Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Con Law I > Final > Flashcards

Final Flashcards

You may prefer our related Brainscape-certified flashcards:
MPRE flashcards MBE flashcards Civil Procedure 1L flashcards
1
Q

Congress was created by

A

Article 1

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

The Presidency was created by

A

Article 2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The Federal Judiciary was created by

A

Article 3

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the facts to Marbury v. Madison?

A

Marbury was a last-minute judicial appointee of outgoing President Adams, whose commission was not delivered to him before Adams left office. Jefferson, the incoming President, declined to deliver the commission.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the rule to Marbury v. Madison? Why (2 reasons)?

A

The Supreme Court may declare laws or action enacted by Congress unconstitutional and invalid.

Why? 1) Constitution is a legally enforceable doc. allowing Supreme Ct. to review all laws and executive actions; and 2) Marshall wanted future recourse for states that act unconstitutionally.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the facts to McCulloch v. Maryland?

A

Maryland attempted to impose a tax on the federal bank. The bank’s cashier, McCulloch, refused to pay the tax. Maryland sued McCulloch, arguing that 1) the establishment of the bank is unconstitutional, and 2) the bank may be forced to pay state taxes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the rule to McCulloch v. Maryland?

A

Under the Necessary and Proper Clause (Art. 1, Sec. 8), Congress may enact legislation so long as its ends are legitimate under the Constitution and the legislation is appropriate and plainly adapted to those ends.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Doctrine of Implied Powers

A

Fed gov’t may exercise their power that is ancillary to one of the powers explicitly listed in the Constitution as long as there are no conflicts with prohibitions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Under the Necessary & Proper Clause, how strictly is “necessary” analyzed?

A

Not strictly at all. It does not mean “absolutely necessary,” anything that doesn’t conflict with specific prohibitions on the Constitution is OK. However, there are limits to what the Congress can do under this clause.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What case was ruled to be “improper” under the Necessary & Proper clause?

A

National Federation of Independent Business v. Sebelius (improper to mandate health insurance to be bought).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the 3 types of preemption?

A

1) Express
2) Implicit
3) Field

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is express preemption?

A

Federal law explicitly states that state laws do not apply.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the facts to Chamber of Commerce of the US vs. Whiting?

A

The Legal Arizona Workers Act allows superior courts to suspend or revoke business licenses of employers who knowingly or intentionally hire unauthorized aliens.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Why wasn’t there express preemption in the Chamber of Commerce of the US vs. Whiting?

A

Congress passed the Immigration Reform and Control Act of 1986, they expressly preempted the states’ power, but also created a “savings clause” which allowed states to “licensing and similar laws” to sanction anyone who employees unauthorized workers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is implied preemption?

A

Federal law and state law are in conflict, so default goes to Federal law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the facts to Arizona v. United States?

A

Arizona enacted a law criminalizing failure to comply with federal immigration laws, and the United States sued to enjoin enforcement of the law, claiming that federal immigration law preempted state laws on the same subject.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the rule to Arizona v. United States?

A

When Congress has occupies an entire field, complementary state regulation is impermissible, even if that state regulation parallels federal standards.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Which is the only state law from Arizona v. United States that was NOT preempted in the holding?

A

Section 2(B) “likely would survive preemption” if it is interpreted only to require state officers to conduct a status check “during the course of an authorized, lawful detention or after a detainee has been released.” Kennedy’s final words on the section: “This opinion does not foreclose other preemption and constitutional challenges to the law as interpreted and applied after it goes into effect.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is field preemption?

A

When the Supreme Ct. determines that the fed gov’t regulates so much in a particular field that there is no room for state law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the basic definition of the Commerce Clause?

A

Under Article 1, Section 8, Congress has the power to regulate commerce amongst several states, foreign nations, and Indian tribes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How was the Commerce Clause view prior to 1937?

