Con Law I

Front 1

What are the five ways to analyze a constitutional question?

Back 1

1. textual
2. founder's intent
3.structural
4. historical
5. policy

Front 2

What is the test for standing?

Back 2

1. injury in fact
2. fairly traceable to the governmental action
3. redressability
(Warth)

Front 3

what are the prudential limits of standing?

Back 3

1.no third party actions except respodeat superior
2. no generalized grievances
3. no citizen standing, but Congress may designate a zone of interests

Front 4

test for association standing

Back 4

1.memebr must have standing
2. injuiry must be related to assoc. goals
3. nature of the injury and therelief that teh assocaiation is seeking is such that you do not need each person

Front 5

the political question test

Back 5

Court will not hear when:
1. there is a textually demonstraitve contittuional commitment to another branch or the state
Prudential limitations:
1. not without manageable judicial standards or intial policy determination
2. not when there is a need for adherence to another branch
3. there is a potential for national embarrassment

Front 6

advisory opinions

Back 6

prohibited by Art. III
can only adjudicate "cases and controversies"
should be avoided unless absolutely necessary to decide live dispute

Front 7

ripeness

Back 7

1. must allege actual or immenent harm
2. issue must be concrete, unless more harm by waiting

Front 8

mootness

Back 8

1. must still have issue
2. must be a live dispute
ex parte Yerger

Front 9

exceptions to mootness

Back 9

1.if there is a case of repetition, yet evading review
2. D's voluntary cessation of activity
3. collateral consequences remian (imprisonemt, threat of continual harm)

Front 10

When can the president act without authorization?

Back 10

1. emergency and
2. congress has not negate that particular action
(Steel Seizure)

Front 11

Executive Privilege Balancing test

Back 11

1. does the executive have a high interest in exercing the privilege?
2. Is the material essential to the court's/ legislatures investigation?

Front 12

areas in which the executive has a high interest in exercising his privilege

Back 12

military, diplomatic, national secrets

Front 13

areas in which the president ahs a LOW interest in exercising privilege

Back 13

generalzied interest/ confidentiality

Front 14

Flowchart of executive sending troops

Back 14

1. has he introduced troops with a declaration of war (yes=valid)
2.has the president received congresstional authorizations under the war powers resolution (yes=valid)
3. have us forces been attacked (yes valid, no=invalid after 60 days)

Front 15

formalist perspective

Back 15

strict separation fo powers, strikes down executive power

Front 16

functionalist perspective

Back 16

general checks and balandce, allows greater executive power

Front 17

If congress is silent on an issue, can the executive act?

Back 17

If on domestic affairs, may not fulfill legislative function. Steel seizure.
If foreign affairs/war power, he gets greater deference. Dames Moore.

Front 18

Bowsher

Back 18

congress can never directly remove exceptn for impeachment

Front 19

someone may be impeached for_

Back 19

treason, bribes, any other hgih crime

Front 20

who removes by impeachement

Back 20

house chooses, senate decides

Front 21

Wiener

Back 21

Prez may not remove non-executive officers unless Congress has conferred the right

Front 22

The appointment of principal officer is given to _

Back 22

the PResident with teh advice and consent of Congress

Front 23

Congress may vest teh appointment of inferior officers in _

Back 23

president, heads of departments, courts of law; can never directly appoint (Valeo)

Front 24

test for appointment

Back 24

1.is this an inferiror officer
2. is this upsetting the divisionof powers/checks and balances

Front 25

Art. 1 s 8

Back 25

taxing, spending, military, and commerce powers

Front 26

steps to constitutionality

Back 26

1. state its scope
2.are there anby plausible interpretations of the statute that would allow the court ot avoid a constitutional pronouncement
3. what regualtion/ statute/ power allows this
4. are there any external limits on the way congress can assert authority

Front 27

Implied powers doctrine

Back 27

congrees may exercise "necessary anbd proper" p[owers
Congressional means must have a rational basis to teh end (McCullogh)

Front 28

Gibbons v Ogdne

Back 28

Congress shall have the power to regulate commerc among the several states, and this power is plenary

Front 29

current test for Commerce power

Back 29

1. channel of commerce
2. instumentality/ thing/ person
3. substantiantial effect or relatioship to commerce
(Lopez)

Front 30

ambiguit for substantial effect favors _

Back 30

Congress (Morrison)

