Separation of Powers
In order for Federal Legislative Power to use Necessary and Proper Clause Power, they must do what?
What is attach Necessary and Proper Clause Power to an enumerated power
Every challenge to federal legislative power begins with a check to see if ____.
What is a check to see if Congress has the enumerated authority to legislate the area in question (McColloch)
Under the Baker factors test, a lack of justiciability discoverable and manageable standards for resolving an issue at hand can lead to ____
What is a non-justiciable political question
Under standing, a plaintiff seeking injunctive or declaratory relief must show ______
What is a likelihood of future injury. (Lyons)
Taxing and spending power is valid so long as it is done for ____
What is the general welfare
Art. II, Sec. I gives the President these enumerated powers
Commander in Chief Power, Chief Executive Power, Pardon Power, Treaty Power, and Appointment Power
The anti-commandeering doctrine protects from ____
What is federal intrusion (New York;Printz)
Executive Privilege is presumed but is not absolute. However, it involves a balancing test that considers these 3 things
What is
1. President's interests and countervailing interests
2. Confidentiality, National Security, and military consideration
3. Accommodation (redacting)
Wrongs capable of repetition, but evading review will be treated as ____.
What is not moot (Roe;Defunis)
This exception to the dormant commerce clause provides that a state may favor its own citizens in dealing with government-owned businesses and in receiving benefits from government programs.
What is Market Participant Exception
In Coleman, the court established that these elements (3) must be present in order for Congress to repeal the states' sovereign immunity
What is intent is clear in statute AND pattern of constitutional violations AND remedy is concurrent and proportional (Coleman)
What is the 11th amendment "Sovereign immunity"
Under the forms of scrutiny, if an issue involves something that is not a fundamental right, the court will apply _____ test.
What is rational basis test
Gov't only needs to show a rational basis–any conceivable rational; relationship to any legitimate purpose
Cases that come through three-judge federal district courts with appellate review have _____ review by SCOTUS.
What is required review
Through these 2 cases, Congress has successfully been able to reach issues regarding the effect of discrimination on interstate commerce.
What is Heart of Atlanta Motel and McClung
As seen in Zivotofsky, Model ___ allows for the President to act unless he/she/they violates the constitution or expressed or implied will of Congress
What is Model 3
States retain police power which means states have the power to ____
What is the power to make laws needed to preserve public security, order, health, morality, and justice. This includes licensing, policing, safety codes, and insurance.
Under Justice Jackson's Framework, when the President's Powers are at issue what must the President show if Congress acts contrary to power asserted by President
What is the president must show that the Constitution exclusively grants him the power rather than coordinating the power between both him and Congress and as such, Congress cannot restrict his use of the power (Scenario 3)
These prudential standing requirements (3) may be overridden by Congress
What is third-party standing, the taxpayer/general grievance, and zone of interests
Appellate jurisdiction ____ be eliminated from one of two statutes by Congress
What is can (McCardle; Yerger)
If the President wishes to use their removal power, they can remove any executive branch official unless ____
What is statue says otherwise (Free Enterprise Fund)
This clause limits states' ability to complete conduct that places an undue burden on interstate commerce. There are three "paths" in which this clause can be violated. What are they?
What is...
(1)state’s law is facially discriminatory (New Jersey) AND/OR
(2) a state’s law is facially neutral but have a discriminatory effect (Hunt;Exxon) AND/OR
(3) a state’s law has a substantial burden on interstate commerce (Cooley v. Board of Warden;State of Minnesota)
Under the commerce clause, to determine if the activity has a substantial effect on interstate commerce, there must first be a determination of whether the activity is ___ or non-___ in nature.
What is economic or non-economic (Morrison)
A case that DOES have an independent and adequate state-law ground of decision ____ be reviewed by SCOTUS
What is cannot
There may be valid grounds for the President to implement a travel ban so long as ____
What is there is a rational-basis review that placing entry restrictions on foreign nationals of particular countries is sufficiently justified by national-security concerns. (Trump v. Hawaii)