A

Manufacturing, Agriculture, and Labor were not considered commerce. Intrastate activities could be regulated but only if it was direct and proximate. evil goods could also be banned.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

How was the Commerce Clause view post 1937?

A

Manufacturing, Agriculture, and Labor were considered commerce. Didn’t have to be direct and proximate so long as it had an effect on interstate commerce. Didn’t matter if it was intrinsically evil- could ban products moving across states.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What are the facts in Gibbons v. Ogden?

A

Ogden was granted an exclusive ferry operations license by New York State. Gibbons began a competing ferry service with a federal license and challenges Ogden’s exclusive NY license under the Commerce Clause.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the rule in Gibbons v. Ogden?

A

The federal commerce power extends to all commerce (including traffic and intercourse) among and between the states and foreign nations, with only commerce having connections solely within a single state being unreachable under the commerce power.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What does the Supremacy Clause state?

A

The Supremacy Clause dictates that federal law trumps state law (aka implicit preemption). Gibbons v. Ogden.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What are the facts in United States v. E.C. Knight Co.?

A

An american sugar refinery acquired several PA companies creating nearly complete control of the manufacture in the US. US charge this was a restraint in trade.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is the rule in United States v. E.C. Knight Co.?

A

Congress could not regulate manufacturing when it is a local concern. (thus limiting the Sherman Act as being unable to reach monopolies within states. It’s a state problem.)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What are the facts in Champion v. Ames?

A

Congress passed the Federal Lottery Act, which prohibited the interstate shipment of lottery tickets.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What is the rule in Champion v. Ames?

A

Regulating commerce implicitly allows prohibition. Congress is empowered to control any articles injurious to public health, morals, or welfare when it crosses state lines.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is a “jurisdictional hook?”

A

A method of analyzing the commerce movements associated with the business transaction(s) to bring a particular case within the scope of the Commerce Clause.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What cases discuss the jurisdictional hook application (attempted or successful)?

A

1) United States v. Lopez
2) United States v. Morrison
3) Gonzalez v. Raich

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What are the facts in United States v. Darby?

A

A Georgia lumber company violated federal minimum wage/maximum hour laws under FLSA. Its defense is that the federal government overreached its Commerce Clause authority in setting the standards.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What is the rule in United States v. Darby?

A

Congress has the authority under the Commerce Clause to exclude any article from interstate commerce if injurious to public health, morals, or welfare.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What is the overruled holding in Hammer v. Dagenhart?

A

Congress did not have the power under the Commerce Clause to prohibit child labor through a general ban on the shipment of fruits.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What are the facts to Wickard v. Filburn?

A

Wickard exceeded his allotted quota for wheat production, the excess amount to be used for his own consumption. He was fined by the government and seeks to have the quota ruled unconstitutional.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What is the rule to Wickard v. Filburn?

A

Congress’ commerce authority extends to all activities having a substantial effect on interstate commerce, including those that do not have such a substantial effect individually, but do when judged by their national aggregate effects.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What are the facts to Katzenback v. McClung?

A

The owners of a restaurant in Birmingham, Alabama continued to exclude black patrons from their restaurant dining area, in violation of the Civil Rights Act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

What is the rule from Katzenback v. McClung? Why?

A

Congress’ commerce authority extends to any public commercial establishment selling goods that have moved in interstate commerce and/or serving interstate travelers. 46% of food bought by the restaurant in the prior year came from out of state.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What are the facts in Heart of Atlanta Motel, Inc. v. United States?

A

An Atlanta, Georgia motel wishes to continue its racially discriminatory operations in spite of the 1964 Civil Rights Act barring racial discrimination in public accommodations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

What is the rule in Heart of Atlanta Motel, Inc. v. United States?

A

Congress has the power under the Commerce Clause to regulate local activities that could be reasonably be seen as exerting a substantial and harmful effect upon interstate commerce.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What are the rules to United States v. Lopez?

A

A 12th grade student was convicted of violating the Gun-Free School Zones Act of 1990, which makes it a federal offense to possess a gun near a school.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

What is the rule in United States v. Lopez?

