From UWorld Flashcards
Speech and Debate Clause
Under Speech and Debate clause of Art. I, Section 6., members of Congress are IMMUNE from criminal and civil liability for ANY official legislative activity– e.g., speeches given on house or senate floor. –> This ensures members of congress are free to represent their constituents’ interests without fear that they will later be liable in CT for that representative.
When a time, place and manner restriction is valid under I.S. if it
- is narrowly tailored to serve a substantial/important government interest; AND
- leaves open ample alternative channels of communication
State Action doctrine
a private actor is considered a government actor and bound by the constitution when:
- the private actor performs a traditional and exclusive government function; OR
- the government is significantly involved in the private actor’s activities (more than funding or regulating)
President’s authority over domestic and foreign affairs
Art. II rests the president with authority over a wide array of domestic and foreign policy areas. When the President shared authority with Congress over a particular area (e.g., federal agencies), the validity of the President’s action are determined by Youngstown Framework.
BUT, when President does not share authority with Congress, the President can exercise that exclusive ART. II power without adhering to congressional directives.
One exclusive power from Art. II is the authority to communicate and negotiate with foreign governments as the official U.S. representative in foreign affairs.
President can exercise this power directly or through his subordinates- including ambassadors and other executive-branch officials.
Con Law
Congress has extensive authority via commerce clause to regulate I.C.
The DCC prohibits states from discriminating against or otherwise unduly burdening I.C.
BUT– states not restrained by this clause when they participate in the market, for example, buying or selling goods or services (ie, market-participant exception).
Establishment Clause challenges
are reviewed under the historical test, which upholds government actions that have been historically permitted in accordance with the original meaning of the constitution
ART.I Section 8 Congress and CC
Congress gets commerce clause with broad authority to regulate I.C.
This includes:
- channels of IC
- instrumentalities of IC
- persons or things moving in IC
- any activities that, singularly or in the aggregate, substantially affect I.C.
Fed statutes enacted under this broad power = constitutional, so long as there is a rational or reasonable basis for concluding that the regulated activity substantially affects I.C.
14A substantive due process clause
prevents states from depriving persons of life, liberty or property without adequate justification.
- civil laws that retroactively impair an ordinary right – e.g., the right to claim a tax deduction – MUST undergo R.B. test –> under this test, the law is presumed valid until challenger shows that the law’s retroactive application has no rational relation to any legit government interest.
Spending Clause
gives congress the broad power to appropriate (ie, spend) money for the general welfare (ie, any purpose reasonably related to a concrete public objective). But any conditions placed on the recipient of appropriated funds MUST:
- be clearly stated
- be reasonably related to the purpose of the expenditure
- not induce the recipient to do anything unconstitutional; AND
- not unduly coerce the recipient to accept the funds.
Standing
In Federal CT, standing requires = concrete stake in the outcome.
- redressability is part of standing that provides that a decision in P’s favor must be able to remedy the harm.
- economic loss not required for standing
- person has standing if they can show a concrete stake in outcome of the controversy shown by an injury in fact, caused by the government, that can be remedied by a ruling in P’s favor.
The S.C. has held that members of congress (congressmen/senators) LACK standing to challenge a law authorizing the president to exercise a line-item veto
generally, taxpayers lack standing to challenge federal appropriations.
A state’s regulation of IC in an area where congress has not already acted is valid IF:
The regulation does not discriminate against out-of-state competition and does not unduly burden interstate commerce.
Privileges and Immunities Clause
Article IV - discrimination against citizens of other states; interference with right of state citizenship
14A- interference with right of national citizenship
**public employment = not a right of state citizenship
