Final Exam Powers + Cases

Question 1

What are Congress’ enumerated powers?

Answer 1

• Establish/collect taxes, duties, and exists; pay debts; provide for the common welfare
• Borrow money
• [Commerce Clause] Regulate foreign + interstate commerce
• Create uniform naturalization + bankruptcy laws
• Coin money/regulate its value; regulate weights/measurements
• Punish counterfeiters of federal money/securities
• Establish post roads/post offices
• Grant patents and copyrights
• Create inferior courts to Supreme Court
• Define + punish crimes at sea/violations of international law
• Exercise exclusive jurisdiction over DC + other federal properties
• [Necessary and Proper Clause] Make all laws necessary + proper to execute any of expressed powers
• Declare war + make laws regarding capture on land/water
• Raise + support armies
• Provide + maintain navy
• Provide for summoning militia to execute federal laws, suppress uprisings, repel invasions
• Provide for organizing, arming, disciplining militia + governing it when in service of the Union

Question 2

Gundy v. United States – Power it applies to, brief facts, rule

Answer 2

• Gundy applies to Congress’ power to delegate their rule making power to other branches [Article I]
• Congress delegated power to the AG to decide how pre-SORNA offenders would be added to the mandatory sex offender registry, and to do so as soon as feasible
• RULE: Congress may delegate the power to create legally binding regulations to other branches if they provide an intelligible principle to guide their exercise of authority

Question 3

What is an intelligible principle [+ what case can we find its rule in]?

Answer 3

An intelligible principle will provide policy goals + authoritative bounds to the persons who Congress is delegating its power to
[Gundy v. United States]

Question 4

What is the Post Roads Debate, and what limiting principle of Congress’ delegation power did it discuss?

Answer 4

• Post Roads Debate concerned Congress delegating its power to create post roads to the President
• RULE: Congress cannot delegate powers which are uniquely confined to Congress [i.e. enumerated in the Constitution… like creating post roads]

Question 5

What is the major questions doctrine?

Answer 5

It is a principle of statutory interpretation, which says that courts will presume that Congress did not delegate issues of major political or economic significance to other branches
- To overcome presumption:
(1) Language must be clear, not vague, and unambiguous
(2) Whether the agency has historically
asserted such power

Question 6

What is the test to determine whether Congress can delegate its power?

Answer 6

Question 1: Is the power uniquely confined to Congress? [If yes… no delegation]
Question 2: Is there an intelligible principle for the delegate to follow? [If no… no delegation]
Question 3: Is separation of powers still followed? [If no… no delegation]

Question 7

Youngstown Sheet v. Sawyer – Principle it applies to, brief facts, rule

Answer 7

• Deals with separation of powers
• President issued executive order taking control of all steel mills during wartime [steel absolutely necessary to wage war] because steel mill workers went on strike subject to a disagreement with union as to wages
• RULE: President may not exercise legislative powers independently (including during times of emergency) // President cannot seize private property without an act of Congress (including during times of emergency)
  ** Justice Jackson’s three part test to determine power of President **

Question 8

What is Justice Jackson’s three part test from Youngstown Sheet v. Sawyer?

Answer 8

• In his concurrence, Justice Jackson included a 3-part test to determine how the President’s power relates to Congress
  [#1] When President pursuant to express/implied authorization of Congress, his authority is at maximum because it includes all President’s own powers PLUS those than Congress delegates (Art I + II powers)
  [#2] When President acts in absence of congressional grant of authority, he can only rely upon own powers BUT there is zone of twilight where Congress + Pres have concurrent powers (Art II powers)
  [#3] Where President takes measures incompatible with express/implied will of Congress, his power is at its “lowest ebb”

Question 9

What is unique about the legislative branches vesting clause?

Answer 9

It says that all legislative powers “herein granted” – none of the other vesting clauses include this language
- Congress’ powers are limited + enumerated

Question 10

What are the differences between expulsion and exclusion, and the way in which Congress can exercise both of these powers?

Answer 10

• Expulsion: Can be removed from Congress for any reason by 2/3 vote; happens after seating
• Exclusion: Can be kept from sitting for failing to meet any of the 3 enumerated qualifications by majority vote [age/citizenship years/domicile]; happens before sitting

Question 11

Powell v. McCormack – Power it applies to, brief facts, rule

Answer 11

• Deals with Congress’ power to control composition of the legislature
• Congress refused to seat Powell because was being investigated for misappropriations during his last term. Exclusion requires a majority vote.
• RULE: The qualifications for Congress laid out in the Constitution are exclusive + Congress may not exclude members for reasons other than failure to meet those qualifications [must allow them to sit then vote to expel by 2/3 vote otherwise]
  –> Congress cannot had qualifications to be sat in Congress.

Question 12

U.S. Term Limits v. Thornton – Power it applies to, brief facts, rule

Answer 12

• Deals with Congress’ power to control the composition of the legislature
• Arkansas enacted amendment to state constitution that said Senators and House members could not be on the congressional ballot if they had served 2 or 3 terms (respectively). Arkansas sought to impose term limits on their state representatives in the federal legislature under the 10th Amendment.
• Rule: States laws setting term limits on Congress are unconstitutional, because the qualifications in the Constitution are exclusive and changing them would require constitutional amendment [and this would be inconsistent with Framer’s desire for a uniform legislature representing the people]

Question 13

What is the 2 part test to determine if Congress has power to engage in the rule making they have?

Answer 13

1) Does Congress have the authority under the Constitution to legislate?

#2) If so, does the law violate another constitutional provision or doctrine?

Question 14

What case did the intelligible principle doctrine used in Gundy v. United States come from?

Answer 14

Mistretta v. United States

Question 15

INS v. Chadha – Limitation it applies to, brief facts, rule

Answer 15

• Bicameralism + presentment [manner in which Congress must exercise their power generally]
• The Immigration and Nationality Act was passed, which gave single House of Congress authorization to invalidate decision of the executive branch pursuant to authority delegated by Congress to AG to allow deportable aliens to remain in the U.S. Representative passed a resolution subject to this act to deport 6 named aliens + because it was subject to this act, wasn’t presented to Congress or the President.
• RULE: Single house legislative veto is unconstitutional because Congress may only legislate through bicameralism + presentment and this type of veto bypasses that process.

