that might not occur.
Mootness
The plaintiff must be suffering from an ongoing injury, otherwise the case will be dismissed as moot.
Exceptions:
-capable of repetition yet evading review
-voluntary cessation where the defendant is free to resume the action
-class actions where the claim of at least one class member is still viable
Standing
Standing requires the plaintiff to show injury in fact, causation and redressability.
Injury in Fact
An injury in fact requires an injury to be particularized (one that affects the plaintiff in a personal and individual way), concrete (one that actually exists; not hypothetical), and to have already occurred or be imminent.
Causation & Redressability
There must be a causal connection between the injury and the conduct complained of, and a decision in the plaintiff’s favor must be capable of eliminating their harm.
Organizational Standing
An organization can sue on behalf of its members if there is an injury in fact to its members, the members’ injury is related to the organization’s purpose, and individual member participation is not required.
Eleventh Amendment
The doctrine of sovereign immunity reflected in the 11th Amendment bars a private party’s suit against a state in federal and state courts, unless the state consents to the suit via express or structural waiver or Congress has unmistakably abrogated the immunity under the 14th Amendment.
AISG
SCOTUS will not hear a case if a state court judgment is based on adequate and independent state law grounds - i.e., if reversal of the federal law ground will not change the outcome.
-Adequate = the state law grounds are fully dispositive
-Independent = the decision was not based on federal law
Political Questions
A political question is an issue that is constitutionally committed to another branch or is inherently incapable of judicial resolution.
Congress’s Enumerated Powers
Taxing
Spending
Commerce
War - declare, raise and support army/navy
Patents/copyrights
Postal/roads
Coin money
Citizenship/bankruptcy
General welfare over DC and federal lands
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Anything necessary and proper (rational) to carry out any of these powers
Taxing Power
Taxing can be done for any public purpose not otherwise prohibited. Federal taxes generally valid if they bear a reasonable relationship to revenue production or promoting general welfare. Taxes are impermissible if they seek to compel rather than influence behavior.
Spending Power
Spending can be done for any public purpose not otherwise prohibited. Congress can impose conditions on the grant of money to state or local governments if those conditions are clearly stated, relate to the purpose of the program, are not unduly coercive, and do not otherwise violate the Constitution.
Commerce Power
Congress can regulate all foreign and interstate commerce, as well as commerce with Indian tribes. To be within this power, a law must either regulate the channels of interstate commerce, the instrumentalities of interstate commerce, or regulate activities that have a substantial effect on interstate commerce.
Intrastate Activity
Congress can regulate purely local economic/commercial activities as long as there is a rational basis on which Congress could conclude that the activity in the aggregate substantially affects interstate commerce.
Delegation
Congress can delegate rulemaking or regulatory power to the executive or judicial branches as long as intelligible standards are set and the power isn’t something uniquely confined to congress.
Major Questions Doctrine
If an agency claims to be exercising broad power to adopt regulations that have extraordinary economic and political significance, the court will look at whether the agency has historically asserted such power and whether there is clear congressional authorization for that claimed power.
Vetos
Congress cannot give the President a line item veto power. President has 10 days to veto, otherwise bill automatically vetoed if Congress isn’t in session or automatically becomes law if Congress is in session.
Congress cannot give itself a legislative veto (the authority to amend or repeal an existing law without bicameralism and presentment).
Presidential Powers
Appoint high level officers with senate approval
Pardon federal offenses
Veto bills
Act militarily in foreign nations
Represent the US in foreign relations
Enter treaties with 2/3 senate approval
Sign executive agreements with foreign. nations
Hierarchy of Laws
US Const
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Treaties and fed law (in a conflict, last in time prevails)
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Exec agreements
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State law
