Midterm Concepts

Question 1

Separation of Powers

Answer 1

Constitution provides set powers that potentially overlap.

Question 2

Checks and Balances

Answer 2

Each branch has enough significant power to check another to ensure limited abuse of federal power.

Question 3

Jurisdiction

Answer 3

A court’s ability to hear and make a ruling on a case.

Question 4

Original Jurisdiction

Answer 4

Ability to hear a case for the first time.

Question 5

Appellate Jurisdiction

Answer 5

Power to review a lower court’s decision.

Question 6

Justiciability

Answer 6

Court’s power can only extend to cases and controversies
Case must be appropriate for judicial resolution

Question 7

Advisory Opinions

Answer 7

An opinion issued by a court indicating how it would rule on a question of law should such a question come before it in an actual case. U.S. federal courts do not hand down advisory opinions, but some state courts do.

Litigation/ issues are considered abstract, as no real controversy exists.

Question 8

Collusive Suits

Answer 8

Courts will not hear cases in which litigants do not have adversity between them (e.g. must be two adverse parties; civil or criminal).

Reasons court may overlook: Suit presents a salient controversy & temptation to set policy is too big.

Question 9

Ripeness

Answer 9

Cases that are brought to the court too early (i.e. controversy is premature for review).

Question 10

Political questions

Answer 10

A matter that the Supreme Court deems to be inappropriate for judicial review and believes it is better for another branch of government to solve. (i.e. the “cases” and “controversies” that are of a judicial nature.)

Question 11

Standing to Sue

Answer 11

Under Article III. parties suing must have standing (legal injury, possibility of a legal or monetary remedy, tangible interest in the outcome, adversity with the opposing party, etc.).

1. injury
2. causation and redressability
3. NO 3rd party
4. No general grievances

Question 12

Generalized Grievances

Answer 12

Cases where the party suing is not personally impacted by what they are suing (e.g. taxpayer suits where the taxpayer is suing the federal government without proper standing, see Flast v Cohen).

Question 13

Exclusion

Answer 13

When the House or Senate bars an elected member from participating for not meeting all of the constitutional requirements for membership (exclusion can include losing committee seats, voting rights, etc.).

Question 14

Expulsion

Answer 14

When a member of the House or Senate is removed from office. This can occur at will.

Question 15

Enumerated Powers

Answer 15

Powers the Constitution expressly grants

Question 16

Implied Powers

Answer 16

Not expressly granted but implied by powers previously stated (Foundation is the necessary and proper clause Art 1, Sec. 8)

Question 17

Amendment Enforcing Powers

Answer 17

Those contained in some constitutional amendments that provide Congress with the ability to enforce them

Question 18

Equal Sovereignty

Answer 18

Limits Congress’s ability to enact legislation that subjects different states to unequal burdens, at least without a sufficient justification.

Question 19

Electors

Answer 19

A person who is certified to represent their state’s vote in the Electoral College. Cast their votes in the Electoral College.

Question 20

Executive Privilege

Answer 20

Definition: The privilege, claimed by the president for the executive branch of the US government, of withholding information in the public interest
Does/ does not apply: Does apply if the evidence will bring danger or prevent confidentiality. Does not apply to personal crimes (i.e watergate tapes)

Question 21

Executive Immunity

Answer 21

Definition: ​​An immunity granted to officers of the executive branch of government from personal liability for tortious acts or omissions done in the course of carrying out their duties.
Does/ does not apply: Applies when they are being sued for actions taken for presidential duties. Does not apply to personal crimes.

Question 22

Strict Scrutiny

Answer 22

Usually used when the government is sued for discrimination. Government must prove that it has a necessary and compelling state interest.

Question 23

Limited on the exercise of Implied Powers

Answer 23

Must help carry into execution an enumerated power or congressional responsibility, must be rationally related.

Question 24

Limits on Amendment Enforcing Powers

Answer 24

Must be compatibility and proportionality between the harm to be prevented/remedied and means adopted

Question 25

Inherent Powers: Congress’s Power to Investigate

Answer 25

Inherent powers are powers that are neither explicit, nor implied, but are given to sovereign states. To legislate, congress must have the power to investigate which is an inherent/implied power of legislative bodies. This power is not enumerated by article 1 but the need for intelligent legislative action requires cooperation by everyone that can provide information that congress seeks.