Question 16

Clinton v. New York – Limitation it applies to, brief facts, rule

Answer 16

• Bicameralism + presentment [manner in which Congress must exercise their power generally]
• President Clinton cancelled one provision in 2 budget acts, effectively preventing them from having legal force. He took this action subject to the Line Item Veto Act which allowed President to cancel provisions of law if they fell within one of three categories.
• RULE: Line item veto

Question 17

U.S. HOR v. Burwell – Power it applies to, brief facts, rule

Answer 17

• Power of the purse
• Congress passed Affordable Care Act which required employers to lower cost of health insurance to qualifying employees, and in return they would reimburse insurers through the federal treasury. DHHS (Burwell) spent billions of dollars reimbursing insurers subject to the ACA. In effect, Congress passed an appropriations bill but not an authorization bill.
• RULE: Both authorization and appropriations legislation are needed to allow government spending from the treasury.
  [President cannot delay or alter congressionally appropriated funds]

Question 18

What is a way that Presidents get around the ban on line item vetoes?

Answer 18

Issue signing statements which say they will not be enforcing [as the law executor per the Constitution] portions of the bill which they do not agree with - whole thing still has effect of law

Question 19

U.S. v. Lovett – Limitation it applies to, brief facts, rule

Answer 19

• Constitutional ban on bills of attainder
• Certain gov’t employee salaries withheld because of belief they were communists working against the government, payment could not be reinstated without say so by President with advice/consent of Senate, and they had the employees continue working.
• RULE: Congress may not forbid payment of salary to a specific individual without a judicial trial.
  [Congress cannot pass bills that inflicts punishment without a trial against an ascertainable person/member of a group]

Question 20

What is the test for determining whether a bill is a bill of attainder?

Answer 20

1. Does it apply to named individuals or easily ascertained members of a group?
2. Does it inflict punishment?
   2a: Does it fall within historical meaning of legislative punishment (death, fees, jail time)?
   2b: Does it further non-punitive legislative purpose?
   2c: Does legislative record show legislative intent to punish?
3. Is there no judicial trial?

Question 21

McGrain v. Daugherty – Power it applies to, brief facts, rule

Answer 21

• Power to conduct investigations
• Congress passed acts which took litigation from DOJ and gave it to special counsel, and created a committee to investigate neglected duties. Subpoenaed AG’s brother while investigating various charges against the AG. Witness failed to appear + was subsequently taken into custody.
• RULE: Congress does have the power to investigate/subpoena/enforce subpoenas, but witness has right to refuse to answer questions that are not pertinent to the matter at hand.

Question 22

Trump v. Mazars – Power it applies to, brief facts, rule

Answer 22

• Power to conduct investigations
• House committees issued subpoenas for Trump’s financial information claiming it was going to be used as guide for legislative reform.
• RULE: Congressional subpoenas must be related to and in furtherance of a legitimate task of Congress, must serve a valid legislative purpose, and cannot be used as law enforcement.

Question 23

What are the limitations to Congress’ power to conduct investigations?

Answer 23

• Must be to secure information as a basis for potential legislation or official action [like impeachment]
• Inquiry must be explicitly or implicitly authorized by house of Congress involved
• Witness rights: 5th Amendment; info elicited that is pertinent to subject only; procedural due process
• Congress does not have general police power

Question 24

What are the 4 factors from Trump v. Mazars which are considered in determining whether a legislative subpoena (on President) must be complied with?

Answer 24

1. President’s papers are only resource that could provide the information
2. Subpoena is no broader than needed
3. Submit evidence + explain aims/reasons why President’s information is needed
4. Take into account the burden imposed on the President

Question 25

True or false: Congress cannot give executive power to legislative officials

Answer 25

True - they cannot delegate power that they don’t have!

Question 26

True or false: Congress can’t give legislative power to any single person in legislature

Answer 26

True - can’t “give”away anything… must exercise power through bicameralism + presentment

Question 27

What are the three steps of appointment by the President?

Answer 27

[1] Nomination by President
[2] Confirmation by Senate
[3] Appointment by President

Question 28

Buckley v. Valeo – Power it applies to, brief facts, rule

Answer 28

• Appointment power
• FEC members nominated by Speaker of House + only two actually nominated by President. Members did require confirmation by both House + Senate. Argued commission members were officers of the U.S. and must be appointed by the President [+ here, when President didn’t nominate then he’s not involved at all].
• RULE: If an officer of the United States is being appointed, the Appointments Clause must be followed. [Congress may not give itself appointment power over officers of the U.S.]

Question 29

What is an “officer of the United States”?

Answer 29

Any appointee exercising significant authority pursuant to the law of the U.S./federal law

Question 30

NLRB v. Noel Canning – Power it applies to, brief facts, rule

Answer 30

• Recess appointments power
• Three positions became vacant on the NLRB so they could not operate, then the Senate adjourned to meet every 3 days for pro forma sessions. The President independently filled the vacancies after adjournment with advice/consent of the Senate.
• RULE: “Recess of Senate” = both intersession + intrasession so long as it is of substantial length [historically at least 10 days to qualify]; “vacancies” refer to those that arose during session + continue during during recess; pro forma session qualify as sessions as long as Senate has capacity to do business [i.e. pro forma can block recess]

Question 31

Myers v. United States – Power it applies to, brief facts, rule

Answer 31

• Removal power
• Statute passed which mandated postmasters could only be removed by President with advice/consent of the Senate. Myers was appointed as postmaster in Oregon by President with advice/consent of the Senate, then his resignation was requested but he refused. He was removed from office before the end of his term by Presidential order without advice/consent of the Senate.
• RULE: President has exclusive removal power over purely executive officials + he does not need advice/consent of the Senate to remove them.

Question 32

Humphrey’s Executor v. United States – Power it applies to, brief facts, rule

Answer 32

• Removal power
• Humphrey was appointed for a 7 year terms by the President with advice/consent of the Senate. His resignation was requested and he was fired by President when he refused. Argued he could only be removed before term was over for good cause.
• RULE: President does not have exclusive removal power over officers who perform quasi-judicial and/or quasi-legislative functions, + so removal of those officers may be conditioned or restricted by Congress.

Question 33

Morrison v. Olson – Power it applies to, brief facts, rule

Answer 33

• Removal power
• Congress passed an Act allowing the AG to appoint independent counsel to investigate certain crimes of high ranking government officials, once they apply to a 3 judge panel who appoints + defines prosecutorial power of the independent counsel. The Act further prohibited removal of the independent counsel without good cause.
• RULE: Inferior officers do not have to be appointed by the President + confirmed by Senate; Congress may limit a principal officer’s power to remove their subordinates.

