Government Powers

Question 1

What are the ripeness requirements when an Article III court is asked to issue a declaratory judgement before a law is enforced?

Answer 1

The issue must be fit for judicial decision (legal) and the plaintiff would suffer substantial hardship in the absence of review (provoking enforcement would risk hardship)

Question 2

What are the exceptions to the general rule that an an individual can’t assert a damages claim against a state government?

Answer 2

The state explicitly waives immunity, the state implicitly waives immunity based on a complete power of the fed. gov. that the state consented to by joining the union, Congress unambiguously abrogates state sovereign immunity under the 14thA

Question 3

When does the 11thA sovereign immunity doctrine not apply? (when can state gov. be sued?)

Answer 3

To suits against local governments, to suits seeking personal damages from a state official or seeking to enjoin the official from acting, to suits by other states or the federal government against a state

Question 4

What is 11thA sovereign immunity doctrine?

Answer 4

The 11thA bars federal courts from hearing suits by a private party or foreign government against a state in which the state is named as a party or would have to pay retroactive damages.

Question 5

What is the federalism principle established by the 10thA?

Answer 5

All powers not granted to the federal government or prohibited to the states are reserved to the states or the people.

Question 6

How does the Anti-Commandeering Doctrine restrict the federal government’s authority vis a vis the states?

Answer 6

The federal government may not require the states to enact certain laws, ban states from enacting certain laws, or require states to enforce federal laws.

Question 7

When may Congress attach conditions on grants to the states?

Answer 7

When the conditions are clearly stated, related to the purpose of the federal program, not unduly coercive, and do not otherwise violate the Constitution.

Question 8

When are discriminatory regulations authorized under the Dormant Commerce Clause?

Answer 8

When Congress has permitted the regulation, where the regulation is necessary to achieve an important/non-economic state interest and there are no reasonable non-discriminatory means available, or where the state is acting as a market participant

Question 9

When is a state regulation of interstate commerce “unduly burdensome” under the Dormant Commerce Clause?

Answer 9

When the burden on interstate commerce outweighs the promotion of a legitimate state interest in the law (considering availability of less restrictive alternatives)

Question 10

What are the requirements for a plaintiff to have standing in federal court?

Answer 10

Injury-in-fact (particularized and concrete), causation (injury “fairly traceable” to D), and redressability (relief requested from the court would remedy P’s injury)

Question 11

When may a federal court permit a plaintiff to bring a suit based on third party standing?

Answer 11

Where it is difficult for the third party to assert their rights, OR where there is a close relationship b/w the plaintiff and the third party, OR where the plaintiff is an organization (members have injury in fact related to organizational purpose and individual participation not required)

Question 12

When may a federal court permit a plaintiff to bring a suit based on taxpayer standing?

Answer 12

When they are challenging their own tax liability, where they are challenging Congressional spending on Establishment Clause grounds, or where they are challenging a federal action that violates the 10thA (as long as there is redressability).

Question 13

What does the Commerce Clause authorize Congress to regulate?

Answer 13

Commerce Clause gives Congress the ability to regulate all foreign and interstate commerce and commerce w/ the Indian tribes.

Interstate commerce power allows Congress to regulate channels of interstate commerce/instrumentalities and things moving in interstate commerce/activities with a substantial effect on interstate commerce

Question 14

Which cases are within the original jdx. of the Supreme Court?

Answer 14

Cases involving ambassadors/public ministers/consuls, and cases in which a state is a party.

Question 15

What types of Congressional actions violate bicameralism and presentment?

Answer 15

Giving the President line-item vetoe power, giving itself a legislative vetoe or power to amend/repeal a law without bicameralism or presentment, controlling the exercise of a delegated power without complying with bicameralism and presentment

Question 16

What is the presidential pardon power?

Answer 16

The President has absolute power to grant pardons, except for impeachment and civil contempt.

Question 17

What is the Congressional Spending power?

Answer 17

Congress has the power to tax and spend to promote the general welfare.

Question 18

When is a state tax valid under the Dormant Commerce Clause?

Answer 18

1) The tax has a substantial nexus to an activity in the forum state

2) The tax is fairly apportioned based on the extent of the activity that takes place in the forum state

3) The tax is fairly related to the services/benefits provided by the forum state

Question 19

What are the respective powers of the President/Congress under the Appointments Clause?

Answer 19

The President may nominate ambassadors, justices of the Supreme Court, and other principal officers with the advice and consent of the Senate.

Congress may vest the power to appoint inferior officers in the President alone OR the courts/heads of departments … cannot itself appoint admin./executive officials and CANNOT remove executive officers other than through impeachment.

Question 20

What are the limits on Congress’ power to delegate authority?

Answer 20

Congress may delegate powers to the executive branch/agencies if they set intelligible standards for exercising the power.

If an issue involves a “major question,” Congress must explicitly grant authority to decide the issue.

Question 21

What is the Intergovernmental Immunity Doctrine?

Answer 21

States cannot directly regulate federal officers/agents while they are exercising authority or directly tax the federal government without the authorization of Congress.

Question 22

How does the Article IV Privileges and Immunities Clause limit states?

Answer 22

States may not discriminate against non-residents in the exercise of important commercial or fundamental rights, unless the discriminatory regulation is necessary to achieve an important state interest and there are no less restrictive means available.

Question 23

When can the Supreme Court grant a writ of certiorari to review a case from the highest state court?

Answer 23

When the case raises a substantial federal question (challenging Constitutionality of a law or claiming that a state law violates a federal law)

Question 24

What are examples of state taxes which are usually valid under the Dormant Commerce Clause?

Answer 24

“Use” taxes (taxes on goods purchased out of state but used in state), “doing business” taxes, taxes on instrumentalities of interstate commerce based on their property value if there are contacts w/ the state and tax is fairly apportioned

Question 25

What is the Speech and Debate Clause?

Answer 25

The Speech and Debate Clause grants immunity from prosecution to members of Congress for conduct in the regular course of the legislative process.

It also grants immunity to aides for conduct that would be immune if legislators engaged in it.

Question 26

What principle governs state regulation of corporations under the Dormant Commerce Clause?

Answer 26

States may regulate the internal governance of corporations incorporated within that state