Power Flashcards
Federal Government Powers
Judicial power, legislative power, and executive power
State or Local Government Powers
State and local governments have the police power to protect health, safety, welfare, and morals
Federal Judicial Power Requirements
Article III Case and Controversy Requirement, Jurisdiction, Creation, Eleventh Amendment Immunity
Ripe
Must be an immediate threat of harm
Moot
Must be a live controversy at all stages of litigation unless controversy capable of repetition yet evading review, defendant voluntarily ceases, or class action representative claim moot with class member claims still viable
Standing
Litigant myst have a concrete stake in the outcome
Individual Standing
Requires an: (1) injury in fact; (2) causation; and (3) redressability
Organizational Standing
(1) Individual member standing; (2) germane to organizational purpose; and (3) individual member participation is not required
Taxpayer Standing
No general citizenship standing unless challenging government tax and spending measures under the Establishment Clause
Third-Party Standing
(1) claimant must have standing on his or her own; and (2) it must be difficult for the third-party to assert rights or there must be a special relationship
Pullman Abstention
Federal court can abstain based on unsettled state law
Younger Abstention
Federal court will not enjoin pending criminal proceedings absent proven harassment or bad faith
Political Question
Constitutional commitment to another branch and lack of judicially manageable standards
Original Jurisdiction
Supreme Court has original jurisdiction affecting ambassadors, public ministers, consuls, and party states
Appellate Jurisdiction
Supreme Court has appellate jurisdiction in all federal power cases subject to congressional exceptions and regulations
Writ
Discretionary review, petition request for all cases from federal courts of appeals and only state courts involving constitutional or federal law
Appeal
Mandatory review, three-judge district court panels
Adequate and Independent State grounds
State decision based on state law grounds such that decision by U.S. Supreme Court would constitute an advisory decision on US law and thus not change the outcome of the case, the Supreme Court will not here the case
Creation
Congress can establish lower courts (i.e., limits on subject matter jurisdiction) and congress can broadly regulate subject to Article III requirements
Eleventh Amendment
Prohibits federal courts from hearing private party or foreign government claims against states
Eleventh Amendment Exceptions
Local municipalities, actions by United States or other states, state officer suits to enjoin future constitutional or federal law violations or actions for damages against officer personally payment, state consent (must be unequivocal and express), or Congressional abrogation
Interstate Commerce Power
Congress may enact legislation the regulates channels, instrumentalities, or activities that have a substantial effect on interstate commerce
Taxing Power
Congress can enact legislation if there is some reasonable relationship to revenue production or independent congressional power to regulate
War
Congress can declare war, raise armies and provide for navy, and U.S. citizens have a meaningful opportunity to contest the detention of enemy combatants before a neutral decision-maker
Other Legislative Powers
Implied investigator power, property power, postal power, bankruptcy, plenary neutralization/citizenship, admiralty power, coin money and fix weights and measures, parent and copyright power, Thirteenth Amendment power, Fourteenth Amendment Power, Fifteenth Amendment, delegation power, speech and debate clause, no legislative veto without bicameralism and presentment, and necessary and proper clause
Fourteenth Amendment
Congress can enforce, by appropriate legislation (congruent and proportional), to remedy rather than create constitutional rights against states
Thirteenth Amendment
Congress can outlaw badges and incidents of slavery
Fifteenth Amendment
Congress can enact legislation to enforce voting rights
Appointment Power
The executive branch may appoint ambassadors, public ministers, consuls, justices, and officers with advice and consent of the Senate
Removal of Superior Officers
Superior officers can be removed by the executive branch without congressional interference
Removal of Inferior Officers
Inferior officers can be removed only for good cause if provided by statute
Pardon Power
The executive branch can pardon for all federal offenses but not if impeached or held in contempt
Veto Power
The executive branch has veto power; Congress may override veto by 2/3 vote in each house, there will be an automatic veto if Congress is not in session during the 10 day veto review period; there cannot be any line item vetoes
Foreign Affairs
The executive branch does not have the power to declare ware but has military power in actual hostilities, has the power to represent the U.S. in foreign relations, has treaty power to enter into a treaty with advice and consent of 2/3 senate, and may make executive agreements without consent of the senate
Executive Privilege
The executive branch is given great deference unless a demonstrated need in criminal proceedings
Executive Immunity
The executive branch has absolute immunity from civil damages based on action within the executive’s official responsibilities
Impeachment Limits
To impeach there must be treason, high crimes, bribery, and misdemeanors with majority of house to impeach and 2/3 of senate to convict and remove from office
