cases. you know the drill. just do it shia la boeuf style
foreign powers !!22!! and other stuff
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more cases
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100
Clinton v. Jones
Issue: Does the United States Constitution protect the President of the United States from suits based on actions committed before entering office?
Rule: The United States Constitution does not grant the President of the United States immunity from civil litigation involving actions committed before entering office.
Holding: No. / “Despite the force of the arguments supporting the President’s submissions, we conclude that they must be rejected.”
Clinton v. Jones
100
May an otherwise unconstitutional delegation of legislative power to the executive be sustained on the ground that its exclusive goal is to provide relief in a foreign conflict?
Yes, an otherwise unconstitutional delegation of legislative power to the executive may nevertheless be sustained on the ground that its exclusive goal is to provide relief in a foreign conflict.
100
Does the United States Constitution protect the President of the United States from suits based on actions committed before entering office?
The United States Constitution does not grant the President of the United States immunity from civil litigation involving actions committed before entering office.
100
Question: Are the Tennessee laws prohibiting individuals from obtaining a license to sell liquor based on duration of residency unconstitutional as a violation of the dormant Commerce Clause? / Does the dormant Commerce Clause allow states to regulate liquor sales by granting license only to those that have met state residency requirements?
Rule: The dormant Commerce Clause prohibits protectionist state laws that unduly restrict interstate commerce.
Holding: Yes. / No. Notwithstanding the 21st Amendment.
Test coming from the opinion:
Under the dormant commerce clause, if a state law discriminates against out-of-state goods or nonresident economic actors, the law can be sustained only on a showing that it is narrowly tailored to advance a legitimate local purpose.
Tennessee Wine and Spirits Retailers Association v. Thomas
100
DAILY DOUBLE
What sign are Dat?
Gemini
200
Issue: Are certain cigarette advertising regulations preempted by the FCLAA?
Rule: (1) State cigarette-advertising regulations are preempted by the Federal Cigarette Labeling and Advertising Act, regardless of whether the state regulations are related to content or location.
Holding:Yes.
…We must decide to what extent federal law preempts the Attorney General’s regulations. The cigarette petitioners contend that the FCLAA preempts the AG’s cigarette advertising regulations.
“In this case, our task is to identify the domain expressly preempted, because ‘an express definition of the preemptive reach of a statute… supports a reasonable inference… that Congress did not intend to preempt other matters.”
The Court says that Congressional purposes is the ultimate touchstone of a preemption inquiry.
Lorillard Tobacco Co. v. Reilly
200
Does the President have the exclusive power to grant formal recognition to a foreign sovereign?
Yes. Article II of the Constitution grants the U.S. President the exclusive authority to formally recognize a foreign sovereign through executive power that Congress may not contradict via statute.
200
Is there anything in the constitutional text about the criminal prosecution of a sitting President?
No, there is nothing in the Constitutional text regarding the criminal prosecution of a sitting President. There is also not a Supreme Court case where this has been raised or determined. Additionally, according to Robert Mueller, there is a DOJ regulation that prevents indicting a sitting President.
200
Question: Is the creation of a Pennsylvania law regulating pilotage a constitutional exercise of Pennsylvania’s power to regulate under the Commerce Clause? / Does a Pennsylvania law requiring ships to hire a local pilot violate the Constitution?
Rule: In the absence of definitive congressional regulation, federal rules apply to business that requires uniformity of treatment among several states, and business characterized by local peculiarities is governed by legislative decisions passed by the states.
Holding: Yes. / No.
Cooley doctrine is the principle that Congress has exclusive power under the commerce clause to regulate national commercial matters and that the states share this power, in the absence of federal preemption with respect to local matters.
Cooley v. The Board of Wardens of the Port of Philadephia Ex Rel. Society for the Relief of Distressed Pilots
200
What are the three kinds of implied preemption?
Conflicts preemption
State law impeding the achievement of a federal objective
Field preemption
300
Issue: Is it constitutional to require an avocado to abide by both federal regulations and California regulations to be sold in a California market? / Is the California law preempted by federal law?
Rule: When both federal law and state law are on point, federal law preempts state law if there is a conflict between the two laws such that compliance with both is impossible.
Holding:Yes. / No.
“This case presents the question of the constitutionality of the California statute insofar as it may be applied to exclude from California markets certain Florida avocados which, although certified to be mature under the federal regulations, do not uniformly meet the California requirement of 8% of oil.”
This difference poses the question before the court.