Question 34

Seila Law v. CFPB – Power it applies to, brief facts, rule

Answer 34

• Removal power
• CFPB was an administrative agency run by a single director for a 7 year term, who could not be removed by President without showing of inefficiency, neglect of duty, or malfeasance.
• RULE: ** UPDATE THIS **

Question 35

What is an inferior officer?

Answer 35

One who is subject to removal by higher official, who has limited duties, who has limited jurisdiction, and who has limited/temporary tenure
[May be appointed by a person or branch other than the President if authorized via statute by Congress]

Question 36

Sign that officer is a principal one?

Answer 36

Appointed through nomination by President and confirmation by Senate

Question 37

Adams v. Richardson – Power it applies to, brief facts, rule

Answer 37

• Power to dispense of + suspend laws
• HEW was an organization which provided funding to federal + state educational programs. Once the Civil Rights Act of 1964 was passed, which mandated funding to be discontinued to schools which continued to segregate, HEW did not comply and continued funding schools who did not desegregate.
• RULE: Administrative agencies cannot exercise discretion in application of a law/act/statute

Question 38

U.S. v. Cox – Power it applies to, brief facts, rule

Answer 38

• Power to dispense of + suspend laws
• U.S. Attorney refused to sign grand jury indictment on instruction from the AG. The Court ordered the attorney to draft + sign indictments, and held him in contempt/took into custody when he refused.
• RULE: Federal prosecutors [AG] have power to exercise discretion in deciding whether to pursue prosecution (i.e. power to exercise discretion in deciding whether or not to enforce law).

Question 39

Can Congress create a federal agency which the President has no control over + give them executive authority?

Answer 39

No - violates separation of powers… Congress cannot grant executive authority to an agency over which the President has no control

Question 40

Can the President repeal a statute by way of declining to spend funds specifically appropriated by Congress when Congress has mandated they be sent?

Answer 40

No - the President’s authority to balance budget does not extend to refusing to spend funds specifically appropriated by Congress

Question 41

OLC Legal Opinion [immigrants] – Power it applies to, brief facts, rule

Answer 41

• Power to dispense of + suspend laws
• DHS only had resources to remove ~400,000 illegal immigrants each year and sought to implement policy which prioritized certain categories of immigrants over others.
• RULE: Generally agencies have discretion to decide whether a particular violation of the law warrants prosecution or enforcement activities.

Question 42

What are the limitations on executive agency’s discretion in deciding whether a particular violation of the law warrants prosecution or enforcement activities?

Answer 42

1. Decision must be within enforcing agency’s expertise
2. Can’t attempt to rewrite laws
3. Executive branch can’t consciously/expressly adopt policy so extreme as to amount to abdication of statutory responsibilities.
4. Can’t be a general policy of non-enforcement

Question 43

What is the difference between suspending laws + dispensing laws?

Answer 43

Suspending: No longer operative for anybody
Dispensing: No longer operative for certain persons/class of people

Question 44

U.S. v. Curtiss-Wright – Power it applies to, brief facts, rule

Answer 44

• Power over foreign affairs
• Congress passed Joint Resolution allowing the President to prohibit sale of arms to warring countries. The President did, in fact, ban weapons manufacturers from helping either side in the ongoing war effort. Curtiss-Wright, a weapons manufacturer, was found to be selling fighter planes/bombers to one side of the war, against the President’s proclamation which made this behavior illegal.
• RULE: President has broad power in foreign affairs + plenary powers beyond those listed in Article II; States have no role in foreign affairs because federal government represents foreign sovereignty of U.S.; President alone has the power to speak + listen as representative of nation in field of international relations

Question 45

What was the theory of extra-constitutional origination introduced in Curtiss-Wright?

Answer 45

Congress + President have power over foreign affairs that do not originate in Constitution – they may exercise foreign affairs powers enjoyed by all other sovereigns

Question 46

Zivotofsky v. Kerry – Power it applies to, brief facts, rule

Answer 46

• Power over foreign affairs
• Congress passed an Act which allowed someone born in Jerusalem to list “Israel” as birth place on U.S. passport. President did not recognize any countries having sovereignty over Jerusalem, and did not recognize ability to allow Israel to be listed rather than Jerusalem. Zivotofsky requested that “Jerusalem, Israel” be listed on his U.S. passport + the embassy denied the request.
• RULE: President has enumerated power to receive ambassadors, meaning he has exclusive power to recognize sovereignty of places from which he is receiving those ambassadors + Congress may not pass legislation in conflict with that; President has exclusive authority to recognize or not recognize foreign nations.

Question 47

What is an executive agreement?

Answer 47

An agreement between the President + a foreign government which has not been ratified by the legislature [like treaty that did not go through Senate]
- Not binding as law + not binding on next President

Question 48

What war powers does Congress have?

Answer 48

Declare war, make rules concerning capture, raise/support armies, provide/maintain navy, calling forth militia to repel invasions/insurrections, organizing/arming/disciplining militia

Question 49

What war powers does President have?

Answer 49

Express: Commander in Chief
Implied: Defensive war powers [can respond to attacks that have already occurred or are impending without Congress’ input]

Question 50

Prize cases – Power it applies to, brief facts, rule

Answer 50

• Power to declare war
• Lincoln authorized blockade of Southern ports during beginning of Civil War. Four ships were seized as prizes, and constitutionality of the taking was challenged because war had not yet been declared.
• RULE: President has defensive war power to conduct military operations during hostilities or while under national threat [or impending threat]

Question 51

How is war terminated?

Answer 51

Terminated by treaty, legislation, or Presidential proclamation
[Indirectly: Congress can pull funding]

Question 52

Ex parte Milligan – Power it applies to, brief facts, rule

Answer 52

• Power to conduct war [detaining civilians]
• Lincoln issued an executive order that U.S. citizens who tried to commit terrorist acts would be tried by military commission. Milligan was accused of violating domestic law [rather than law of war].
• RULE: U.S. civilians cannot be tried by military commission when civilian courts are operational.

