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How do cases come to SCOTUS? (2)
Writ of Certiorari -discretion - From state courts where: 1.) Constitutionality of statute or treaty is at issue 2.) State statute violates fed law - Cases from fed courts of appeal OR Appeal (Rare) - must hear - Appeals from 3-judge fed dist ct panels granting/denying injunctive relief
Federal Justiciability Doctrines (4)
1) No Advisory Opinions - specific present harm or real and immediate danger of future harm 2.) Ripeness - cannot review law pre-enforcement unless immediate threat of harm 3.) Mootness - matter must be in controversy at all stages of review [Exceptions: - Capable of repetition, but evading review i.e. Roe v. Wade - Class actions - continue as long as one members case is still in controversy] 4.) Standing - concrete stake in outcome, components: - Injury, has been or we will be directly & personally injured [within \"Zone of Interests\" congress meant to protect] [Exceptions: 3rd Party unable to assert or special relationship exists] - Causation - Redressability [Note: Congress cannot create standing] [Note: Organizations may have standing on behalf of members if members have standing, injury is related to org purpose, and dont need member participation] [Note: Citizens may only sue in their capacity as taxpayers as to tax law, not congressional expenditures] No Standing: - Adequate & Independent State grounds - Abstention for unsettled question of state law or pending state criminal proceedings - Political Question - 11th Amend - claims against state governments unless removed explicitly by congress under 14th amend
Patent & Copyright Powers
Congress has power to control issuance
May Congress delegate its legislative powers to another branch?
Yes, if: - intelligible standards are set (low), and - power not uniquely confined to Congress (war, impeach)
Legislators Immunity
Conduct occurring in regular course of fed legislative process is immune from prosecution Exceptions: - Bribes - Speeches outside Congress - Republication of defamatory statement
How must Congress act to overturn Executive action?
Bicameralism & Presentment No legislative veto
Appointment & Removal Powers
POTUS appoints superior officers (ambassadors, public ministers, SCOTUS justices, and officers of US) with advice & consent of Senate. Congress may vest appointment of inferior officers in POTUS, courts, or department heads. POTUS can remove high-level executive officers at will. Congress may limit POTUS removal power of all other officers by statute. Congress may remove executive officers only by impeachment.
Pardon Power
POTUS may grant for any federal offense except impeachment or civil contempt. Cannot be limited by Congress.
Veto Power
POTUS may veto act of Congress within 10 days. If 10 days pass without action: - Bill automatically vetoed if Congress is not in session. - Bill passed if Congress is in session. No line-item veto power.
Chief Executive Power
Jackson apex/ebb - If action is pursuant to express or implied authority granted by Congress, likely valid. - If action is where Congress is silent, upheld unless usurps or prevents use of another branches\' power. - If action against express intent of Congress, only upheld if
War & Military Powers
Congress has power to: - declare war, raise & support armies, provide for & maintain navy - economic regulations during and post-war - create military cts & tribunals - fed cts have no power to review & jurisdiction extends to: enemy civilians & soldiers, american soldiers, & civilians under martial law POTUS has power to: - may act militarily without declaration of war
Necessary & Proper Power
Congress may use any Necessary & Proper means in executing any power granted to any branch. Must be used in conjunction w. another power
Taxing Power
Congress may tax where tax bears some reasonable relationship to revenue production or Congress has power to regulate taxed activity.
Spending Power
Congress has power to spend for any public purpose (common defense and general welfare)
Commerce Power
Congress has power to regulate channels, instrumentalities, and activities with a substantial effect on interstate commerce - exclusive power, interpreted broadly - may regulate intra-state if RB activity in aggregate will effect interstate commerce
Investigatory Power
Congress has implicit investigatory power.
Property Power
Congress has power to: - dispose of & make rules for all properties of us govt - declare eminent domain for public purpose
Police Powers
Reserved for states Congress has no Police Power except over D.C., military bases, fed lands, & indian reservations
Bankruptcy Power
Congress has nonexclusive power to regulate bankruptcy proceedings.
Postal Power
Congress has exclusively.
Power over Citizenship
Congress may establish uniform laws of naturalization - aliens have no right of entry - resident aliens are entitled to notice & hearing - denaturalization requires consent of citizen
Admiralty Power
Congress has plenary & exclusive admiralty powers, but delegatable to states.
Money & Measures Power
Congress has power to coin money and fix weights & measures
Foreign Relations & Treaty Powers
POTUS had exclusive control over foreign policy. Treaties may be made by POTUS, but require 2/3ds consent by Senate for ratification. POTUS may make Executive Agreements with foreign governments.
Hierarchy of US Law
US Constitution Treaties and Fed Statutes (Last in time trumps) Executive Agreements State Law
Executive Immunity
Executive Privilege allows POTUS to keep communications privileged (especially national security secrets) Exception: criminal proceedings where prosecution demonstrates need. Absolute Civil Immunity from action taken within official POTUS duties.
POTUS, V POTUS, and all civil officers of US may be impeached. For treason, bribery, high crimes and misdemeanors. Majority vote in House to bring charges. 2/3ds vote in Senate to convict & remove.
Non-Constitutionally Delegated Powers
Remain with states.
Supremacy Clause
Fed law invalidates conflicting state law or state laws preventing achievement of fed objective. Preemption may cause fed law to occupy entire area of law, invalidating even nonconflicting state laws in the same area. - express - implied - Congress\'s intent Presumption: historic state police powers are not to be superseded unless clear & manifest purpose of Congress.
Full Faith & Credit Clause
All courts must recognize & enforce rulings of all other state courts, if: - ruling court had proper jurisdiction - judgment was on the merits - judgment was final
Dual Sovereignty of US & States
US may only sue a state with that state\'s consent. States may freely sue each other. A state may only sue US pursuant to Congressional legislation. Suits against federal officers are allowed, except where judgment sought: - would come from public treasury, or - interfere with public administration Specific relief against the officer is allowable where he acted ultra vires (beyond his authority) Fed government may not use state executive officials to carry out fed laws. States cannot directly tax fed government. Nondiscriminatory, indirect, taxes not unreasonably burdensome are allowed.
1st Amendment (speech)
1st Amendment (Religion)
2d Amendment (bear arms)
9th Amendment (unenumerated rights)
Unenumerated rights are not a denial of those rights to the people.
10th Amendment
May limit taxes & regulations applying solely to state public sector, and not private. Exceptions: - Civil rights 14th amendment - Spending power conditions Not practically used and almost always an incorrect answer choice on mbe.
Privileges and Immunities Clause
A state may not discriminate against US citizens bc of nonresidency in that state, excluding corporations. Protects fundamental rights: - involving important commercial activity, or - civil liberties Exception: If state can show state law has: - substantial justification, and - least restrictive means
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