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CON-LAW > Gov Pow > Flashcards

Gov Pow Flashcards

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1
Q

Is there a federal police power?

A

No

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2
Q

When does congress have police power?

A

Military
Indian Reservations
Lands, Federal
D.C.

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3
Q

That is the Necessary and Proper Clause?

A

Congress can adopt laws necessary and proper to exercise its power.

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4
Q

What is Congress’ Tax, Spending, and Commerce Power?

A

Congress may tax and spend for the general welfare.

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5
Q

What is Congress’ power under the Commerce Clause?

A

1) Channels of interstate commerce - places where commerce occurs
2) Instrumentality of interstate commerce and persons or things in interstate commerce
3) Regulate econ activities that have a substantial effect on interstate commerce

If non-econ, cant be based on cumulative impact.

Power to regulate commercial activity.

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6
Q

Does congress has the power to regulate commercial inactivity?

A

No

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7
Q

How can congress exercise its power over non-econ activities?

A

Focus on substantial effect on interstate commerce not cumulative impact.

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8
Q

What is the 10th Amendment?

A

A limit on congressional power - all powers not granted to other or prohibited are reserved to the states and the people

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9
Q

Can congress compel state regulatory or legislative action?

A

No

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10
Q

Can congress incentivize action by placing conditions on funding?

A

Yes

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11
Q

What is the 15th Amendment?

A

Enable clause that allows congress to adopt legislation protecting the right to vote from discrimination based on race or color.

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12
Q

Is there a limit on Congress’ ability to delegate legislative power?

A

No

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13
Q

Are legislative vetos constitutional?

A

No

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14
Q

Are line-item vetos constitutional?

A

No

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15
Q

What is required for congress to act?

A

Bicameralism and presentment to the president.

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16
Q

What can a president do with a bill?

A

Sign it or veto it entirely.

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17
Q

The Presidents power in _____ is paramount to act and rep the US.

A

Foreign Policy and Relations

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18
Q

What is required for a treaty to be valid?

A

Agreement between US and Foreign County.

President negotiates it.

Must be ratified by the senate.

19
Q

What is a state law conflicts with a treaty?

A

State law is invalid

20
Q

What is a treaty conflicts with federal statute?

A

One adopted last controls.

21
Q

What is a treaty conflicts with the constitutuion?

A

Treaty is invalid.

22
Q

What is an executive agreement?

A

Agreement between president and head of a foreign nation.

Can be for any purpose.

23
Q

What is an executive agreement conflicts with state law?

A

Executive agreement prevails.

24
Q

What if executive agreement conflicts with federal statute?

A

Executive agreement invalid.

25
Q

What is executive agreement conflicts with constitution

A

Executive agreement invalid

26
Q

Is senate approval required for an executive agreement to be valid?

A

No

27
Q

True or False: The president has broad powers to use american troops abroad.

A

True

28
Q

What does it mean for a case to be justiciable?

A

There must be an actual case and controversy. The court does not render advisory opinions.

29
Q

How does P prove standing to bring claim?

A

1) Injury in Fact - an injury that affects P in a personal way and which exists in fact.
2) Causation and Redressability - P must prove that D caused the injury and that a favorable CT decision will remedy the harm.

3) No third party standing unless:
* Close relationship between P and injured party so that P can rep their interest
* * Third party cant assert their own rights
* ** An organization can sue if members have standing to sue; interest germane to org; and neither claim requires participation of individual members.

4) No generalized grievances.

30
Q

Do tax payer have standing to challange an expense if it violates the establishment clause?

A

Yes

31
Q

Can a person as a citizen bring a claim if an action violates the 10th amendment?

A

As long as the person shows injury in fact and redressability.

32
Q

What is ripeness?

A

A question of whether the court may grant pre-enforcement review of a statute or regulation.

1) Hardship: The greater the hardship, more likely to be reviewed.
2) Fitness of Issues and the Record: Does the Ct have all it needs before it to decide? Any reason the court should wait?

33
Q

What is Mootness?

A

P must present a live controversy. If events end the injury before the case starts, moot unless:

1) Wrong can be repeated
2) Voluntary cessation
3) Class Action

34
Q

How to most cases get to SCOTUS?

A

Writ of Cert

35
Q

True or False: SCOTUS has original and exclusive jurisdiction for suits between state governments.

A

True

36
Q

What is the final judgment rule?

A

SCOTUS can hear a case only after there has been a final judgment from highest court in state, COA, or 3 judge fed district court.

37
Q

Indep and Adequate Grounds

A

If a state court decision rest on two grounds and the state ground will previal even if SCOTUS over returns fed, SCOTUS can’t hear case.

38
Q

What is the 11th Amendment?

A

Bars suits against state governments in federal court - sovereign immunity.

State gov cannot be a defendant in a federal case.

39
Q

Does Sovereign immunity block even suits against state in state court?

A

Yes

40
Q

What grounds can state gov be sued?

A

1) Waiver
2) 14th Amendment
3) Federal Gov can sue state gov
4) Bankruptcy cases

Can sue state officers but state cannot be a defendant. (injunction/money damages) unless paid out of treasury

41
Q

What is required to override presidential veto

A

2/3 vote of each house of congress

42
Q

Pocket Veto

A

President has 10 days to exercise the right.

If he fails to act, the bill is auto veto if congress is not in session.

If congress is in session, it comes a law.

43
Q

What happens to a pocket veto if congress is in session?

A

Becomes a law

44
Q

What happens to a pocket veto if congress is not in session?

A

Does not become a law.

CON-LAW (5 decks)

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