Question 53

Korematsu v. United States – Power it applies to, brief facts, rule

Answer 53

• Power to conduct war [detaining civilians]
• Non-combatant U.S. civilians of Japanese descent were detained in prison camps because of their ethnicity, because the military feared disloyalty on part of the Japanese.
• RULE: Can detain non-combatant U.S. citizen on U.S. soil if it is deemed a necessary effect of war and the practice is not discriminatory
  ** Korematsu has been “overruled in the Court of public opinion” **

Question 54

Hamdi v. Rumsfield – Power it applies to, brief facts, rule

Answer 54

• Power to conduct war [detaining enemy combatants]
• AUMF allowed President to use force against those who aided in 9/11. Hamdi was born in the U.S. but ended up in Afghanistan, where he was seized by U.S. allies who turned him overt the U.S. military on suspicion of Taliban involvement. Hamdi was held without formal charges or a trial as an enemy combatant.
• RULE: Enemy combatants can be detained during conflict out of necessary and appropriate force, but due process demands U.S. citizens receive a meaningful opportunity to contest the factual basis of their detention through some sort of hearing // Citizens cannot be deprived of due process rights just because time of war

Question 55

Ex parte Quirin– Power it applies to, brief facts, rule

Answer 55

• Power to conduct war [detaining enemy combatants]
• Nazi submarine offloaded non-citizens and one U.S. citizen to conduct acts of sabotage. President found these people to be enemy war criminals and sought to try them as enemy war criminals under military commission rather than civilian criminal court.
• RULE: U.S. citizens who are enemy combatants can be tried before military commission [not enough to just violate a domestic criminal law… must be working under the command of the opposing army]

Question 56

Boumediene v. Bush – Power it applies to, brief facts, rule

Answer 56

• Power to suspend writ of habeas corpus
• Congress passed the Military Commissions Act, which eliminated federal courts’ jurisdiction to hear habeas applications from detainees who were designated enemy combatants.
• RULE: Non-citizen enemy combatants who are captured and held abroad by military forces still have a constitutional right to habeas corpus [i.e. Suspension Clause still applies]

Question 57

What does the War Powers Resolution of 1973 do?

Answer 57

Restricts President’s defensive war power
- If military action is used, President must report it to Congress within 48 hours
- President must terminate military action within 60 days unless Congress declares war or extends the 60 day period

Question 58

What is the “test” for due process in terms of detaining enemy combatants that arose out of Hamdi v. Rumsfeld?

Answer 58

[1] Balance private interests that will be affected by the action + the Government’s asserted interest
[2] Through analyzing the risk of deprivation of private interest if due process is reduced and value of additional/substitute safeguards

Question 59

What kind of “hearing” is required under Hamdi v. Rumsfeld?

Answer 59

• Unclear the exact parameters but can definitely use hearsay + proof beyond a reasonable doubt isn’t required
  [NOT same as habeas corpus]

Question 60

What is the writ of habeas corpus?

Answer 60

Hearing used to bring prisoner or detainee before the court to determine if that person’s imprisonment or detention is lawful

Question 61

What is the extent of executive immunity?

Answer 61

The President is absolutely immune from civil liability for official actions taken while President
- Does not matter when the lawsuit was filed… just matters when the President’s actions took place

Question 62

What is the Supreme Court’s original jurisdiction?

Answer 62

Cases affecting ambassadors + other public ministers + consuls; cases in which state shall be a party

Question 63

Can the Supreme Court’s original jurisdiction be limited or expanded by Congress?

Answer 63

No

Question 64

What is the Supreme Court’s appellate jurisdiction?

Answer 64

Cases arising under Constitution/U.S. laws/treaties; cases affecting ambassadors/public ministers/consuls; cases of admiralty/maritime jurisdiction; cases in which U.S. is a party; cases between two or more states; cases between state and citizen of another state; cases between citizens of different states; case between citizen/state and foreign state/subjects

Question 65

Does Congress have the power to limit/expand Supreme Court’s appellate jurisdiction?

Answer 65

Yes – Congress has plenary power over Supreme Court’s appellate jurisdiction [but can only remove cases from appellate jurisdiction with amendment + assignment to lower court]

Question 66

In what ways does Congress have the power to regulate the structure/jurisdiction of the federal courts?

Answer 66

• Determines whether to create lower courts + defines their jurisdiction
• Has plenary power over Court’s appellate jurisdiction
• Can decide the # of sitting justices

Question 67

What is the power of judicial review?

Answer 67

Power to declare a law or governmental action unconstitutional because it conflicts with provisions of the Constitution

Question 68

Stuart v. Laird – Power it applies to, brief facts, rule

Answer 68

• Judicial review
• Congress repealed the Judiciary Act of 1801 which created federal circuit courts, then enacted the Judiciary Act of 1802 which made the Supreme Court justices ride circuit again. Case began in 1801 circuit court + was moved to 1802 Supreme Court.
• RULE: Congress has the constitutional authority to establish inferior courts + transfer cases between them

Question 69

Marbury v. Madison – Power it applies to, brief facts, rule

Answer 69

• Judicial review
• Marbury was nominated/approved/commissioned by President Adams to be justice of the peace in D.C. Marbury did not receive his commission before President Jefferson took office, who instructed his Secretary of State [Madison] to destroy all the undelivered commissions + did not honor Marbury’s appointed officer position. Marbury sought a writ of mandamus from the Supreme Court, compelling the Secretary of State of hand over the commission.
  [Where did the judicial review come from? Judiciary Act of 1789 added writs of mandamus to Court’s original jurisdiction]
• RULE: Congress cannot add to the original jurisdiction of the Supreme Court without constitutional amendment
  [*Note: Court declined to exercise jurisdiction in this case via judicial review]

Question 70

What questions come from the debate over departmentalism and judicial supremacy?

Answer 70

[1] Whether the other branches must follow Supreme Court decisions interpreting what the Constitution means?
[2] Must the executive branch enforce Supreme Court decisions interpreting what the Constitution means in a specific case?

Question 71

What is the difference between departmentalism and judicial supremacy?

Answer 71

• Departmentalism: Each of three branches must enforce Constitution as they understand it, independently from how another branch understands it [Supreme Court decisions only bind litigants to case at bar…a ll other branches independently decide constitutional issues]
• Judicial supremacy: Only Supreme Court has power to interpret + enforce the Constitution [Supreme Court decisions bind every + Supreme Court interpretations of Constitution are supreme]

Question 72

Lincoln + Douglas debates – Power it applies to, brief facts

Answer 72

• Departmentalism v. judicial supremacy
• Lincoln: Departmentalism – just because Supreme Court made decision doesn’t mean it’s final/binding on everyone
• Douglas: Judicial supremacy – Supreme Court’s decisions are binding on everyone

Question 73

What are six of the limits/outer bounds of the Supreme Court’s power?