A

Congressional authority to regulate pursuant to the Commerce Clause extends to only those activities that rationally implicate 1) the channels of interstate commerce; 2) the instrumentalities of interstate commerce; or 3) activities having a substantial effect upon interstate commerce.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

What are the facts to United States v. Morrison?

A

An alleged rape victim sought to sue her attackers under the federal Violence Against Women Act. The accused assets that VAWA is an unconstitutional exercise of congressional authority.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

What is the rule to United States v. Morrison?

A

Congress may not regulate a local activity under the Commerce Clause solely on the basis that it has substantial effects on interstate commerce when viewed in its nationwide aggregate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

What are the facts to National Federation of Independent Business v. Sebelius?

A

The National Federation of Independent Business brought suit against Sebelius, claiming that the mandate in the ACA that individuals purchase health insurance exceeded Congress’s power under the Constitution, and that the requirement that states expand their Medicaid programs or lose all federal funding was unconstitutional..

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

What is the Commerce Clause holding(s) under National Federation of Independent Business v. Sebelius?

A

1) Under the Commerce Clause, the Fed gov’t had the power to regulate, not create. The two are separate powers and creation is not implicit in the power to regulate. (i.e., the power to create and regulate money.)
2) Congress cannot require consumers to participate in the market.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

What are the facts to Gonzalez v. Raich?

A

Raich sought an injunction against enforcement of federal Controlled Substances Act, insofar as that law prohibited her use of marijuana for medical purposes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

What is the rule to Gonzalez v. Raich?

A

Congress may regulate intrastate activity if there is a rational basis for concluding that the activity may have a substantial effect on interstate commerce.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

What is the Spending Clause holding under National Federation of Independent Business v. Sebelius?

A

The legitimacy of the Spending Clause legislation depends on whether a state voluntarily and knowingly accepts the terms of such programs, and when Congress threatens to terminate other grants as a means of pressuring the states to accept a Spending Clause program, the legislation runs counter to this nation’s system of federalism. Here, the coercion was far too great with the requirement of expanding Medicare or losing the Medicare funding altogether.

50
Q

What are the elements to the Spending Clause test? (South Dakota v. Dole)

A

1) It must be used for the general welfare; 2) Any conditions on receipt of funds must be unambiguous; and 3) Any conditions must be related to the federal interest in the particular national projects or programs being funded.

51
Q

What are the facts to South Dakota v. Dole?

A

South Dakota challenges a federal law withholding 5% of federal highway funds from any state with a drinking-age limit less than 21 years of age.

52
Q

What is the holding in South Dakota v. Dole?

A

1) Cts. should defer substantially to Congress’s judgment”; 2) it is clear; 3) tied to safe interstate travel. Ct. has also recognized that in some circumstances the financial inducement is so coercive that pressure turns to compulsion. This is not the case here. – Compare to Sebelius.

53
Q

What are the facts to United States v. Butler?

A

Congress attempted to regulate the quantity of local agricultural production through use of the taxing and spending powers. The regulation is challenged as being outside of Congress’s powers.

54
Q

What is the rule in United States v. Butler?

A

Congress may not use the taxing or spending powers to force compliance in an area where the Constitution does not give congress independent power to regulate. Agriculture is a state’s responsibility.

55
Q

How should one reconcile United States v. Butler with modern application of Commerce Clause?

A

Butler stated that “Congress may spend for general welfare, tax for it, but not regulate” and that it was the states’ job to regulate their farmers. Since then Congress has found other methods to achieve the same goal, effectively weakening Butler without the court ever expressly overturning it.

56
Q

What is the Dormant Commerce Clause?

A

(aka negative commerce clause) - even if the Congress doesn’t explicitly preempt something with regulation, it may still be preempted if implicitly within the federal government’s interests with interstate commerce.

57
Q

What are the facts to Cooley v. Board of Wardens?

