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80 Cards in this Set
- Front
- Back
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Supreme Court Jurisdiction Per Article III
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• Original (small)
• Appellate (small) • Discretionary: Writ of Certiori ○ Rule of 4: if four justices want to hear it then the court will ○ Resolve conflict among circuit or state courts ○ Novel questions |
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Marbury v. Madison
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Establishes the authority for the judiciary to review the constitutionality of executive and legislative acts
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Article III Original JN
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suits “affecting ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party.”
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Jurisdiction Stripping Constitutional Basis
Article III Section II |
The SC shall have appellate JN both as to Law and Fact, with Such Exceptions, and under such Regulations as the Congress shall make.
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Ex Parte McCardle
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The court held congressional legislation that denied Haebeus Corpus Review Q'al
-Can stand for the court is allowed to do this -Can Stand for the other as well, because HC review was still available via other means... |
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United States v. Klein
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Legislation telling the Supreme Court how to interpret facts (presidential pardon=trader) was not considered Qal
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Constitutional Requirements of Standing
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1) Must allege injury suffered or will suffer imminent injury
2) Injury is traceable to D’s conduct A favorable federal court decision will redress the injury |
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Prudential Requirements of Standing
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1) Can only assert his or her own rights, and not rights of third parties
2) Cannot sue as a taxpayer who shares a grievance in common with all other taxpayers 3) Party must raise a claim within the zone of interests protected by the statute in question |
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Exceptions allowing the assertion of rights of 3rd party
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1) It is expressly granted by congress
2) Enforcement of the challenged restriction against the litigant would result indirectly in violation of the third parties rights (taxpayers are not subject to zoning requirement) 3) Adversely affect a relationship existing between them and the persons whose rights are effective 4) Prosecution of the suit is necessary to insure protection of the right asserted (It wont be done unless the third party does it) |
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Warth v. Seldin
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The court invalidated a zoning law preventing low income housing
-Potential Homeowners=No Injury -Tax Payers=Barred by prudential restrictions (they were not subjected to the restrictions so asserting rights of 3rd parties) -Associations (no injury) -Homebuilders (no injury) |
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Village of Arlington Heights
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-D showed that there was a viable project so there was standing
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Baker v. Car Reasons for political question
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1) Textually demonstrable commitment of the issue to a coordinate political department
2) Lack of judicially discoverable and manageable standards of resolving it 3) Impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion 4) Impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of the government 5) Unusual need for unquestioning adherences to a political decision already made 6) Embarrassment from multifarious pronouncements by various departments on one question |
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Areas triggering political questions
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-Foreign Relations
-Dates and Durations of Hostilities -Validity of Enactments -Republican Form of Government |
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Nixon v. U.S.
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Court held that there was no standing on review of the senates method of impeachment of a federal judge...textually demonstrable commitment in the Q to senate for such hearings AND need to avoid biases that were evident in making senate hearing impeachment of a judge
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Article I
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All legislative powers herein granted shall be vested in a Congress of the United States which shall consist of a Senate and a House of Representatives
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10th Amendment
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Tenth Amendment: The powers not delegated to the United States by the Q nor prohibited by it to the States are reserved to the States respectively or to the people
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Mculloch v. Maryland
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In establishing the National Bank it was held that cngress make any laws that are necessary and proper to carry out its enumerated duties
-The Q is in code and it does not have to be enumerated -Allows for commerce clause |
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Article I, Section 8
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Commerce Clause...Article I, Section 8: “The Congress shall have the power…to regulate Commerce with foreign Nations, and Among the Several States, and with the Indian Tribes”
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Three activities Congress can regulate under the commerce clause
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1) Channels of interstate commerce
2) Instrumentalities of Commerce 3) Activities that have a substantial effect on commerce |
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Wickard
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Court upheld law applying a quota to the production of wheat for personal use, stating that the aggregate effect substantially effected interstate commerce
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Heart of Atlanta Motel
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Upheld federal statute prohibiting racism in hotels as hotels were instrumentalities of commerce
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U.S. v. Morrison
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Court struck down a law passed on the basis of a commerce law regualting the violence against women.