Front 31

Exceptions even if the commerce test is met

Back 31

1. Congress may not regulate non-economic acitivites (Lopez, Morrison)
2. may not regualte solely on teh conducts aggregate effect (Morrison)
3. May not interfere with areas of tradionally state law (criminal)

Front 32

KAtzenbach v Morgan

Back 32

issues not related to voting cannot fit under teh 15th

Front 33

for a statute to come under teh 14th

Back 33

1. must be remedial, proportional, and congruent (Florida prepaid)
2. may not pass a law interpreting the substance of teh 14th
3. congress mjust maintain constitutional restraints
(Boerne)

Front 34

the 14th _ reach private conduct, but it can_

Back 34

cannot, prohibit individuals from interfering with state officals (Morrison)

Front 35

TO come under the 13th

Back 35

1.action must be purposeful and invidious
2.congress determines the badges and incidents of slavery
3. if no statute, probably cover only peonage
Jones

Front 36

regarding the 11th, the 13th, 14th, and 15th _ it

Back 36

Overcome it, unlike commerce

Front 37

legislation=

Back 37

alteration or effecting legal rights, duties, and relations of people outside of congress

Front 38

Delgation to exective

Back 38

congress may take responsibiluity for an issue if it fits under teh commerce piwer and giving regulatory power to the executive; must have an intelligble principle

Front 39

necessary and proper clause

Back 39

congress may use any means that is:
1. rationally related tot eh exercise of an enumerated power, and
2. not specifically forbidden by the constituion

Front 40

for a treaty to be effective, it must be _

Back 40

ratified by 2/3 of the senate

Front 41

executive agreeemnt

Back 41

superior ot state law but cannot override previous act of congress

Front 42

Kahriger

Back 42

taxing statute will be upheld as long as it collects some revenue

Front 43

to come under spending power, congress action

Back 43

1. must be in pursuit of the general welfare
2.must condition receipt of the funds unambigously
3. must be related to teh federal policy interest
4.may not induce states to do something unconstituional
5. may not be excessively coercive
(South Dakota v Dole)

Hint 43

GUPUC

Front 44

To come under war power...

Back 44

the activity must be directly/substantially connected to a war cause (woods)

Front 45

Missouri v Holland

Back 45

laws must relate to the conditions in the treaty, once it is validly made, congress has the power

Front 46

the treaty power may contravene _ but not _

Back 46

commerce power, constitutional enumerations (Reid)

Front 47

to become law, legislation must...

Back 47

have bicameral passage and presentment to the president (chada)

Front 48

CLinton

Back 48

line item veto is unconstitutional becasue iot contravenes presentment

Front 49

chada

Back 49

a unicameral legislative veto over the power is unconstitutional

Front 50

Plaut

Back 50

Congres can not re-open cases that have reached final adjudication

Front 51

Mistretta

Back 51

cannot appoint ot something that is more appropriate for another branch

Front 52

to become law, legislation must...

Back 52

have bicameral passage and presentment to the president (chada)

Front 53

CLinton

Back 53

line item veto is unconstitutional becasue iot contravenes presentment

Front 54

chada

Back 54

a unicameral legislative veto over the power is unconstitutional

Front 55

Plaut

Back 55

Congres can not re-open cases that have reached final adjudication

Front 56

Mistretta

Back 56

cannot appoint ot something that is more appropriate for another branch

Front 57

Conhgress has no power to alter _ jurisdiction

Back 57

original

Front 58

congress can alter the appellate jurisdiction but cannot

Back 58

1. cut off all avenues of review
2. interfere with essential functions
3. control teh results in a particular case
5. entirely deprive someone of remedies
6. violate other individual liberties

Front 59

federal courts may not hear state liability cases (11th) unless _

Back 59

Congressionally imposed under the 4th or for injunctive relief

Front 60

the policy of self restriant is due to _

Back 60

1. the delicacy of teh judicial function
2. comparative finality of decisions resting on constittuional grounds
3. need tpo consider other branches
4. inherent limitations off the process

Front 61

checklist for the court to hear

Back 61

1. jurisdiction
brought under Art. III?
has Congress taken away?
2.standing, mootness, ripeness, political questions

Front 62

states are expressly prohibited from _

Back 62

making money, wagin war

Front 63

Us term limits

Back 63

cannot go beyond the qualifications set in teh const.

