Justiciability
4 Limitations of Justiciability
Standing
Ripeness
Mootness
Political Question
Difference between commerce clause and DCC
CC - congress has used its power
DCC - state acts when congress has not
2 potential limits to taxing
purpose
revenue generation
which articles give which branches power
1 - Congress
2 - President
3 - Judiciary
Establishes Court as interpreter of Constitution
Marbury
What are the requirements of standing?
Injury in Fact
Causation
Redressability
What is Gibbons definition of interstate commerce
buying, selling, transportation, and exchange of goods across state boundaries
quantitative substantiality v. qualitative
quan - %
Qual - $
Jackson's 3 ways President Acts
Grant of Congress
Silence of Congress
When Congress said no
Lopez
Dole
Pike
Nixon
CC
Spending
DCC Balancing Test
Presidential Immunity
What is "initial policy determination"
The inability of the court to decide without making an initial policy determination of a kind for a political branch
What is a non-even handed tax?
burdens out of state with taxation while not effecting in-state competitors
4 Limits on Spending
general welfare
unambiguous conditions
Conditions must be related to fed in particular to national projects
other constitutional bars (coercion)
Sources of Presidential Power
Explicit
Implicit
Congress's ability to limit appellate jurisdiction
Why are political questions reserved for political branches?
Political questions have no right or wrong answer and the election process serves to provide responses, not courts determining it based off particular facts
Guzz transports Sclark in his bear suit to deliver fresh meat to TX. Identify the channel and identify the instrumentalities
Channel - bear suit
Instrumentalities - Guzz
according to Doremus, so long as congress is not acting ______ taxing is allowed
arbitrarily
Garcia 3 factors showing states are commandeered
(1) federal statute regulates states as states
(2) statute address matters that are undisputedly state attributes
(3) state compliance impairs their ability to structure integral operations in areas of traditional government function
This case fits in PQ, Separation of Powers, & Executive Power
Zivotosfky
What remedy was available in EPA v. MA?
forcing EPA to regulate emission which would prevent destruction of coast lands
What is used to supplement the rational basis for finding a substantial effect on IC
congressional findings
Madisonian v. Hamiltonian View
Mad - very limited
Ham - very broad if for general welfare
What do Administrative agencies do (2)
adjudicate cases
make rules
Decided whether Slaughter houses were able to be regulated under CC. Which case and where in Lopez test
Swift - channels (SoC)