Federal Power

Question 1

Cases and controversies that Fed Court can review

Answer 1

1) Arising under U.S. Const, Fed Laws and Treaties (Fed Q)
2) Admiralty and Maritime
3) U.S is a party
4) B/w 2 or more states
5) b/w state & citizen of other state
6) b/w citizens of ≠ States (diversity)
7) b/w State and Foreign States or citizens

Question 2

Case and Controversies requirements

Answer 2

1) Standing (injury, causation, redress)
2) Ripeness
3) Mootness

Question 3

Political Question are:

Answer 3

Lawsuits to review:

1) Republican form of government
2) Presidential Foreign Policy
3) Impeach & Removal procedures
4) Congressional standing

Question 4

Not a Political Question:

Answer 4

1) Legislative apportionment (1 person =1 vote)
2) Gerrymandering
3) Presidential papers & communications (for criminal procedure)

Question 5

Supreme Court Jurisdiction

Answer 5

1) Original & Exclusive
- Actions b/w States
- Actions involving ambassadors
2) Appellate
- Discretionary (writ of certiorari)
- Mandatory (direct appeal - injunctive relief)

Question 6

11th Amend Limit on Fed Court Jurisdiction

Answer 6

Suits against States from private citizen or Foreign country
Except: - Express waiver
                - Violation of Fed Law
                   by State oficial
                - Local Gov and Municip
                - For monetary 
                   damages against 
                   State officials (if
                   money paid by official
                   own pocket)
                - Bankruptcy

Question 7

Standards of Review

Answer 7

1. Rational Basis
     (rationally related to a 
       legitimate gov. interest)
2. Intermediate Scrutiny
     (Substantially related to
      important gov interest)
3. Strict Scrutiny
     (Necessary to achieve
      compelling gov interest)

Question 8

Power of Legislative Branch

Answer 8

1. Enumerated powers
2. Implied powers (Necessary
   & Proper to carry out
   enumerated powers)

Question 9

Enumerated powers

Answer 9

1. Taxing & Spending
2. Commerce Clause
3. Impeachment & Removal
4. War powers
5. Fed Property Powers
6. Power over Citizenship
7. Regulate elections (against
   discrimination)
8. Speech or debate clause
9. Control of Fed Court
   Jurisdiction (SCOTUS appell)
10. Borrow & Print money
11. Postal, Admiralty,
    Bankruptcy & Copyright
    and Patents

Question 10

What can Commerce Clause regulate?

Answer 10

1. Channels of  interstate 
     commerce
2. Instrumentalities
     of interstate commerce
3. Activities that have 
     Substantial effect on  
     interstate commerce
* Can't regulate 
    non-commercial activities

Question 11

Limitations of Congressional Power

Answer 11

1) 10th Amendment - Powers 
      not enumerated are for the 
      States
      * No Federal Police power
2) Section 5 of 14th 
     Amendment - Can enforce 
     but not determine

Question 12

When a case is Federal Question?

Answer 12

If it arises under:

• U.S. Constitution
• Federal Statute
• Treaties
• Almiralty
• Copyright & Patents
• Bankruptcy

Question 13

When 6-person jury is used, must the vote be UNANIMOUS?

Answer 13

Yes

Question 14

Can Bill of Attainer be committed by States?

Answer 14

YES

Question 15

When is SCOTUS NOT permitted to review a State Supreme court Judgement?

Answer 15

When the judgment is based solely on State Law

Question 16

When is the Taking Clause applied?

Answer 16

When government:
- Deprives an owner of its Real 
   Property (or)
- Eliminates ALL economical 
   use of the property

Question 17

Can States grant broader rights under their Constitution?

Answer 17

YES