A

State law required ships to hire local pilots to guide them through Port of Philadelphia, or pay a fine.

58
Q

What is the rule Cooley v. Board of Wardens?

A

The Congressional power to regulate commerce is not exclusive of all state powers to regulate commerce. Here, Congress created a law to create uniformity between states, so they did not actually dictate what states themselves are to do.

59
Q

What are the facts to United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority?

A

A flow control ordinance was passed where all residents were required to use a garbage-transfer station that was owned by a public agency.

60
Q

What is the rule in United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority?

A

There is a distinction b/w public and private ownership, which makes a big difference. Unlike Carbone, majority concluded that the county’s ordinance did not discriminate against interstate commerce and didn’t violate dormant commerce clause.

61
Q

What is wrong with United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority?

A

As the dissent point out, this is the first time the court allowed the state to be favored when the market participant exception did not apply. Also other laws that favor the state but burden interstate commerce have been held unconstitutional, and this is no different.

62
Q

What is the Market Participation Doctrine?

A

when acting as a market participant instead of a regulator, may discriminate in interstate commerce.

63
Q

What are the facts to South-Central Timber Development, Inc. v. Wunnicke?

A

Alaska imposed a restriction on buyers of Alaska timber that required them to process the timber in Alaska before export.

64
Q

What is the rule in South-Central Timber Development, Inc. v. Wunnicke?

A

Although state-owned businesses may favor resident purchasers, they may not attach conditions to the sale of products that will burden interstate commerce.

65
Q

What are the 4 conditions that must be satisfied for a state activity to be immune from the fed’s commerce clause?

A

i) Federal statute at issue must regulate “state as states”
ii) Statute must address matters that are indisputably attributes of state sovereignty
iii) State compliance must ‘directly impair the states’ ability to structure integral operations in areas of traditional govt functions
iv) Cannot be that the nature of the federal interest justifies state submission.

66
Q

What is the holding to Nat’l League of Cities v. Usuries? [Overruled]

A

States are still recognized as independent entities. The gov’t can’t regulate state traditional functions. If states run something that competes with private affairs (i.e., state fairs) not traditional. Fire dept., police dept, are traditional.

67
Q

What are the facts to Garcia v. San Antonio Metropolitan Transit Authority?

A

Application of the FLSA to a city’s mass transit system fuels a revisitation of National League of Cities v. Usery.

68
Q

What is the rule in Garcia v. San Antonio Metropolitan Transit Authority?

A

Congress has full authority under the Commerce Clause to regulate the traditional core functions of state and local governments notwithstanding the 10th Amendment.

69
Q

What is the Commandeering Rule?

A

Congress does not have authority to compel states to enact, enforce, or administer federal regulatory programs, and cannot circumvent this prohibition by conscripting state officials directly. Abrogation is permitted where necessary to enforce the rights of citizens under the 14th amendment. (Printz v. United States)

70
Q

What are the facts to Printz v. United States?

A

The federal Brady Act required local law enforcement officials to temporarily administer its background check program. Two local law enforcement officers challenge the Brady Act’s impressment of local law enforcement officials.

71
Q

What amendment promises sovereign immunity to the states?

A

The 11th amendment

72
Q

What is the only area of the Constitution that Congress can affirmatively rely on as a basis for law taking away the states’ sovereign immunity?

A

Section 5 of the 14th amendment

73
Q

What are the facts to Seminole Tribe v. Florida?

A

Congress passed a law allowing states to be sued for failing to negotiate in good faith with Indian tribes regarding the formation of gaming compacts between those parties. The law is challenged as a violation of the 11th amendment’s sovereign immunity.

74
Q

What is the rule under Seminole Tribe v. Florida?

A

Congress may not authorize federal lawsuits against states in abrogation of the 11 amendment using Article 1, even if their intent was clear and unambiguous.

75
Q

What are the facts to Nevada Dept. of HR v. Hibbs?