-Reaffirmed Lopez 3 part test -Held that the economic effect is not substantial enough and the congressional findings were not dispositive -Can only regulate intrastate activity if it has an economic effect |
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Pierce County v. Guillen
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Federal legislation barring discovery of traffic studies was held valid under the channels of instrumentailty
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Gonzales v. Raich
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Prohibition on medical marijuana upheld
-Substantially effect congress -could agregate intrastate activity only if it is economic in nature |
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Reno v. Candon
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Regulation of the disclosure of DMV Information was held valid as an instrumentality of commerce
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Article I, Section 8
(Spending Power) |
Congress shall have Power To lay and Collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.
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Article I Section 8
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Spending Power
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United States v. Butler
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Under congresses spending power they are not limited
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Helvering v. Davis
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Held constitutional the old age provision of the social security act...Discretion to decide where to tax and spend belongs to congress
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Sabri v. United States
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Continues to broaden Helvering, upholding a law banning the bribery of official of state or local government that receive more than 10K in federal funding because congress can put in laws to safegaurd efficien funding
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South Dakota v. Dole
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Allows for the granting of funds to states based on conditions (grant funds)
Four factors: 1) The power must be in the pursuit of the general welfare 2) The receipt of the funds must be unambiguous so that the states can exercise their choice knowingly, cognizant of their consequences of participation 3) Condition must be related to the federal program or the conditions imposed 4) Other constitutional provisions could pose an independent bar -Funds based on not selling alcohol to 21 year olds was sufficiently relted to the federal program |
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10th Amendment
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Tenth Amendment: The powers not delegated to the United States by the Q, nor prohibited by it to the States, are reserved to the States respectively or to the people.”
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Garcia v. San Antonio
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Applied FLSA to mass transit in the states...If Congress has the authority to pass legislation and it is not prevented by the Q, than there is no state sovereignty that can make it unconstitutional
-10th Amendment is just a truism |
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New York v. United States
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Overturned the congressional law that required states to take title to any wastes within there borders that were not properly disposed of and make them liable for all damages that directly or indirectly occurred.
--The constitution has never gave Congress the ability to require the States to govern according to its direction |
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Printz v. United States
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Court held the Brady Act UQal because it required that local law enforcement do background checks on the purchasers of guns while a national program…
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11th amendment
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11th Amendment: The Judicial Power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any foreign State
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11th Amendment
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The Judicial Power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any foreign State
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Ex Parte Young
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If not acting in accordance with federal or constitutional law, then an individual is stripped of their official capacity because such acts cannot be sanctioned by the State.
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Dormant Commerce Clause
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State and local laws may be unconstitutional if they place an undue burden on state commerce
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Facial Discrimination
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As the statute reads, does the statute draw a difference between in staters and out of staters?
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Discrimination in Purpose
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Was the purpose of the legislation to discriminate against out of state business and advantage in state business
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Effect
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Once implemented the legislation would result in the favoring of in state business to the detriment of out of state business.
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New Energy Co. of Indiana v. Limbach
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A law holding that out of state ethanol would only receive tax credits comparable to in –state tax credits if giving the Ohio ethanol similar tax credits in their state.
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Burdens
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If not discriminatory in effect, purpose, and on its face, yet still burdens interstate commerce, if these burdens are found to be greater than the benefits given to the state, then the law will likely be found to be in violation of the dormant commerce clause.
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Article VI
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The constitution and laws and treaties made pursuant to it are the supreme law of the land.
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Preemption
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Based on Article VI,If there is a conflict between federal and state law, the federal law controls and the state law is invalidated because the federal law is supreme
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Express Preemption
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express preemptive language
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Implied preemption
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Congressional intent can be found to preempt through the structure and the purpose of the law
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Field
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where the scheme of federal regulation is so pervasive as to make reasonable the inference that Congress left no room for the state to supplement it.
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Gade v. National Waste
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Congress passed OSHA regulating occupational safety. Within it was a provision stating that in order for states to regulate in these area, the regulation had to be approved by the feds.