Answer 73

[1] Won’t render advisory decisions (Response from court to question that is asked of them in absence of concrete corresponding case/controversy)
[2] Parties in case must have real interest at stake
[3] Dispute must be sufficiently immediate
[4] Dispute must remain live at all stages of proceedings
[5] Parties’ legal interests must be in conflict/adverse + dispute must not be contrived/collusive
[6] Federal courts have limited jurisdiction + state courts have general jurisdiction

Question 74

Ex Parte Merryman – Power it applies to, brief facts, rule

Answer 74

• Departmentalism v. judicial supremacy
• Lincoln gave the U.S. Army authority to suspend habeas corpus out of necessity due to the Civil War. Merryman was arrested and held on suspicion of being a Confederate sympathizer. Merryman sought a writ of habeas corpus, and Judge Taney ordered the Army to present Merryman. The Army refused on the grounds they have suspended habeas corpus subject to the President’s allowance.
• RULE: The executive branch may not decline to enforce judicial decisions, and they do not have the military power to disregard the Constitution.

Question 75

Correspondence of the Justices – Power it applies to, brief facts, rule

Answer 75

• Supreme Court’s decision making ability
• President Washington sought to keep the U.S. out of the war with France + Secretary of State sent Supreme Court 29 legal questions arising out of the U.S.’s relationship with France.
• RULE: Court declined to answer any of the questions because they do not give advisory opinions

Question 76

Cooper v. Aaron – Power it applies to, brief facts, rule

Answer 76

• Departmentalism v. judicial supremacy
• After the Brown v. Board of Education decision, Arkansas government official resisted integration in schools, prompting the Little Rock School Board to seek suspended enforcement of that decision due to the public hostility. The Governor of Arkansas did not believe the Brown v. Board decision bound him as a state official.
• RULE: A state cannot refuse to comply with the Supreme Court’s decision + Federal judiciary is supreme in interpreting the Constitution, so no state legislature may interpret the Constitution differently than the Supreme Court

Question 77

What is the principle of “standing” in the justiciability doctrine?

Answer 77

Question: Is this particular person the proper party to raise this issue in federal court?

Factors:
- Injury: Will/have [actual/imminent] the party suffer concrete and individualized injury?
- Traceability: Is there a causal connection between the injury and conduct complained of?
- Redressability: Can the Court remedy the injury with a favorable ruling/is the injury redressable by a favorable ruling?

Question 78

Ex Parte Levitt – Power it applies to, brief facts, rule

Answer 78

• Justiciability [standing]
• Congress passed Act allowing justices to retire + still receive their salaries. Justice Black took the place of Justice Devanter when he retired subject to that Act. Devanter was still effectively an Article III judge even though he was retired, so he was still receiving his salary. Levitt sued.
• RULE: Litigant must have a meaningful, person, individualized stake in the outcome of the case in order to sue… it is not sufficient to have a general interest common to all members of the public
  [“What’s it to you???”: No generalized grievances + must have been harmed in a way different than from the rest of the general public]

Question 79

Frothingham v. Mellon + Mass v. Mellon – Power it applies to, brief facts, rule

Answer 79

• Justiciability [standing]
• Maternity Act allowed appropriations to states who elected to receive them in order to lower maternal and infant mortality rates. The Act also created a bureau to cease funding if it was not properly used.
• RULE(S): Frothingham – There is no general taxpayer standing; Massachusetts – There is no state standing to assert injuries on behalf of taxpayers.

Question 80

Fairchild v. Hughes – Power it applies to, brief facts, rule

Answer 80

• Justiciability [standing]
• Taxpayers and members of the American Constitutional League alleged that the 19th Amendment was not constitutionally ratified.
• RULE: Private individuals are not entitled to suit in federal court to determine if a statute would be valid if adopted.

Question 81

Biden v. Nebraska – Power it applies to, brief facts, rule

Answer 81

• Justiciability [standing]
• Biden sought to forgive a certain amount of federal student loans for person who made under a certain dollar amount each year. MOHELA, a Missouri corporation which funded educational aid in the state, would suffer monetarily if the Act was passed.
• RULE: State has standing to sue proposed governmental act if they suffered a real injury that is fairly traceable to the challenged conduct.

Question 82

What is the principle of “mootness” in the justiciability doctrine?

Answer 82

Question: Did the requisite personal injury that gave rise to the case cease to exist for some reason? Is the case ready for adjudication?

Exceptions: Collateral consequences to injury remain; legal injury is capable of repetition but likely to evade final review; defendant has voluntarily ceased alleged wrongful conduct must remains free to resume later; class actions
- Collateral consequences: Defendant convicted/sent to prison -> appellate process not over even though prison sentence is -> case is moot but the conviction still has collateral consequences (i.e. felon can’t vote) so case can be heard
- Voluntary cessation: Prevents parties from escaping litigation but just saying “I stopped doing it”
- Capable of repetition but evading review: Challenged action was too short to be fully litigated before it expired BUT reasonable expectation that action will occur again (ex: abortion, elections)

Question 83

What is the 5 part political question doctrine test + what case does it come from?

Answer 83

1. Does Constitutional text commit the issue to another branch?
2. Is there a lack of judicially-discoverable and manageable standards for resolving the issue?
3. Can the Court not decide the question without showing a lack of respect for the political branches?
4. Is there an unusual need for adherence to the political decisions already made?
5. Is there potential for embarrassment from multifarious pronouncement by various branches on one question?

[If answer any of these in the affirmative… may be a political question]

Question 84

What is the principle of “ripeness” in the justiciability doctrine?

Answer 84

Question: Has the controversy been terminated? Is the alleged injury too remote or speculative?

Two part test:
[1] Hardship to parties from withholding court consideration
- Likelihood of prosecution with substantial consequences unless plaintiff forgoes engaging in allegedly lawful behavior
- Enforcement of statute is certain but enforcement proceedings haven’t begun
- Substantial hardship from collateral injuries
[2] Fitness of issues/the record for judicial review

Question 85

What is the political question doctrine?

