Terms & Rules Flashcards
Learn vocab and Rules
Standing
Art. III
- Injury
- Causation
- Redressability
Cases: Allen v. Wright | Lujan v. Defenders of Wildlife | MA v. EPA
writ of mandamus
an order for a public agency or governmental body to perform an act required by law when it has neglected or refused to do so.
Judicial Power - Art. III
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
-Marbury v. Madison & Martin v. —Hunter’s Lessee established that Supreme Court interpret the constitution & may strike down Fed and States acts inconsistent.
Congress’ Enumerated Powers
Art.I (8): Powers to Tax, Spend, and over Commerce, Necessary & Appropriate Clause
Art I (9): Appropriations Clause
10th Amendment
the powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
21st Amendment
Section 2: Ended prohibition & Reserved the power to regulate liquor to the States
Supremacy Clause Art. VI
The Constitution and laws of Congress, all treaties made, are the supreme law of the land. (Federal gov’t is supreme)
Justiciability
Reapportionment is justiciable (Baker v. Carr) but gerrymandering is not (Rucho v. Common Cause)
(1) Textualism: Does the constitutional dedicate power to another political branch?
(2) a lack of judicially discoverable and manageable standards for resolving the issue
Guarantee Clause Art. IV (4)
Republican form of govt is a political question and therefore nonjusticiable
Rucho v. Common Cause
Appropriations Clause (Art 1 (9)
Article I, Section 9, Clause 7: No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
Pending Case: CFPB Case which received $$ directly from Federal Reserve and not appropriated by Congress
Writ of Habeas Corpus
The “Great Writ” of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means “show me the body.”
Bouemediene
Suspension Clause
Article I (9) Suspension Clause for habeas corpus only in times of ….
Dormant Commerce Clause
If a law discriminates against out of state laws it can violate the DCC unless its action is necessary to achieve an important governmental purpose. There is no violation if Congress approves of the legislation using its commerce powers or if the market participant exception applies (Timber v. Alaska). If the law doesn’t discriminate against of out state commerce (Dean Milk Co. City of Philadelphia v. NJ) but can violate the DCC is its burdens exceed its benefits (Pike Balancing Test). However, some comparative benefits and losses cannot be compared (Pork CA case)
(Thomas and Scalia don’t believe in the DCC aruge commerce clause says nada about prohibiting state laws that burden commerce, much less about judges setting aside state laws they believe burden commerce “judicial fraud”)
Equal Protection Clause (14th amendment)
“nor shall any State … deny to any person within its jurisdiction the equal protection of the laws”. This clause requires states to treat people in similar situations equally, and to govern impartially without distinguishing between people based on irrelevant differences.
Crucial for protection of civil rights.
Punitive damages under the Due Process Clause
If the ratio between actual and punitive damages arent a reasonable relationship may be GROSSLY EXCESSIVE.
Thomas & Scalia believe punitive damage limitations are “unjustified incursion into state govt decision”
