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What are the main categories of con law issues?
1) Powers of the federal government 2) Interaction between state and federal government 3) Individual Guarantees against govt or private action
What are the federal powers?
1) Judicial Power - When can a court hear a case 2) Legislative Power - Is there a constitutional source for the legislature\'s action 3) Executive Power - What can the president do
What is the judicial power granted by art III?
Federal judicial power extends to cases involving: 1) Interpretation of the Constitution, federal laws, treaties, and admiralty and maritime laws; and 2) Disputes between states, states and foreign citizens, and citizens of diverse citizenship.
What is the Supreme Court\'s power of judicial review?
1) May review the constitutionality of acts of other branches 2) May also review state acts pursuant to the Supremacy Clause.
What is the original jurisdiction of the supreme court?
All cases affecting ambassadors, public ministers, counsels and suits between states.
What is the supreme court appellate jurisdiction?
Appellate jurisdiction in all cases in which federal power extends
How do appeals usually come to the SC?
By Writ of Certiorai
What cases come by certiorari?
All cases from federal courts of appear or cases from state courts where: 1) The constitutionality of a federal statute, federal treaty, or state statute is in issue, OR 2) State statute allegedly violates federal law.
What is the self imposed limitation of the exercise of federal court jurisdiction?
The doctrine of justicability which requires: 1) No advisory opinions 2) Standing 3) Ripeness 4) No Mootness 5) No political questions
What are the components of standing?
1) Injury — must show direct and personal injury (economic loss is especially good) 2) Causation — must be causal connection b/n injury and conduct complained of 3) Redressability — favorable decision must be capable of eliminating grievance
What is congressional standing?
A fed statute may create new interest, injury to which is sufficient for standing. * *Congress cannot grand standing to someone with no injury.
Who has standing to enforce a federal statute?
P may do so if he is in the zone of interest congress meant to protect.
When can a person assert the constitutional rights of others (3rd party standing)?
If the claimant would have standing in his own right, he may assert the rights of other if: 1) It is difficult for that 3rd party assert her own rights, OR 2) A special relationship exists between the claimant and the 3rd party (eg, doctor patient).
When does an organization have standing?
1) there is an injury in fact to its members that gives them the right to sue, 2) the injury is related to the organizations purpose, and 3) individual members need not participate in the lawsuit.
When does a person have a standing challenge gov\'t expenditures based on his status as a taxpayer?
Only when the suit is attacking a spending measure on establishment clause grounds.
When is case a moot?
1) The matter has already been resolved, AND 2) Is not a controversy capable of repetition. * *Class action can continue even if the named party\'s controversy has become moot
What is the no advisory opinion requirement?
There must be a specific present harm or threat of future harm. * *eg, court wont hear a case where there\'s no indication that the gov\'t will enforce some wacky law.
What is the ripeness requirement?
P is not entitled to review of a statute or regulation unless P will suffer some harm or immediate threat of harm.
When will the federal courts abstain?
1) The federal constitutional claim rests on a unsettled question of state law. 2) Political issues constitutionally committed to another branch OR inherently incapable of judicial review 3) The state court judgment is based on adequate and independent state grounds
What is the Legislative Power issue?
The fed legislature has limited powers and every exercise of federal power must be traced to the constitution.
What are congress enumerated and implied powers?
Congress can exercise those powers enumerated and implied in the constitution, plus all auxiliary powers necessary and proper to carry out all powers vested in the federal govt.
What is the necessary and proper clause?
Congress has power to make all laws necessary and proper (appropriate) to carry out any power granted to any branch of federal government * * Cannot enact laws based solely on \"necessary and proper\" clause — clause must work in conjunction with another federal power.
What are congress\'s enumerated powers?
1) Taxing 2) Spending 3) Commerce 4) War and Military 5) Investigatory 6)) Property 7) Limited Police power8) Bankruptcy9) Postal10) Citizenship1 1) Patent and copyright
What is congress\'s enumerated taxing power?
Congress has the power to tax, and most taxes will be upheld if: 1) they bear some reasonable relationship to revenue production or 2) Congress has the power to regulate the activity taxed, i.e., congress has no reasonable relation limitation on taxing areas they have the authority to otherwise regulate.