Answer 85

The Court cannot resolve cases that would put it into the “political realm” [i.e. solely within discretion of executive or legislature]

Question 86

Luther v. Borden – Power it applies to, brief facts, rule

Answer 86

• Political question doctrine
• Two governments were operating within Rhode Island - a charter government and revolutionary government. The charter government declared martial law and broke/entered into Luther’s home, who was a sympathizer of the revolutionary government. Question of which government was legit/which was in the wrong.
• RULE: The Guarantee Clause is non-justiciable because it involves a power committed to Congress by the test of the Constitution [Court cannot hear cases which present strictly political questions to be settled by a political power]

Question 87

(Walter) Nixon v. United States – Power it applies to, brief facts, rule

Answer 87

• Political question doctrine
• Nixon was convicted/sentenced to prison, and Senate created a committee to receive evidence to present to whole Congress to determine Nixon’s guilt + whether or not to impeach him. Nixon had issue because whole Congress didn’t hear the evidence, it was just heard by the committee then they presented to the rest of Congress.
• RULE: Court cannot hear cases which do not allow fro a remedy they can provide and which present political issues.
  [In this case… Senate has SOLE power given by constitutional text + “try” is to ambiguous a standard for Court]

Question 88

Chisholm v. Georgia – Power it applies to, brief facts, rule

Answer 88

• State sovereign immunity
• Chisholm, as an individual and citizen of South Carolina, attempted to sue the state of Georgia in the Supreme Court over payments which were due to him for goods supplied to Georgia during the Revolutionary War. Georgia refused to appear on the grounds that, as a sovereign state, it could not be sued without consenting to the suit.
• RULE: Diversity Clause abrogated [abolished] Georgia’s sovereign immunity, thus granting the federal courts the power to hear disputes between private citizens and states
  No longer controlling… 11th Amendment established a new rule

Question 89

What Amendment reversed Chisholm + what did it say?

Answer 89

11th Amendment - States can’t be sued by people who are not citizens of that state in federal court
- States can choose to waive their immunity [they just cannot be sued without their consent]
- Extends to states + state agencies
- Does not extend to local governments + their agencies

Question 90

Hans v. Louisiana – Power it applies to, brief facts, rule

Answer 90

• State sovereign immunity
• Hans was a Louisiana citizen who brought suit against the state Louisiana for interest accrued on bonds which had been issued by the state. The suit was a constitutional challenge to a state constitutional amendment barring the state from paying interest on these bonds.
• RULE: States cannot be sued by its own citizens without consent [i.e. citizenship status of the plaintiff does not matter]

Question 91

Ex Parte Young – Power it applies to, brief facts, rule

Answer 91

• State sovereign immunity
• State of Minnesota passes legislation to regulate railroad rates, imposing convictions/fines/jail sentences on officers + employees of railroads if they charged in excess of the approved amount. Shareholders sued the railroads to prevent them from complying with regulation + AG to prevent him from enforcing the legislation. Defendants fought back on the grounds that the 11th Amendment prevented such suit by private citizens.
• RULE: Plaintiffs can sue state officials by name in their official capacity to receive injunctive relief or in their private capacity to receive monetary damages

Question 92

What are the main points/limitations of state sovereign immunity?

Answer 92

1. States are not normal litigants
2. States cannot be sued for damages unless they consent or Congress has abrogated sovereign immunity
   (a) Congress can only abrogate sovereign immunity when legislating under 14th Amendment’s Equal Protection Clause
   (b) Courts of claims are examples of where states consent to private suits
3. Sovereign immunity only bars private litigants, not federal government or other states

Question 93

McCulloch v. Maryland – Power it applies to, brief facts, rule

Answer 93

• Necessary + proper powers
• Congress chartered the Second Bank of the United States and the state of Maryland passed legislation to impose taxes on the bank. McCulloch, who was a cashier at the Baltimore branch of the bank, refused to pay the tax.
• RULE: Congress has the power to charter a national bank and states do not have the power to tax a national entity.
  [N+P: Ends must be constitutionally enumerated, means must be appropriate, must not be elsewhere prohibited]

Question 94

What is the Necessary + Proper Power analysis?

Answer 94

Test:
Step 1 - Does the law constitute a means that is rationally related to implementing a constitutionally enumerated power? [A - What is the enumerated power? B - Is the challenged law rationally related to the enumerated power?]
*Necessary = helpful [McCulloch]
*If rationally related = Congress receives deference in choice of means
*Proper = can’t violate federalism/limited powers [Comstock]

Factors:
1 - Nature of power [minor power = fine; great/substantial/independent power = too important to be incidental] (McCulloch + NFIB)
2 - Is link between law and enumerated Article I power too attenuated/lacking rational basis?
3 - Does the law properly account for state interests? [10th Amendment]

Question 95

Gibbons v. Ogden – Power it applies to, brief facts, rule

Answer 95

• Commerce power
• New York state law gave Livingston + Fulton a 20 year monopoly over navigation on waters within state jurisdiction. Gibbons, a steamboat owner who did business between NY + NJ under federal coastal license, formed a business relationship with Ogden which fell apart due to Gibbons operating a competing steamboat. Ogden sued in NY state court, and Gibbons argued U.S. Congress controlled interstate commerce.
• RULE: If regulation falls under Congress’ interstate commerce power, states cannot pass legislation which interferes with that power. // Commerce power applies to every species of commercial intercourse which concerns more than one state.
  [Defined commerce: Commercial intercourse; defined regulation: prescribe rules by which commerce is to be governed; defined among several state: intermingling]

Question 96

What is the Dormant Commerce Clause analysis?

Answer 96

1. Does a state law burden interstate commerce?
   (a) No - Go to 2
   (b) Yes - Is the law valid
   (i) Yes - Federal law governs [Supremacy Clause]
   (ii) No - Go to 2
2. Does the state law discriminate against out of staters?
   (a) Yes - Uphold it
   (b) No - Balancing test [Does undue burden on interstate commerce exceed state’s interest]
   (i) State’s interest stronger - they win
   (ii) Undue burden - law invalid

Question 97

U.S. v. EC Knight – Power it applies to, brief facts, rule

Answer 97

• Commerce power
• RULE: Commerce does not include manufacturing, agriculture, mining, or other creation industries + commerce power is not general police power. OVERRULED by Darby

Question 98

Champion v. Ames – Power it applies to, brief facts, rule

Answer 98

• Commerce power
• There was an act of Congress passed which made it illegal to send or conspire to send lottery tickets across state lines. The defendants were arrested and convicted of illegally transporting lottery tickets under this act.
• RULE: Congress can regulate “channels” of interstate commerce, even if for police power reasons and even if there is no commercial transaction. [Power to regulate includes power to prohibit]

Question 99

Shreveport Rate Cases – Power it applies to, brief facts, rule

Answer 99

• Commerce power
• The Interstate Commerce Commission was created to regulate interstate commerce. They established maximum rates and ordered the railroads to fix their intrastate rate schedules to comport with these established maximums. The railroads challenged this regulation on the grounds that the Interstate Commerce Commission did not have power to regulate intrastate commerce.
• RULE: Congress may prevent instrumentalities of interstate + intrastate commerce from being used in their intrastate capacity to the injury of interstate commerce. // Extends to wholly intrastate commerce which is substantially related to interstate commerce.