A

Hibbs sued his government employer for wrongful discharge and violations of the FMLA when he was fired while caring for his injured wife.

76
Q

What is the rule under Nevada Dept. of HR v. Hibbs?

A

Congress must be clear of their intent in the language of the statute when abrogating the state’s 11th amendment sovereign immunity.

77
Q

Distinguish Seminole from Hibbs. Why did the ptfs fail in one case and not the other when both laws at issue had Congress’ express intent to take away state immunity?

A

The court focused on the constitutional basis for the laws passed by Congress in addition to intent. In Seminole, Congress used Article 1 as their foundation; In Hibbs, Congress used Section 5 of the 14th Amendment. The court affirmatively stated that Article 1 gave no power to Congress to enact a law taking away a state’s immunity, whereas in Section 5 of the 14th Amendment it did. As a result Congress has been careful to only use Section 5 of the 14th Amendment as their basis, rationalizing the situations under Equal Opportunity or Due Process.

78
Q

So what is the rule for Congress’ Section 5 Power?

A

1) Congress must be clear of their intent in the language of the statute when abrogating the state’s 11th amendment sovereign immunity;
2) Congress must provide a reason (i.e., Equal Opportunity) under Section 5 of the 14th amendment in compliance with the court’s following test:
2a) If on race/alienage, within strict scrutiny.
2b) If on sex/illegitimacy of birth, within intermediate scrutiny.
2c) If anything else, within rational scrutiny.

79
Q

What are the facts to City of Boerne v. Flores?

A

Flores, after the City of Boerne denied a permit to expand the church, is suing under the Religious Freedom Restoration Act.

80
Q

What is the rule in City of Boerne v. Flores?

A

Section 5 of the 14th Amendment gives Congress the power to enact laws as remedial measures and to prevent constitutional violations, but does not allow Congress to define the substantive scope of constitutional guarantees.

81
Q

What are the facts to Immigration and Naturalization Service v. Chadha?

A

Pursuant to a statute allowing for a one-house “veto” of administrative action, the House of Reps passed a resolution overriding the Attorney General’s decision to allow a deportable alien to remain in the United States.

82
Q

What was the holding in Immigration and Naturalization Service v. Chadha?

A

Legislative action is not legitimate unless there is bicameral approval and it is then presented to the President.

83
Q

What are the facts in Youngstown Sheet & Tube Co. v. Sawyer?

A

In order to prevent the (feared) interruption of supplies to troops in Korea, President Truman on the eve of a steelworker’s strike ordered the Secretary of Commerce to take possession of the nation’s largest steel mills and keep them operating.

84
Q

What is the rule in Youngstown Sheet & Tube Co. v. Sawyer?

A

The President of the United States does not have the inherent authority to order the involuntary surrender of private property to the government. Must seek approval from Congress.

85
Q

What are the facts to Ex Parte Milligan?

A

Milligan was sentenced to death by a military commission in Indiana during the Civil War. He had engaged in acts of disloyalty. He never got a trial by jury. He sought release by habeas corpus.

86
Q

What was the holding to Ex Parte Milligan?

A

Military does not have jurisdiction over Milligan – cts. open and able to hear cases.

87
Q

What are the facts to Ex Parte Quirin?

A

German petitioners were detained wearing civilian clothing with explosives and planned on retrieving secret info and were instructed to destroy facilities in US.

88
Q

What is the rule under Ex Parte Quirin?

A

During times of war, constitution says that President can wage and carry into effect all laws concerning the conduct of war.

89
Q

What are the facts to Hamdi v. Rumsfeld?

A

Hamdi was detained indefinitely as an enemy combatant for allegedly forming an alliance with the Taliban while in Afghanistan.

90
Q

What is the rule to Hamdi v. Rumsfeld?

A

A citizen-detainee seeking to challenge his classification as an enemy combatant must receive notice of the factual basis for his classification and a fair opportunity to rebut the government’s factual assertions before a neutral decision-maker.