Front 64

Seminole tribe

Back 64

congress cannot abrogate the 11th under the commerce power

Front 65

Alden

Back 65

Congress cannot enact laws that require non-coinsetning states to submujt to suit in their own courts (but the states may consent)

Front 66

federal immunity from staete power has several rules:

Back 66

1. states may notn tax federal instrumentalites ina adirect and discriminatory way
2. tax exemptions also may not discriminate
3. state may not exercise police power over federal instrumentalities
HOWEVER, non-burdensome state regulations are acceptable.

Front 67

Davis

Back 67

tax emepotions may not discrimate agaisnt teh fed

Front 68

State tax commission

Back 68

states may not tax fed directly or discriminatorily

Front 69

Johnson

Back 69

state may not exercise police power over fed

Front 70

Art. VI

Back 70

Supremacy clause

Front 71

If congress and the states have passed laws that are not in direct conflkict, but the state action is contrary tot eh congressional goals of polcity or uniformity, you have _

Back 71

preeemption
express
field (war, foreign affairs, immmigration)
conflict (with the piurpose)

Front 72

prudential iunsurance

Back 72

congress may consent to any state law impinging on commerce unless it violates equal protection or fundamwental rights.

Front 73

City of Piladelphia

Back 73

discrimanatory state law have a nera per se rule of invalidity

Front 74

For discrimanatory laws, must ask:

Back 74

1. is the laws true effect to discrimnate against out of state or favor locals at expense of out of state
2.is there an important state purpose to which this program is related
3. does the legislation as worded closely supporet this purpose
4. is there a valid nondiscriminatory alternative

Front 75

Cloverleaf

Back 75

no valid alternative

Front 76

Washington Apple

Back 76

law discriminating against out of state interests

Front 77

for facially neutral laws, must ask:

Back 77

does the law at all burden interstate commerce, or cause inconsistent state regulations? (truck and train length, truck flaps);
if no, valid;
if yes must use balancing test

Front 78

balancing test for facially neutral laws

Back 78

If burden on interrstate commerce is greater than the benefits to regulating state, it is invalid. Pike Bruce.
Ambiguity in favor of state's purpose.

Front 79

Clover Leaf

Back 79

where burden on commerce is small, and the environmental benefits of a state law big, it is ok

Front 80

Kassel

Back 80

granting exceptions to benefit local business can make a law unconstitutional

Front 81

South central timber

Back 81

effects of a regulation msut be within teh state's borders and may not regulate down the stream of commerce

Front 82

Art. IV

Back 82

privileges and iummunities

Front 83

test for P and I

Back 83

1. must impact an interest that is fundamental to interestae harmony
2. must be a substantial relatiohshio between teh out of state actors regulating agaisnt and the cause of the problem in state
Union v Camden

Front 84

test for substantive due process

Back 84

1. does the substance of a law deprive or burden life, liberty or property
2. if so, is there a valid public purpose (if yes, generally health and welfare)
3. does the law closely support the valid purpose

Front 85

test for procedural due process

Back 85

has the system or judicial process derpived or burdened life, liberyt, or property
2. if so, and the individual is requesting a certtian procedure, use the balancing test:
1. impact on individual
2. cost to governement
3. what is the risk of error if the requested procedure not applied

Private interst +risk of deprivation balance with government's interest

Front 86

test for contracts clause

Back 86

1. does the state law impair an existing contractual relationshipo (Fletcher)
2. does the state law promote a significant and legitimate state purpose
3. does the law's means reasonably and narrowly conform to this purpose

Front 87

exception to an otherwise invalid act under the contracts clause

Back 87

no impairment when contract includes notice of potential government action to impair the contract (Energy Reserves group)

Front 88

Qeustions for takings

Back 88

1. is there a taking
2.is there a valid public purpose
3. is the taking related to teh public purpose or is it clearly excessive in relation to the harm of the indicvidual

Front 89

if something is "taken" what can happen

Back 89

if failed test, taking is unconstituitonal and must give it back
if passed the test, take and pay compensation

Front 90

exceptions to the takings clause

Back 90

1. if the person never possessed the right (marijuana)
2. if therte was fair notice that a regulatory agency could change its policy

Front 91

Miller cedar

Back 91

taking the land for public nuisance, emergency is ok

Front 92

Hawaii housing

Back 92

if the government takes the land for a valid public purpose other thatn emergency, take and compensate;
if no valid public purpose, it is unconst.