Conlaw I

Front 1

Issue: Laws enacted by congress vs. Supreme Court interpretation.

Back 1

Marbury v. Madison
Where the Constitution, as interpreted by the Supreme Court, conflicts with laws or actions enacted by Congress, the Supreme Court may declare such laws or actions unconstitutional and invalid.

Front 2

Issue: What type of judicial analysis was used for Lawrence v. Texas

Back 2

Fill in the blank here.

Front 3

Issue: Whether the Supreme Court can review state court decisions in civil cases.

Back 3

Martin v. Hunter's Lessee established the power of the Supreme Court to rev iew state court decisions in civil cases.

Front 4

Issue: May Congress repeal the Supreme COurt's appellate jurisdiction?

Back 4

(Ex Parte McCardle) Although the Supreme Court's appellate jurisdiction is derived from the Constitution, Congress has the power to make exceptions and regulations to this jurisdiction.

Front 5

Did Congress surpass its COnstitutional authority when it enacted a law dismissing federal court jurisdiction on claims against the government supported by presidential pardons?

Back 5

(United States v. Klein) Congress violated the separation of powers by passing a law rescinding the Supreme Court's appellate jurisdiction AND interfereing with the Executive's exclusive power to pardon.

Front 6

Does the political question doctrine bar the federal courts from deciding the question of whether Congress, by majority vote, has the discretionary authority to deny a member-elect membership?

Back 6

Power v. McCormack: The political question doctrine does not bar the federal courts from deciding a case concerning Congress's powers to determine its membership when the text of the Constitution does not specifically commit the issue in the case to Congressional resolution.

Front 7

Is a challenge to a conviction on impeachment articles by the Senate justiciable?

Back 7

(no - Nixon v. US) The judiciary may not review the Senate's trial of an impeached official.

Front 8

Does an individual's status as a taxpyer give that person standing to challenge Congressional expenditures in violation of the First Amendment Establishment and Free Exercise clauses?

Back 8

(yes - Flast v. Cohen) Taxpayer status is sufficient to confer standign on an individual to bring suit in federal court to challenge the constitutionality of federal spending in violation of the First Amendment Free Exercise and Establishment clauses.

Front 9

May Congress constitutionally establish/incorporate a national bank? May a state impose restrictions/controls on federally established agencies against the federal government's directives?

Back 9

(yes / No - McCulloch v. Maryland) Under the Necessary and Proper Clause, Congress may enact legislation so long as its ends are legitimate under the Constitution and the legislation is appropriate and plainly adapted to those ends.

Front 10

May a state legislate in the area of interstate commerce in a way the conflicts with federal law?

Back 10

(no - Gibbons v. Ogden) The federal commerce power extends to all commerce among and between the states and foreign nations, with only commerce having connections solely within a single state being unreachable under the commerce power.

Front 11

Is the Congressional power to regulate commerce exclusive of all state powers to regulate commerce?

Back 11

(No - Cooley v. Board of Wardens) The Congressional power to regulate commerce is not exclusive of all state powers to regulate commerce.

Front 12

May Congress, pursuant to its commerce power, regulate the manufacturing of goods, before any have actually entered the stream of interstate commerce?

Back 12

(no - US v. Knight) Manufacturing is separate from "commerce" because it occurs before any goods are transported in interstate commerce, and thus the federal government may not regulate manufacturing in and of itself.

Front 13

May Congress regulate intrastate commerce where it is found to affect interstate commerce?

Back 13

(yes - Houston, EW Texas Railway Co. V. US) Congress has authority to regulate intrastate commerce where it has the potential to affect interstate commerce absent federal regulation.

Front 14

Does the commerce power extend to goods moved in interstate commerce after they have arrived and been sold in their state of final destination?

Back 14

(no ALA Schecter Poultry v. US) Once goods that have traveled in interstate commerce are sold or disposed of in the state of their final destination, they are no longer in interstate commerce and thus not subject to federal law.

Front 15

May Congress rely on the Commerce Clause in attempting to regulate local activities, such as child labor, by prohibiting the interstate transportation of goods manufactured through such local activities?

Back 15

(No - Hammer v. Dagenhart) The commerce power does not allow Congress to regulate in areas traditionally left up to the states' police power, such as the area of child labor laws.

Front 16

Is the prohibition of the interstate shipment of items adjudged to be evil or pestilent within Congress' authority under the Commerce Clause?

Back 16

(yes - Champion v. Ames) Congress may, pursuant to the Commerce Clause, prohibit the interstate shipment of items adjudged to be evil or pestilent in order to rpotect the commerce concerning all states.

Front 17

May Congress exercise its commerce power in the area of labor-mangement relations?

Back 17

(yes - NLRB v. Jones & Laughlin Steel) Congressional power to regulate interstate commerce extends to the regulation of intrastate activities that may burden or obstruct interstate commerce.

Front 18

May Congress exercise police powers by excluding from interstate commerce articles the production of which deteriorates the public health, morals or welfare of the nation?

Back 18

(yes - US v. Darby) Congress has the authority, under the Commerce Clause, to exclude any article from interstate commerce, in judgment that they are injurious to the public health, morals or welfare.

Front 19

Does the commerce power extend to the regulation of the production of items not intended for distribution in the national market existing for such items?

Back 19

(yes - Wickard v. Filburn) Congress' commerce authority extends to all activities having a substantial effect on interstates commerce, including those that do not have such a substantial effect individually, but do when judged by their national aggregate effects.

Front 20

May COngress exercise the commerce power by regulating local activities that are seen as exerting a substantial and harmful effect on interstate commerce?

Back 20

(Yes - Heart of Atlanta Motel, v. US) Congress has the power, under the Commerce Clause, to regulate local activities that could reasonably be seen as exerting a substantial and harmful effect upon interstate commerce.

Front 21

Does a commercial enterprise serving the public fall within the reach of Congress' commerce authority when it sells goods a substantial portion of which have moved in interstate commerce?

Back 21

(Yes - Katzenbach v. McClung) Congress' commerce authority extends to any public commercial establishment selling goods that have moved in interstate commerce and/or serving interstate travelers.

Front 22

Does the commerce power extend to regulation of activities having only a potential attenuated and distended effect upon interstate commerce?

Back 22

(no - US. v. lopez) Congressional authority to regulate pursuant to the Commerce Clause extends to only those activities that rationally implicate
(1) channgels of interstate commerce
(2) the instrumentalities of interstate commerce
(3) activities having a substantial effect upon interstate commerce.

Front 23

May Congress regulate under the Commerce Clause local activities that are no economic in nature?

Back 23

(no - US v. Morrison) Congress may not, pursuant to the Commerce Clause, regulate a local activity solely on the basis that it has substantial effects on interstate commerce when viewed in its nationwide aggregate.

Front 24

May Congress compel state and local government officials to implement and administer federal regulatory programs

Back 24

(no - Printz v. US) Congress does not have authority to compel states to enact, enforce, or administer federal regulatory programs, and cannot circumvent this prohibition by conscripting state officials directly.

Front 25

May Congress regulate state activities that necessarily impost costs of compliance?

Back 25

(Yes Reno v. Condon) States are required to comply with constitutionally valid legislation regulating state activities, even when compliance means incurring additional costs to be borne by the States.

Front 26

Does Title II of the American with Disabilities Act of 1990 exceed Congress's power under S5 of the 14th Amendment?

Back 26

(no - Tennessee v. Lane) To abrogate the states' 11the Amendment immunity, Congress must have unequivocally expressed its intent to abrogate that immunity and do so under a valid grant of constitutional authority.

Front 27

Do any of Congress's enumerated powers under Arcle I authorize it to abrogate the States' sovereign immunity from suits in its own courts?

Back 27

(no - Alden v. Main) Congress does not possess the authority under its Article I powers, to abrogate the States' sovereign immunity from suits in its own state courts.

Front 28

Was the President's Executive Order taken temporary possession of private property without the consent of the property owners unconstitutional?

Back 28

(yes - Youngstown sheet and Tube v. Sawyer) The PResident of the US does not have the inherent authority to order the involuntary surrender of private property to the government.

Front 29

Are teh President's confidential communications subject to an absolute privilege?

Back 29

(no - US v. Nixon) Conversations between the President and his advisors are generally privileged, but the privilege is not absoute.

Front 30

May Congress grant the President the authority to cancel portions of legislation after it has been anacted?

Back 30

(no - Clinton, V. City of NY) The Line Item Veto Act is unconstitutional.

Front 31

May Congress delegate unrestrained alw making authority to the executive branch?

Back 31

(no - Schechter Poultry v. US) Congress may not delegate law making authority to an executive agency without prescribing specific standards for exercise of that authority.

Front 32

Is the one-house "ligislative veto" unconstitutional, even when authorized by aproperly enacted statute?

Back 32

(yes - INS v. Chadha) Legislative action is not legitimate unless there is bicameral approval and presentment to the President.

Front 33

Will a state law be preempted if it stands as an obstacle to the accomplishment of the full purposes and objectives of Congress?

Back 33

(yes - Pac Gas and Electric) State law is preempted if it stands as an obstacle to the accomplishment of th efull purposes and objectives of Congress; however, the Court will not interfere where there is a permissible basis for the state law.

Front 34

May a state deny a license for a new plant to acquire and ship milk in interstate commerce on the grounds that such limitation on interstate business will protect and advance local economic interests?

Back 34

(No Hood) States may not enact laws that burden the exportation of local products in order to protect and advance local economic interests.

Front 35

Does a state law placing width and weight limitations on trucks operating on state highways impose an unconsitutional burden on interstate commerce?

Back 35

(no - SC Highway v. Barnwell brothers) A state law placing width and weight limiations on trucks operating on state highways does not impose an unconstitutional burden on interstate commerce so as to violate the Commerce Clause.

Front 36

Are the benefits of a purported state safety-measure law limiting th elength of trains outweighed by the burdens on interstate railroad commerce?

Back 36

(yes - South Pac v. Arizona) In deciding whether a state law - created for its safety measures - violates the Commerce Clause, the court will balance the benefits of the alw against the burdens it imposes on interstate commerce.

Front 37

Is it a violation of the Commerce Clause for states to enact laws that attempt to conserve natural resources for use by their own residents?

Back 37

(yes - Hughes v. Oklahoma) It is a violation of the Commerce Clause for states to enact laws that attempt to conserve natural resources for use by their own residents.

Front 38

Does a state pricing order, which imposes a tax on the sale of local products, the proceeds of which are distributed as a subsidy to in-state producers of the product, discriminate against interstate commerce?

Back 38

(Yes - W. Lynn Creamers) A state pricing order, which imposes a tax on the sale of local products, the proceeds of which are distributed as a subsidy to in-state producers of the product, discriminates against interstate commerce and thus is unconstitutional under the Commerce Clause.

Front 39

Does a local health ordinance that places a discriminatory burden on interstate commerce violate the Commerce Clause when reasonable and adequate alternatives are available?

Back 39

(Yes - Dean Milk) Where reasonable and adequate alternatives are available, a local health ordinance that places a discriminatory burden on interstate commerce violates the Commerce Clause.

Front 40

May a State, acting as a market participant, impose conditions on "down-stream" market participants without violating the dormant Commerce Clause?

Back 40

(no - S-Central Timber v. Alaska) Although state-owned businesses may favor resident purchasers, they may not attach conditions to the sale of products that will burdent interstate commerce.

Front 41

Does the practice of law constitute a "fundamental right" subject to protection under the Privileges and Immunities Clause?

Back 41

(yes - NH v. Piper) The opportunity to practice law is a fundamental right 2) there is no substantial reason for denying bar admission in a State to non-residents; and 3) such discrimination does not bear a close relationship to the State's objectives.