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Geier
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In a federal vehicle safety regulation there was a saving clause which saved certain state common laws, from preemption, but non other.s…in not being saved assumed preemption
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Conflict
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compliance with both federal and state regulations is a physical impossibility, or where the state law stands as an obstacle to the accomplishment and execution of the full purposes of the objectives of congress
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Crosby v. National Foreign Trade Council
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Law limiting the power of state agencies to buy goods or services from companies doing business with Burma was preempted by economic sanctions placed by the US…prevented them from executing an economic scheme and shaping relations with Burma
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Article II
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The executive Power shall be vested in a President of the United States of America
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Youngstown Sheet & Tube
Black Majority |
Presidential powers must come from either the constitution or congress (no inherent power)…if not then the president is acting as a law maker which is explicitly given to the legislature in Article I
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Youngstown Sheet & Tube...Jackson's concurrence
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The president may take any action not prohibited by the constitution or staute…found that because previously denying similar efforts by the president, that this act was unconstitutional
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Zone 1
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1) When acting pursuant to an express or an implied authority of congress power is at a maximum as it includes all the power in his own right, plus all that congress can delegate…presumed valid
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Zone 2
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2) When the president acts in either an absence of congressional grant or denial of authority, and can only act on his own independent powers…here there may be concurrent authority or the distribution is uncertain
-in this case usually the events and situation dictate |
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Zone 3
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) Taking measures incompatible with the expressed or implied will of congress….power is at its lowest…argued this for Youngstown as congress had previously passed legislation preventing such seizure before
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Dames & Moore v. Regan
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Executive order was made in a compliance with an agreement by the armed forces to release hostages moving claims against Iran to an international tribunal..
-While there was no explicit congressional power given to the president to do this type of thing, it was recognized in the court that other legislation was similar to this type of power and showed deference to the president to handle such situations on a day to day basis. |
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The Prize Cases
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Without a formal declaration of war, it was held that the president could constitutionally seize southern ships and blockade southern ports under his power as commander and chief….he has a duty to react to threats and need not wait for congress
-Other argument…not really executing a law, but making law in making a blockade Mora: Vietnam is possibly political question issue |
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Hamdi v. Rumsfeld (Thomas)
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Does president have the power to detain US citizen as an enemy combatant
Thomas: argues that the detention is inherent among the executives powers -Federalist papers emphasize that the peculiarities of war necessitate guidance under a single body -Article II Sec. 1: provides that the president is commander and chief of armed forces Sec2&3: puts the president in the position to recognize foreign governments -just because congress has enumerated some powers, it does not mean that it meant to deprive him of others |
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Hamdi v. Rumsfeld (SOuter)
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Executive is charged with maintaining security...they are not the best to ensure that rights are upheld
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Boumediene
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Bush: Detainees seek writ of Haebeus Corpus for their detention in GBay. Currently, per Hamdi, there are military tribunals that determine enemy combatant status…these can be appealed to the DC court of appeals. There has been jurisdiction stripping by congress of hearing writ of HC….
-Is this against the Suspension Clause, Art I Sec 9 Cl 2 (do non citizens in other countries have rights under our constitution) The reach depends on: 1) The citizenship and status of the detainee and the adequacy of the process through which the status determination was made 2) Nature of the sites where the apprehension took place 3) Practical obstacles inherent in resolving the prisoner’s entitlement to the writ |
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Medellin v. Texas
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International Court of Justice decision stated that 51 Mexican Nationals were entitled to review and reconsiderations of state court convictions due to violations of the Geneva Convention.
1) Is the ICJ’s judgment enforceable domestically? No ( doesntmatter) 2) Can the president put out a memorandum, stating that it will be inviolation of international duties if we don’t do this? a. In the three part scheme in Youngstown…this comes from lack of action by congress b. Arg: bcause there is an option to enforce in the treaty…they imply pres authority i. No…cannot use creation of domestic law to enforce int’l obligations ii. Non-self executing treaty: one that is ratified with the understanding that it is not to have domestic effect….thus making it in the third category of YTOWN |
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Art. I Sec. I
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ALL legislative powers herein granted shall be vested in a Congress of the US (text underpinning)
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Art, I Sec. 7 Cl. 2
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Presentment Clause
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Clinton v. New York
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Pursuant to the line item veto act the president vetoed some portions of a bill cancelling tax benefits that helped NY.
