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Final Flashcards

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1
Q

Marbury v. Madison

A

Where the Constitution, as interpreted by the Supreme Court, conflicts w/ the laws or actions of other branches of gov’t, the Supreme Court can declare such law/actions unconstitutional and invalid

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2
Q

Standing - Constitutional Requirements

A
  1. ) Injury in fact - concrete + particularized, actual + imminent
  2. ) Causation
  3. ) Redressibility
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3
Q

Standing - Prudential Requirements

A
  1. ) Not a 3rd party - UNLESS
    - -substantial obstacles, effective advocate
    - -close relationship
    - -Overbreadth doctrine
  2. ) No TP/citizen suits
  3. ) Not outside the zone of interest
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4
Q

Ripeness

A

A federal ct will not hear a case unless the π has been harmed or there is an immediate threat of harm

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5
Q

Ripeness - Declaratory Judgment Act

A

Allowed even though no case/controversy yet IF:
-Hardship to parties (π must either forego action he contends is lawful or risk likely prosecution)
AND
-Legal issues fit for judicial review (not fact intensive)

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6
Q

Mootness

A

Case has to remain live through every stage of litigation UNLESS

  • collateral injuries
  • wrongs capable of repetition yet evading review
  • Voluntary cessation
  • Class actions
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7
Q

Subject Matter Jx

A
  • SCOTUS has appellate jx with such exceptions as congress shall make
  • Inferior cts as congress may ordain and establish
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8
Q

Political Question Doctrine

A

A case constitutes a non-justicable political question if it involves:

  1. ) the electoral process
  2. ) foreign affairs
  3. ) congress’ regulation of internal processes
  4. ) ratifying const. amendments
  5. ) instances where the ct cannot shape equitable relief
  6. ) impeachment
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9
Q

Non-Delegation Doctrine

A
  • Congress may not delegate its law-making power to administrative agencies or the President
  • Not violated as long as delegation contains an intelligible principle
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10
Q

Justice Jackson Categories

A
  1. ) Maximum - where Pres acts pursuant to an express or implied authorization of Congress
  2. ) Twilight Zone - where Pres acts in absence of either a Congressional grant or denial of authority, using only his own independent powers
  3. ) Lowest Ebb - where Pres takes measures inconsistent with the express or implied will of Congress
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11
Q

Appointments Clause

A
  • Principal officers are selected by Pres w/ the advice and consent of the Senate
  • Inferior officers may be appointed by Pres, heads of departments, or the judiciary, if permitted by Congress
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12
Q

Principal v. Inferior Officers

A
  1. ) Amount of independence/source of supervision
  2. ) Nature of duties (esp. policy-making functions)
  3. ) Jurisdiction and tenure of position
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13
Q

Removal

A

Whether the Pres has power to remove depends on the character of the office (purely executive or nah?)

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14
Q

Executive Priviliege

A
  • Absolute immunity for Pres acting within the outer bounds of his authority
  • Qualified immunity from monetary damages for lower officers unless the conduct was “clearly established” as violating a statutory or constitutional right
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15
Q

Chevron Deference

A
  1. ) If statute is unambiguous, follow it

2. ) If statute is ambiguous, defer to agency construction/interpretation as long as it’s reasonable

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16
Q

Curtis-Wright

A

In the conduct of foreign affairs, Pres has sovereign authority (subject only to specific limitations)

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17
Q

Medellin v. Texas

A
  • Non-self-executing treaties need Congressional approval to have effect domestically
  • Once treaty is ratified, it becomes part of the supreme law of the land
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18
Q

War Powers Act

A
  • Joint Resolution requires Pres to report to Congress within 48 hours of introduction of troops into hostilities
  • Must withdraw after 60 days unless Congress affirmatively approves the continued use of force
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19
Q

Terrorism Cases

A
  • Enemy combatants must be allowed to invoke habeas corpus even in extraordinary times
  • Pres has authority in times of war to issue exec orders providing for trial of unlawful combatants before a military tribunal
20
Q

McCollough v. Maryland

A
  • Cong has authority to enact laws that are useful or conductive to their exercise of power
  • Means chosen must be reasonably adapted to the attainment of a legitimate end (enumerated power)
21
Q

Field Preemption

A

Where Congress has so comprehensively regulated a field that their intent makes clear there’s nothing left for states to do

22
Q

Conflict - Impossibility Preemption

A

Where a federal and state law are mutually exclusive such that a conflict is created whereby a person cannot comply with both