What is congress\'s enumerated spending power?
Congress may spend to “provide for the common defense and general welfare.” * *Spending may be for any public purpose.
What is congress\'s enumerated commerce power?
Congress has the exclusive power to regulate all foreign and interstate commerce.
When will a federal law regulating interstate commerce be within the commerce clause power?
It must be regulating either: 1) The channels of interstate commerce, 2) The instrumentalities of interstate commerce and persons or things in interstate commerce, OR 3) Any activities that have a substantial effect on interstate commerce
What is the standard when congress attempts to regulate noneconomic interstate activity under the commerce clause?
federal government must prove to the court that the activity in fact affects interstate commerce
What is congress\'s enumerated war power?
The Constitution gives Congress power to declare war, raise and support armies, and provide for and maintain a navy.
What is the 10th amd limitation on congressional powers?
Provides that all powers not granted to federal government, nor prohibited to the states, are reserved to the states or the people.
Can Congress compel state regulatory or legislative action?
No, BUT can induce activity by attaching conditions to federal grants (if clear).
How may congress delegate it\'s powers?
Congress may delegate its legislative power to executive agencies or the judiciary, no matter how broad, so long as: 1) Intelligible standards are set, AND 2) The power is not uniquely confined to Congress (e.g., power to declare war, impeach)
Are legislative vetoes constitutional?
No, attempt by Congress to overturn executive agency action without bicameralism (i.e., passage by both houses of Congress) OR presentment (i.e., giving the bill to the President for signature or veto) is unconstitutional.
What are the executive powers?
1) Appointment and removal 2) Pardons 3) Veto 4) Chief executive 5) War 6)) Foreign relations 7) Treaty power
What is the executive appointment power?
President alone appoints ambassadors, federal judges and federal officers, BUT subject to Senate confirmation * *Congress may give lower federal courts power to appoint \"independent counsel\" BUT CANNOT give appointment power to itself or its officers
What is the executive removal power?
President may fire any executive branch officer, UNLESS limited by statute (two reqs.)
What are the requirements for congress to enact a statutory limitation on the removal power?
For Congress to limit removal, must: 1) be an office where independence from the President is desirable, AND 2) only limit removal to \"good cause\"
What is the executive pardon power?
The President may grant pardons for all federal offenses but not for impeachment or civil contempt. The pardon power cannot be limited by Congress.
What is the president\'s war power?
No power to declare war, but has broad powers to use troops in foreign countries.
What is the executive treaty power?
The President has the power to enter into treaties with the consent of two-thirds of the Senate.
How are treaties treated in relation to federal or state laws?
Treaties the equal to any other federal law - They are the supreme law of the land.
How are conflicts between statutes and treaties decided?
( 1) Treaty vs. state law — treaty prevails( 2) Treaty vs. federal statute — last in time prevail( 3) Treaty vs. Constitution — Constitution prevails
What are executive agreements?
Executive agreements are signed by the President and the head of a foreign country. They can be used for any purpose that treaties can be used for. * *They do not require the consent of the Senate.
What is the effect of an executive agreement conflicts with state or federal law?
1) Executive agreement vs. state law — Executive agreement prevails 2) Executive agreement vs. federal statute — federal statute prevails 3) Executive agreement vs. Constitution — Constitution prevail
What is the executive privilege?
President has executive privilege for presidential papers and conversations BUT, such privilege must yield to other important government interests * *eg, in a criminal prosecution where need is demonstrated.
What is the executive immunity?
1) Absolute immunity from civil damages for any actions taken while in office 2) BUT, NO immunity for actions that occurred prior to taking office
Who is subject to impeachment?
The President, Vice President, and all civil officers of the United States are subject to impeachment (the bringing of charges).
What are the grounds for impeachment?
Grounds include treason, bribery, high crimes, and misdemeanors.
How many votes are needed for impeachment and removal?
1) A majority vote in the House is necessary to invoke the charges of impeachment, 2) two-thirds vote in the Senate is necessary to convict and remove from office.
What is federalism?
The interaction between federal and state power.
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