-Different from Article I Sec. 7 power of returning a bill in its entirety -In rejecting compared it to a provision that directed president to institute protectionist measures when it wasn’t reciprocated 1) There was no change in condition between when congress passed the legislation and when president cancelled provisions 2) There was no duty to suspend….instead only guidelines telling him we he could not cancel 3) Ultimately would be replacing congressional intent with his own intent…. Note: alludes to discretion in foreign affairs….especially if congress gives him authority to judge if an event could occur |
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INS v. Chada
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INS v. Chada: The legislative veto of adjudicatory decision was overturned by legislative veto….a committee hearing in which one house ratified….this was found unconstitutional.
-Presentment and the chance to veto was especially important to the framers -Bicameral requirement was not AS important -They are only subject to these to requirements if whether actions taken by their house is legislative in purpose and effect -By forcing someone to leavedue to a law (enforcement)…were altering the legal rights, duties, and realtions of persons, including the AGG, Executive Branch officials and Chada, all outside the legislative branch (judicial act) |
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Congressional Delegation of the Appointment Power
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o Congress cannot give itself the appointment power
o Can vest the appointment power of inferior officers to prez, heads of office, or judiciary… |
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Morrison v. Olson--Inferior Officers Power
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Question 1: Is she an inferior or superior officer? INFERIOR. Factors:
1) Subject to removal by a higher Executive Branch Official….the AG (despite having independent discretion 2) Limited by the act to perform only limited duties 3) Office is limited in JN (can only investigate certain crimes) 4) Tenure is limited (while no explicit time limit appointed only for a task If it is an inferior final question… Would this appointment cause an incongruity between the functions normally performed by the courts and their performance of their power to appoint? -conflict of interest? |
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Presidenation Immunities
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Some presidential communications may be deemed confidential due to presidential immunity.
-need for candor in communications with advisors to execute his duties -the privilege is derived from the supremacy of each branch within its own assigned area |
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U.S. v. Nixon
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Court held that the Presidential privilege did not extend to the subpoena of documents related to criminal activities related the FBI’s investigation of a breakin of the Watergate building.
-Absent a claim of need to protect, military, diplomatic or sensitive national security secrets…the important need for presidential immunity is diminished |
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Cheney v. U.S.
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alluded to more deference to the executive for the production of docs in the case of civil cases where there is less need for every man’s evidence
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Clinton v. Jones
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: President seeks a stay of civil suit for actions that he took prior to taking office under Presidential immunity…court says no dice
-Only prior precedent is no civil suits for official conduct….dont want pres to hesitate in duties -If the judiciary asserts authority in this manner does it violate the separation of powers? NO..the judiciary is not being asked to some how perform any acts that are considered executive |
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Privileges and Immunities Clause
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Article IV Sec. 2: The Citizens of each state shall be entitled to all privileges and immunities of citizens in the several states
-Need discrimination against citizens of other states as a pre requisite for this -Need to be citizens of the US and corps cannot sue Analysis: 1) Has the state discriminated against out-of-staters with regard to privileges and immunities the it accords with its own citizens? 2) If there is such discrimination is there sufficient justification for the discrimination? |
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Coryfield v. Coryell
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court did not invalidate law that made it unlawful for any person who was not a resident to gather shellfish in NJ waters...
What are the privileges and immunities covered? -Those which are fundamental in nature; belong to the citizens of all free gornvments, and which have at all times been enjoyed by the citizens of the several states which compos this union from the time of their becoming free, independent, and sovereign |
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Lochner
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Examines law trying to limit bakers to less than 60 hours a week…says can’t do it…NO longer good law
Police Powers: Under a state’s sovereign power, they have the right to provide for the health, safety, morals, and general welfare of its people Test: Is this a fair, reasonable, and appropriate exercise of the police power of the state or is it an unreasonable unnecessary and arbitrary interference with the right of the individual to his personal |
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New test
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Laws regulating business and employment practices will be upheld so long as the means employed are rationally related to serve an ends of a legitimate government purposes
-Government purpose can be any goal not prohibited by the Q. -It does not have to be proved that the asserted purpose was the legislature’s actual objective |
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Williamson v. Lee
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the SC upheld an Oklahoma statute that prohibited an opticialn to fit or duplicate lenses without a prescription from an optometrist or ophthalmologist
-Stressed the need for deference to the legislature…they weigh the balances of the wastefulness -Hypothesized legitimate purposes: -Could have thought that eye health was important enough to want to get people in more often -could have thought that they needed to cover the few times people had to go in for nuanced changes. |