23
Q

Conflict - Obstacle Preemption

A

Where state law stands as an obstacle to the accomplishment of the full purposes and objectives of Congress

24
Q

U.S. v. Lopez

A

Regulatable Categories of Activity:

  1. ) Channels of interstate commerce
  2. ) Instrumentalities of, or people/things in, interstate commerce
  3. ) Activities that substantially affect interstate commerce
    - -economic activity
    - -jx element
    - -legislative history
    - -how attenuated is link to interstate commerce?
25
Q

Wickard v. Fillburn

A

AGGREGATION PRINCIPLE: Congress may regulate minor effects on interstate commerce if they would have substantial affect in the aggregate

26
Q

Gonzales v. Raich

A

Congress may regulate aspects on an activity that are not interstate in character if failure to do so would undercut the regulation of the interstate market for that commodity

27
Q

Market Participant Doctrine

A

A state may favor its own citizens if acting as a participant, rather than a regulator, in the market

28
Q

Pike Balancing

A

If a state law regulates even-handedly to effectuate a legitimate local purpose and its effects on interstate commerce are only incidental, it will be upheld UNLESS the burden imposes on such commerce is clearly excessive in relation to the putative local benefits

29
Q

Per Se Invalid Test

A

If a state law is facially discriminatory against interstate commerce, the law is per se invalid under the dormant commerce clause

30
Q

Printz v. U.S.

A

Under the 10th A, Congress may not compel states to enact, enforce, or administer federal regulatory programs

31
Q

Spending Power

A
  1. ) Spending must be for the general welfare
  2. ) Conditions must be unambiguous
  3. ) Condition must be related to federal interest in a particular national program
  4. ) No independent constitutional bar
  5. ) Not so much $$ that it’s coercive
32
Q

State Sovereign Immunity

A
  • Cong CANNOT abrogate under Art I powers (except bankruptcy)
  • Cong CAN abroage pursuant to 14th A, §5
  • Cong can make waiver a condition on receipt of federal funds, but waivers are narrowly interpreted
33
Q

RFRA

A
  • If a generally applicable law creates a substantial burden on religion, strict scrutiny applies
  • After City of Boerne v. Flores, unconstitutional as applied to states
34
Q

Contracts Clause

A

A gov’t interference with a private K will be struck down if it is a substantial impairment of the K and the law doesn’t serve a legitimate public purpose

35
Q

Reserved Police Powers Limitation

A

Legislature can’t bargain away the police powers of the state - one of the terms of the K must always be that it is subject to the sovereign police power of the state

36
Q

Test for whether state action that clearly impairs an obligation does NOT violate the Contracts Clause

A
  1. ) Emergency
  2. ) Legitimate end
  3. ) Relief appropriate to emergency
  4. ) Conditions do not appear unreasonable
  5. ) Temporary legislation
37
Q

State Action

A
  • State cts enforcing a substantive common law rule
  • Symbiotic relationship
  • Private company is assuming a gov’t role
38
Q

Goldberg v. Kelly

A

Hearing must occur BEFORE termination of welfare benefits b/c people can’t live without those while they wait for a hearing

39
Q

Mathews v. Eldridge

A

Pre-termination hearing not required for social security benefits

FACTORS:

  • public interest
  • risk of erroneous deprivation
  • probative value of additional or substitute procedural safeguards
  • Gov’t interest
40
Q

Forum Analysis

A 
Non-Public = reasonable test
Public
-Traditional = strict scrutiny
-Designated
--Unlimited = strict scrutiny
--Limited = content restrictions okay
41
Q

Privileges AND Immunities

A

Art IV

  • Limits state’s ability to discriminate against out-of-state people regarding fundamental rights
  • No corporations, no market participant, no recreational activities
  • Congress can’t override
42
Q

Privileges OR Immunities

A

14th A

-Slaughter-House says only things by virtue of US (not state) citizenship

43
Q

Substantive Due Process

A
  • Ct will assess econ regulations under rational basis

- BUT strict scrutiny for fundamental rights or discrete and insular minorites

44
Q

Rational Basis Review

A
  • Legitimate gov’t purpose, rationally related
  • Burden on π
  • Age, wealth, disability, sexual orientation, OTHER
45
Q

Intermediate Scrutiny

A
  • Important gov’t interest, closely drawn
  • Burden on gov’t
  • Gender, illegitimacy
46
Q

Strict Scrutiny

A
  • Compelling gov’t interest, narrowly tailored
  • Burden on gov’t
  • Race, national origin, religion, fundamental rights

Con Law (1 decks)

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