Question 100

Caminetti v. United States – Power it applies to, brief facts, rule

Answer 100

• Commerce power
• Congress enacted a statute called the White Slave Traffic Act, which forbade interstate transportation of women for prostitution or other immoral purposes. This statute did not require that commercial gain/activity be involved for violations. The defendants were charged with violating the statute, and the charge cited no commercial activity involved.
• RULE: Congress can regulate channels [state line crossing] even if not involving commercial activity.

Question 101

Hammer v. Dagenhart – Power it applies to, brief facts, rule

Answer 101

• Commerce power
• The Child Labor Act prohibited interstate shipment of goods produced by child labor. Plaintiff sued in order to allow son to work in a mill.
• RULE: Congress cannot regulate purely local matters [i.e. those reserved for state police power]
  ** OVERRULED BY DARBY **

Question 102

ALA Schecter Poultry v. US – Power it applies to, rule

Answer 102

• Commerce power
• RULE: Congress cannot regulate intrastate activity which is only indirectly related to interstate commerce.
  * OVERRULED BY DARBY + LAUGHLIN STEEL*

Question 103

Carter v. Coal – Power it applies to, rule

Answer 103

• Commerce power
• RULE: Commerce power does not extend to mining, because it is production which is not considered to be commerce.
  ** OVERRULED BY DARBY + LAUGHLIN STEEL **

Question 104

NLRB v. Jones + Laughlin Steel – Power it applies to, brief facts, rule

Answer 104

• Commerce power
• Congress passed the National Labor Relations Act, in which it determined that labor-management disputes were directly related to the flow of interstate commerce and could be regulated by the national government. Under the act, the National Labor Relations Board charged Jones with discriminating against employees who were union members.
• RULE: Congress can regulate wholly intrastate activities that are closely + substantially related to interstate commerce. [Substantial effects test]

Question 105

United States v. Darby – Power it applies to, brief facts, rule

Answer 105

• Commerce power
• Congress passed the Fair Labor Standards Act, which regulated aspects of employment including minimum wage, maximum hours, and child labor. Darby, a lumber manufacturer, shipped his product outside of the state and was subsequently charged with violating the FLSA.
  [Court focuses on the prohibition of shipment, not manufacture]
• RULE: Congress can regulate intrastate activities which so effect interstate commerce that regulation is an appropriate means to a legitimate end [regulation of commerce]. // Commerce power extends to intrastate activities that substantially affect interstate commerce.

Question 106

Wickard v. Filburn – Power it applies to, brief facts, rule

Answer 106

• Commerce power
• The Agricultural Adjustment Act regulated the amount of wheat that could be produced by farmers in the U.S., with the goal of stabilizing the price of/demand for wheat. Filburn was a farmer who grew in excess of his allotment of wheat and was thus charged under the Act. Filburn argued that, because the excess wheat he grew was just for his own personal use, it did not affect interstate commerce and did not violate the Act.
• RULE: Congress may regulate purely intrastate activities which have a substantial effect on interstate commerce. // Congress may use the aggregation principle, which asks whether the class of activities taken as a whole substantially effects interstate commerce [rather than the one individual’s activities].

Question 107

Heart of Atlanta Motel v. United States – Power it applies to, brief facts, rule

Answer 107

• Commerce power
• The Civil Rights Act prohibited racial discrimination by places of public accommodation if their operations affected commerce. The Heart of Atlanta Motel in Georgia refused to allow black people to stay at their place of public accommodation, in conflict with the Civil Rights Acts. Issue revolved around whether Congress exceeded its commerce powers by depriving places of public accommodation (within the states) the right to choose who they serve.
• RULE: Congress may use commerce power to accomplish a non-commercial, social policy goal. // Determinative test is really whether the activity sought to be regulated is commerce which concerns more than one state and has real/substantial relation to national interest.

Question 108

United States v. Morrison – Power it applies to, rule

Answer 108

• Commerce power
• RULE: Congress cannot use commerce power to enact legislation which does not substantially effect interstate commerce or redress a harm caused by a state.

Question 109

United States v. Lopez – Power it applies to, brief facts, rule

Answer 109

• Commerce power
• The Gun Free School Zones Act forbid any individual knowingly to possess a firearm at a place which he knows is a school zone. Lopez brought a concealed weapon to his high school, and was arrested/charged under state law. The following day, the state charges were dropped and Lopez was charged under the Gun Free School Zones Act. Issue revolved around whether Congress exceeded its commerce powers by regulating intrastate firearm possession.
• RULE: The link between regulated activity and interstate commerce cannot be too attenuated, as to require inference upon inference to be drawn.

Question 110

What is the Commerce Clause Power analysis?

Answer 110

Step 1: Does the law create commerce or regulate commerce? [NFIB]
(A) NFIB: Forcing people to engage in commerce/regulating inactivity ≠ regulating commerce

Step 2: If the law does regulate commerce, which category?
(1) Channels: Movement of commerce across state lines [road/railways]
(2) Instrumentalities: Things that move commerce across state lines [trucks/boats]
(3) Substantial effects on interstate commerce?

Step 3: If substantial effects, does the law regulate intrastate economic or intrastate non-economic activity?
(A) Economic - Did Congress have rational basis for concluding activity could have substantial effect on interstate commerce?
(B) Non-Economic - Is the law an essential part of a larger regulation of interstate economic activity that would be undermined by removing the law
(a) Wickard + Raich - Part of a larger scheme [Agricultural Adjustment Act + Controlled Substances Act]
(b) Morrison + Lopez - Not part of a larger scheme

Step 4: If the law does regulate intrastate economic activity, or intrastate non-economic activity that is part of a larger regulatory scheme, what are the effects of the regulated activity on interstate commerce?
(A) Wickard - Aggregate effect on interstate commerce
(B) Raich - Deference [if government provides rational basis for concluding substantial link between regulated activity + interstate commerce, court gives deference
(C) Lopez - Attenuation [is the link between regulated activity + interstate commerce too attenuated, such that it requires inference upon inference?]

Step 5: Do limiting principles apply? - Lopez + Morrison
(A) Morrison - Does the law give Congress general police power by destroying the distinction between truly local and truly national?