91
Q

What are the facts to Boumediene v. Bush?

A

Boumediene petitioned for a writ of habeas corpus to challenge his detention.

92
Q

What is the rule under Boumediene v. Bush?

A

If the privilege of habeas corpus is to be denied, Congress must act in accordance with the requirements of the Suspension Clause.

93
Q

What is the Suspension Clause?

A

“The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” Congress must pass a bill suspending habeas corpus, which Lincoln violated during the Civil War and refused to budge on even after congress condemned the act and courts ruled that his act was unconstitutional.

94
Q

What are the facts to Myers v. United States?

A

Under the 1876 rule, the President had to get the Senate’s permission to remove the postmaster Portland Oregon. The individual had been appointed with the Senate’s advice and consent. President asked for resignation without consulting Senate first, and the Senate refused President’s permission to do so.

95
Q

What is the rule under Myers v. United States?

A

Power to remove executive officers is vested in the Executive branch alone.

96
Q

What are the facts to Humphrey’s Executor v. United States?

A

Congress created the FTC. Congress provides that Commissioners will be appointed for fixed terms by the President, and the President may remove prior to end of term for just cause. FDR contends that the statute improperly interferes with his constitutional right to remove a Commissioner without cause.

97
Q

What is the result to Humphrey’s Executor v. United States?

A

President lost. FTC is an independent body designed to act quasi-legislatively and quasi-judicially. It isn’t part of the executive branch. To perform its functions properly, it must be free from executive interference.

98
Q

What are the facts to United States v. Nixon?

A

Nixon refused to turn over tapes of his recorded conversations that had been subpoenaed to assist in the prosecution of individuals in the Watergate break-in.

99
Q

What was the holding under United States v. Nixon?

A

Conversations between the President and his advisors are generally privileged, but the privilege is not absolute.

100
Q

What are the facts to Clinton, President of the United States v. City of New York?

A

Clinton used his newly acquired Line Item Veto power to cancel two items of congressional spending, and the intended recipients sued.

101
Q

What did the court hold in Clinton, President of the United States v. City of New York? What have Presidents done since then to get around this limitation on their power?

A

The Line Item Veto Act is unconstitutional. Bush and Obama attempted to have their own versions of the act passed when in office, but both failed. Instead, they greatly expanded the use of “signing statements” to bills stating which provisions they will choose not to enforce.

102
Q

What are the facts to Morrison v. Olson?

A

An Independent Counsel was appointed by the Special Division of the DC Circuit Court of Appeals to investigate a high-ranking government official, and the official responded by claiming that the appointment of Independent Counsel was unconstitutional.

103
Q

What is the rule under Morrison v. Olson?

A

Since the Independent Counsel is an inferior officer, a law giving judges the authority to appoint an Independent Counsel did not violate the Constitution.

104
Q

What are the facts to United States v. Curtiss-Wright Export Corporation?

A

A weapons manufacturer was convicted of selling arms to warring nations in South America in violation of an Executive Order that was promulgated pursuant to a Joint Resolution of Congress.

105
Q

What is the rule to United States v. Curtiss-Wright Export Corporation?

A

The non-delegation doctrine does not bar Congress from delegating great authority and discretion to the President in the conduct of foreign affairs.

106
Q

What are the facts to Medellin v. Texas?

A

A Mexican national who had been convicted of murder and sentenced to death by a TX state court appealed on the ground that he had been denied notification of his right to seek assistance from his consulate as required by a treaty. Bush directed the state courts to honor the treaty and the International Court of Justice’s decision.

107
Q

What was the holding under Medellin v. Texas?

A

Bush exceeded his powers. Treaties involved are not self-executing, but rather required statutory implementation to have the force of law in the US.

108
Q

How would you determine standing?

