midterm 1 Flashcards
Judicial Review
The Supreme Court’s power to review the constitutionality of a governmental law or action
“Declaring laws unconstitutional”
Decision on the Merits
Decision about the legal questions raised in the case (not reached)
They did not get to the legal question for another reason
Standing
The party must have suffered a concrete injury or be in imminent danger of suffering such a loss
The injury must be traceable to the defendant,
The party must show that a favorable court decision will provide a remedy
Limits on Judicial Power
Advisory Opinions
-Case must contain an actual controversy
Collusion
-Court will not hear cases where both parties want the same
outcome; there is no controversy between the parties, or parties
are merely testing the law
Mootness
-Court will not decide cases when there is no longer a controversy
Already been resolved
Ripeness
-Court will not hear cases that have been brought too early
EX: before a law goes into effect
Political Questions (Baker v. Carr)
Separation of powers
-Legal question involving co-equal branches of government
Foreign Affairs
-Court should not risk embarrassing the US abroad
Judicially manageable standards are lacking, no judicial remedy or standard for review
Article I, Section 8
Enumerated Powers and Necessary and Proper Clause
Commerce clause
“The Congress shall have the power to regulate commerce with foreign nations, and among the several states and with the Indian tribes.”
Implied Power of Investigation
Implied powers come from enumerated powers, and necessary and proper clause, legislative function
Article II, Section 2, Clause 3
“The president shall have the power to fill up all vacancies that may happen during the Recess of the Senate,” by granting Commissions which shall expire at the End of their next session
Federalist 77:
“The consent of that body (the senate) would be necessary to displace as well as appoint.”
Formalism
Distinct, separate powers
Functionalism
Shared powers
Youngstown Test
First, when the President acts with the express or implied authorization of Congress then the President’s authority is at its greatest.
Second, in the absence of either a congressional grant or prohibition then the President acts in a zone of twilight.
The third circumstance is when the President takes measures that go against the expressed will of Congress, his power is at its lowest.
Power To Tax
Enumerated Power
Tax Imports
Impose Taxes on manufacturing, sale, or use of goods
Requires uniform taxation across the states.
Limitations on Power to Tax
Article 1, Section 9: Direct Taxes should be apportioned on the basis of population.
Article 1, Section 10: Prohibits the states from imposing any duty on imports or exports, as well as any tax on the cargo capacity of vessels using the nation’s ports.
Excise Tax
Taxes paid when purchases are made on a specific good, such as gasoline.
Direct Tax
Tax paid directly by an individual or an organization like an income tax.
Power to Spend
Funds may be raised to pay government debts, to fund the nation’s defense, and to provide for general welfare.
Gerrymander
To manipulate the boundaries of an electoral constituency so as to favor one party or group.
Anti-Commandeering Doctrine
Congress can encourage states to adopt its policy preferences but cannot compel state regulation
Federal legislation preempts states law when
Congress expressly states that the law is intended to supersede state action
The scheme of federal regulation is pervasive enough that Congress leaves no room for state action.
The federal concern is such that it precludes state involvement.
State and national law conflict, making compliance with both impossible or where the state law impedes implementation of the national law.
Sovereignty
Supreme power or authority/ of a self governing state
Sovereign immunity
Principle that one cannot sue a sovereign, rooted in British monarchy
When the Supreme Court vacates a low court’s decision, it means that the lower court’s ruling is:
Rendered void, as if the that ruling never occurred.
writ of mandamus
A court order telling a member of the executive branch to do something.
habeas corpus
A prisoner’s right to challenge the legality of his/her detention in a court.
Certiorari
The first step in appealing to the Supreme Court.
Injunction
A court order telling a government entity to do or stop doing something.
In Wayman v. Southard (1825), the Supreme Court allowed Congress to delegate authority to the judiciary to create its own rules and procedures. This type of ruling adopts a ______ approach.
Functional
In South Carolina v. Katzenback (1966) the Supreme Court upheld the Voting Rights Act as an example of Congress’s:
Amendment enforcing powers.
The __________ Clause in Article I gives members of Congress immunity during legislative sessions.
Speech and Debate
The __________ doctrine states that a law is unconstitutional if it is so unclear that a person cannot understand what is being criminalized.
Void for vagueness
In Trump v. Marzas (2020) the Court ruled that:
Congress can subpoena the president’s personal documents but must first show the need for the documents and that the documents serve a valid legislative purpose.
In Bush v. Gore (2000), the Supreme Court found that the state court’s vote counting procedures violated the 14th Amendment, because:
States must use the same procedure to count all votes in the state.
Article VI, states that:
Federal law is supreme law and states are bound by it.
