Legislative Branch Flashcards
What are Congress’s sources of power to create laws?
Commerce Clause
Spending Clause
Amendments to Constitution
Other
COAST
What is a limit on Congress’s Power?
The 10th amendment: No commandeering
Messing with individual rights
Congress may impose conditions on federal funding if
- Clearly stated
- Program conditioned is related to the law or action sought to be followed by the state
- Condition is not unduly coercive
What is the difference between the commerce clause and the dormant commerce clause?
The CC is a source of congress’s power
DCC is a limitation to states
How can a discriminatory state law be valid?
- It meets the scrutiny test (Necessary to achieve an important non-economic interest)
- Market Participant
- Congressional Approval
- Traditional Public Function (Lower tuition for in state students)
Discriminatory state laws are nasty like SPAM
Taxing and Spending Clause
Gives congress the power to spend for the general welfare (any public purpose).
Ex: Spending $ to figure out ways to cut the cost of water and decide water shortages is a proper use of Congress’s power to spend for the general welfare)
Substantive Due Process
Prohibits state and federal government from regulating certain areas of life involving areas of human life that are considered fundamental or highly valued.
- ID the fundamental right (or lack thereof)
- Select appropriate level of scrutiny
- Apply the scrutiny
Nonfundamental rights (For substantive due process)
Education
Physician assisted suicide
Education
Social welfare
Economic
Rational Basis
Challenger must show there is no rational relation to a legitimate government state interest
Equal Protection Clause
A state statute that treats similarly situated persons differently can be in violation of the equal protection clause.
Ex: In state v. Out of state citizen paying taxes, only legitimate children from two parents qualifying to receive from a will
Equal protection intermediate scrutiny classes
Gender, nonmarital children, education rights of alien children
Intermediate Scrutiny
State must show the law is substantially related to an important state interest
Content based regulation scrutiny test
Content based regulations must meet strict scrutiny
Necessary to achieve a compelling govt. interest
Speech and debate clause
Members of congress are immune from civil and criminal liability for any official legislative activity.
Extends to legislative aids.
Section 5 of the Fourteenth Amendment
Gives Congress power to enact appropriate legislation to enforce rights guaranteed by the 14th amendment. Appropriate when
- Seeks to remedy or prevent state action that violates the 14th amendment AND
- Narrowly tailored
Ministerial Exception to Discrimination Laws
Religious institutions can rely on “ministerial exception” to federal and state employment discrimination laws in their decision to hire or fire minisrers.
In Con Law bc although there is no govt. action, it protects them from being sued under federal or state law!! Call will say they are being sued under federal law that prohibits discrimination.
Presidents Power to Issue Pardons
President my grant pardons for FEDERAL (not civil) offenses
EXCEPT: Cases of impeachment
What is section 2 of the Fourteenth Amendment?
Permits states to prohibit felons from voting in elections
This is like an exception to the 14th amendment equal protection clause
Fundamental rights being imapired triggers what analysis?
Substantive Due Process.
SDP prevents states from depriving individuals of fundamental rights (First amendment rights, voting, travel, privacy) unless strict scrutiny is shown
If an ordinary right is at issue, then use rational basis.
Eleventh Amendment
Provides immunity to states from any FEDERAL suit bought by private parties against a state.
- Extends to suits against state officials for a violation of state law. Even if the remedy that is sought is injunctive relief.
Except:
No immunity if suit by US, local government, or bakruptcy proceedings
EX: Resident sues an official in FEDERAL court for violation of a state law. The state official can move to dismiss under the 11th amendment because resident bought it in federal court against an official.
Eleventh Amendment
Provides immunity to states from any FEDERAL suit bought by private parties against a state.
- Extends to suits against state officials for a violation of state law. Even if the remedy that is sought is injunctive relief.
Except:
No immunity if suit by US, local government, or bakruptcy proceedings
EX: Resident sues an official in FEDERAL court for violation of a state law. The state official can move to dismiss under the 11th amendment because resident bought it in federal court against an official.
Abstention Doctrine
Requires federal courts abstain from issuing delcaratory judgement or injunction if doing so would interfere with a pending state criminal, or civil proceeding that
1. Involves important state interest
2. Provides adequate opportunity to litigate federal issues
Framework for Individual Rights
- First Amendment (SAR)
- Equal Protection
- Due Process (SDP + PDP)
- Takings
When is strict scrutriny triggered under the Equal Protection clause?
When the law classifies on race, alienage, or involves a fundamental right