Question 111

Gonzalez v. Raich – Power it applies to, brief facts, rule

Answer 111

• Commerce/N+P
• California passed the Compassionate Use Act, which legalized medical marijuana use. Congress passed the Controlled Substances Act, which explicitly banned the possession of marijuana and other schedule 1 drugs. The DEA seized six medical marijuana plants from Raich (who had never been involved in selling marijuana or transporting across state lines), and Raich sued the DEA + U.S. AG.
• RULE: Congress may regulate purely local activities which are a “class of activities” that have a substantial effect on interstate commerce.

Question 112

United States v. Comstock – Power it applies to, brief facts, rule

Answer 112

• Commerce/N+P
• Congress passed the Adam Walsh Child Protection and Safety Act, which allowed the federal government to civilly commit convicted sex offenders once their sentence was up if they were believed to be dangerous to others because of mental illness.
• RULE: Congress’ actions must be rationally related to the implementation of an enumerated power.

Question 113

Garcia v. SAMTA – Power it applies to, brief facts, rule

Answer 113

• Anti-commandeering doctrine
• Congress passed the Fair Labor Standards Act, which set minimum wages, weekly hours, and overtime requirements. SAMTA operated under the FLSA until a decision was released which said “traditional governmental functions” were exempt from the statute. The DOL released a statement saying that transmit authorities, like SAMTA, were still subject to the FLSA.
• RULE: Purely local governmental functions are not immune from regulation under the Commerce/N+P Clause.

Question 114

New York v. United States – Power it applies to, brief facts, rule

Answer 114

• Anti-commandeering doctrine
• Congress enacted a statute to address the radioactive waste problem, requiring states to either take title of the waste or implement the federal regulation/plan.
• RULE: Congress cannot force state legislatures to enact federal regulatory programs/cannot require state legislatures to pass laws.

Question 115

Testa v. Katt – Power it applies to, rule

Answer 115

• Anti-commandeering doctrine
• RULE: Federal government can require state courts to hear/decide issues of federal law. [Judicial branch is an exception to the anti-commandeering doctrine]

Question 116

Printz v. United States – Power it applies to, brief facts, rule

Answer 116

• Anti-commandeering doctrine
• Congress passed the Brady Act, which established a instantaneous background check systems for handgun purchasers. In the interim, chief law enforcement officers [CLEOs] in states/localities were required to run background checks on those who sought to purchase handguns. The CLEOs sued.
• RULE: Congress cannot force state officials to enforce federal legislation. // Anti-Commandeering doctrine extends to state officials.

Question 117

What is the summary/analysis for the anti-commandeering doctrine?

Answer 117

[1] Federal government can incentivize states to pass legislation/act/etc.
[2] Federal government cannot coerce states to pass legislation/act/etc.
[3] Federal government can come into states + enforce federal laws/regulations themselves [+ states cannot interfere].
[4] Federal government cannot force states to enforce federal laws/regulations.
[5] Applies to state executives + legislatures
[6] Does not apply to state courts

Question 118

Hylton v. United States – Power it applies to, brief facts, rule

Answer 118

• Taxing power
• Congress laid tax on all carriages. Sued on grounds the tax was direct and thus must be apportioned throughout the many states.
• RULE: Tax on carriages is an indirect tax, thus it only needs to be uniform rather than apportioned.

Question 119

Pollock v. Farmers – Power it applies to, rule

Answer 119

• Taxing power
• RULE: Tax upon person’s entire income was direct tax and had to be apportioned.
  ** OVERTURNED by 16th Amendment **

Question 120

License tax cases – Power it applies to, rule

Answer 120

• Taxing power
• RULE: Congress can tax activities it has no authority to directly regulate under Commerce Clause.

Question 121

Veazie Bank v. Fenno – Power it applies to, rule

Answer 121

• Taxing power
• RULE: The amount of taxes imposed is a political question. // No judicial review of amount of taxes imposed.
  [Amount doesn’t matter]

Question 122

McCray v. United States – Power it applies to, rule

Answer 122

• Taxing power
• RULE: Judiciary will not invalidate a tax because policy motivations prompted it.
  [Motive doesn’t matter]

Question 123

Bailey v. Drexel Furniture – Power it applies to, rule

Answer 123

• Taxing power
• RULE: Congress cannot indirectly regulate what they are unable to prohibit directly.

Question 124

Steward Machine v. Davis – Power it applies to, rule

Answer 124

• Taxing power
• RULE: Taxes can be implemented to achieve social policy goals.

Question 125

United States v. Kahriger – Power it applies to, rule

Answer 125

• Taxing power
• RULE: Federal tax does not cease to be valid because it discourages/deters activities taxed.
  [Is it a tax or punishment? – Do they actually want you to pay the $ or are they trying to prevent you from doing something?]

Question 126

United States v. Butler – Power it applies to, rule

Answer 126

• Spending power
• RULE: Spending power is interpreted broadly and only limited by “local” restriction.

Question 127

Helvering v. Davis – Power it applies to, rule

Answer 127

• Spending power
• RULE: Spending power does not have to be in direct relation to an enumerated power.

Question 128

South Dakota v. Dole – Power it applies to, brief facts, rule

Answer 128

• Spending power
• South Dakota allows persons 19 or older to purchase beer which is up to 3.2%. Congress enacted a statute which directed the Secretary of Transportation to withhold 5% of the federal highway funds allocated to a state, if that state continued to allow purchase or public possession of any alcoholic beverage by a person who is less than 21 years old.
• RULE: Federal funding to states can be conditioned as long as the incentive does not cross the line to coercion. [Consider: Can states say no/find funding elsewhere?]

Question 129

What is the conditional spending analysis?

Answer 129

Established a 4 part test to determine is attaching conditions to funding is constitutional:
[1] Is spending power exercised in pursuit of general welfare? – low bar… usually yes
[2] Has Congress made conditions for receipt of funds ambiguous? – must clearly set forth conditions
[3] Are the conditions rationally related to a federal interest, in particular national projects? – reasonable relationship between purpose of program + condition
[4] Do other constitutional provisions provide an independent bar to conditional grant of federal funds? – ex: can’t cross line from suggestive to coercive or it violates anti-commandeering principle

Question 130

NFIB v. Sebelius – Power it applies to, brief facts, rule

Answer 130

• Commerce, spending, taxing, necessary + proper
• Congress passed the Affordable Care Act, which included an individual mandate requiring people to purchase health insurance or would be charged a fee to be collected with their taxes, as well as Medicaid expansion which they required states to buy into lest their Medicaid funding be taken away.
• RULE: Commerce power does not extend to creation of industry or regulation of inactivity. // Forcing individuals to engage in commerce is creation, not regulation.