A

Requirements of Standing:

1) The party is directly subject to an adverse effect (or could potentially) by the statute or action or question (“case”); or
2) There has to be an actual controversy (“controversy”); and
3) It does not interfere with a govt agency’s duties to regulate or enforce regulation (if they are not party to the action).

109
Q

What are the facts to Arizona Christian Schools v. Winn?

A

AZ was giving taxpayers a tax credit that they can use to contribute to a religious school to cover tuition.

110
Q

Why didn’t the taxpayers in Arizona Christian Schools v. Winn have standing?

A

In this case, the state gov’t awarded a tax credit to individuals that voluntarily donated to the school. Therefore, the ptfs had no support to show that they were significantly injured by this policy.

111
Q

What exception does Arizona Christian Schools v. Winn raise for taxpayers to have standing in federal courts?

A

The Flast exception. In Flast, the taxpayer whose dollars have been 1) extracted and spent shows he has in some small measure 2) been made to contribute to an establishment of religion in violation of conscience.

112
Q

What are the facts in Lujan v. Defenders of Wildlife?

A

When Congress passed a statute protecting endangered animals, it authorized any person to sue the administrative agency for violating it. When wildlife activists sued, the agency claimed that they lacked standing.

113
Q

What was the rule in Lujan v. Defenders of Wildlife?

A

Congressional statutes cannot confer standing to ptfs who suffered no “actual” “injury in fact.”

114
Q

What are the facts to Massachusetts v. Environmental Protection Agency?

A

Massachusetts petitioned to determine whether the EPA had the authority to refuse to regulate greenhouse gas emissions from cars, and the EPA claimed that Massachusetts lacked standing.

115
Q

What was the rule in Massachusetts v. Environmental Protection Agency?

A

When a party has been vested with a procedural right (i.e., states like MA are not normal litigants), that party has standing if there is some possibility that the requested relief will prompt the party causing injury to reconsider the decision that allegedly harmed the other party.

116
Q

What is the state of Massachusetts treated differently than the individual ptfs in Lujan?

A

MA surrendered some sovereignty when joining the union, and the state’s right to regulate motor vehicle emissions may be preempted due to the federal laws. Given that Congress gave the procedural right, and the state has a stake in protecting its quasi-sovereign interests and MA has standing.

117
Q

What are the facts in American Electric Power v. Connecticut?

A

Eight states, the City of New York, and three land trusts, separately sued the same electric power corporations that owned and operated fossil-fuel-fired power plants in twenty states. The plaintiffs sought to cap-and-abate the defendants’ GHG emissions under public nuisance law due to ongoing contributions to global warming.

118
Q

What is the rule under American Electric Power v. Connecticut?

A

A plaintiff does not have standing to enforce regulation when the responsibility falls squarely on a governmental agency. An alternative option is available. If the agency fails to regulate or enforce regulation, a petition for rulemaking can be made in federal court, similar to Massachusetts v. Environmental Protection Agency.

119
Q

What are the facts in Clarke v. Securities Industries Association?

A

Securities Industry Association (Respondent), representing securities brokers, underwriters and investment bankers, brought suit against the Comptroller of Currency in the United States District Court for the District of Columbia regarding his interpretation of Section:36(c) & (f) of the National Bank Act (Act). The Comptroller argued that Respondent lacked standing because it was not within the zone of interests protected by the Act.

120
Q

What is the rule under Clarke v. Securities Industries Association?

A

To establish standing, the complainant be “adversely affected or aggrieved” to establish an injury in fact, as well as within the zone of interests sought to be protected or regulated by the statute or constitutional guarantee in question.

121
Q

What are the facts in Hollingsworth v. Perry?

A

Prop 8 amended the CA constitution to provide that “only marriage between a man and woman is valid or recognized by CA.” A gay couple brought suit, and state officials declined to appeal.

122
Q

What was the rule in Hollingsworth v. Perry?

A

Petitioners don’t have standing b/c they are not state officials and don’t have the authority to appeal the case.

Con Law I (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions