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10 Cards in this Set

  • Front
  • Back
Taxpayer standing?
No. With exception of establishment clause. Flast v. Cohen
Two standing requirements?
Injury in fact

Dorr Rebellion
Political Question Doctrine. Republican Form of Government Clause
If defendant wins both a state law battery claim and a federal discrimination claim and gets the same damages, is it appeallable?
No. If State decision rests on state and federal law, and reversal of the federal judgment will not change the outcome of the case, then the Supreme Court can not hear it.
11th Amendment
11th Amend. bars naming a state as a  in federal court. Citizen of one state cannot sue another state. Overturned Chisholm v. Georgia. South Carolina merchant sued state of George for Revolutionary War Debt
Congress has no police power.
What are four exceptions?
1) Washington, D.C.
2) Indians.
3) Military.
4) Federal Land.
Commerce clause--three areas that make up interstate commerce?
a. Channels of interstate commerce.
b. Instrumentalities or persons or things in interstate commerce.
c. Activities that have a substantial effect on interstate commerce.
1) Economic impact.
2) If area being regulated is non-economic, then substantial effect can not be based on cumulative impact (i.e, violence against women).
Massachusetts v. Mellon
10th Amendment Limitation
a. Congress may not compel state action.
b. Congress may induce state action by putting strings on grants that expressly state the conditions. Massachusetts v. Mellon (maternity grant; arguent is that state can choose)
Is there any limit on Congress’ power to delegate legislative power to executive or judiciary.
says “excess of delegation.”
a. Ex: U.S. sentencing guidelines.
b. It is never a right choice if the answer
What is different between treaty and executive agreement?
1. Treaty is ratified by Senate. 2. Both trump state law, and both are trumped by constitution, but executive agreement only is trumped by federal law