“A holding of federal exclusion of state law is inescapable and requires no inquiry into congressional design where compliance with both federal and state regulations is a physical impossibility for one engaged in interstate commerce.”
If it’s not possible for you to comply with both federal and state law, then you have a #problem. That is not the situation in this case.
Florida Lime & Avocado Growers
300
Where does the President’s recognition power come from?
The President’s recognition power comes from the Reception Clause - Article II Section 3, which provides that the President shall receive ambassadors and other public ministers.
300
Where Congress has acted lawfully, does that preempt state/local law?
Depending on scope and intent, yes. The Supremacy Clause of Article VI includes preemption.
300
Question: Is a Wisconsin statute regulating the sale of milk and milk products, and limiting the location of pasteurization to within Madison, Wisconsin, and limiting 25-miles for sources of milk a violation of the dormant Commerce Clause (and the 14th Amendment)?
Rule: A state statute that discriminates against interstate commerce will be held invalid if there are other less-discriminatory means by which the state legislature can accomplish its objective.
Holding: Yes.
As long as your reasoning is legitimately based in health and safety, then discrimination against out-of-staters is okay.
Test for whether a law is discriminatory:
Is there an undue burden on interstate commerce?
Are there alternatives to the chosen regulation?
Dean Milk Co. v. City of Madison, Wisconsin
300
What is conflict preemption?
Conflict preemption is where there is a conflict between state and federal law.
400
Issue: Has California law unconstitutionally impinged on federal authority under the Atomic Energy Act?
Rule: A federal law may preempt a state or local law, even if the laws are not mutually exclusive, if the state law is deemed to impede the achievement of a federal objective.
Holding: No, because California left room specifically for economic considerations.
Congress may explicitly preempt state law, or it may implicitly preempt state law by enacting a federal regulatory scheme that leaves no room for state-law supplementation. Even if federal law does not entirely displace state regulations in a specific area, the state law will still be preempted if it actually conflicts with federal law by presenting an obstacle to accomplishing Congress's full purposes and objectives.
What are the key points of the opinion?
In the context of concerns about handling spent fuel / long term nuclear waste management planning, do the relevant provisions embodied in federal law (AEA) preempt California’s legislative conditions on construction of nuclear plants?
Court looks to purpose of AEA, and looks to interpretation of state legislation (understanding its purpose as well) to determine the existence/extent of a conflict.
CA trying to find a small window in which they can have some say about new nuclear power with the state until high-level waste disposal gets figured out. But federal law has a fairly broad objective covering the field.
Pacific Gas & Electric Co.
400
What are the three categories of Presidential power from the tripartite framework from Youngstown?
1. When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate.
2. In absence of either a congressional grant or denial of authority, there is a zone of twilight in which he and Congress may have concurrent authority, and where congressional inertia, indifference of quiescence may invite the exercise of executive power.
3. When the President takes measures incompatible with the expressed or implied will of Congress, he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter.
400
What is the Dormant Commerce Clause?
It is based on the principle that state and local laws are unconstitutional if they place an undue burden on interstate commerce.
400
Question: Is a Maine law prohibiting the import of live baitfish a violation of the dormant Commerce Clause?
Rule: States may prohibit the importation of out-of-state goods moving within the flow of commerce as long as the prohibition serves a legitimate local purpose, and there are no available less discriminatory means to accomplish that same purpose.
Holding: No.
When reviewing dormant commerce clause cases, look for a legitimate local concern that is narrowly tailored to a legitimate local purpose.
Maine v. Taylor & United States
400
What is field preemption?
Field preemption is where the scheme of federal law and regulation is so pervasive as to make reasonable the inference that Congress left no room for states to supplement it.
Preemption will be found if there is a clear congressional intent to have federal law occupy a particular area of law.
500
Issue: Does federal law preempt and render invalid four separate provisions of the Arizona state law?
Rule: A state law that addresses immigration and alien registration is preempted where Congress has completely occupied the entire field.
Holding:Yes to three, No to one.
Arizona v. United States
500
What is the scope of immunity possessed by the President? Is the President immune from civil liability for official actions taken in office?
The President of the United States is entitled to absolute immunity from suits for damages based on actions taken in his official capacity. The existence of alternative remedies and deterrents establishes that absolute immunity will not place the President “above the law.”
500
What are the two main types of preemption?
The two types of preemption are implied and express preemption.
500
Question: Is the North Carolina law banning the importation of apples bearing a grade other than the USDA’s valid under the dormant Commerce Clause? / Does the N.C. Statute violate the commerce clause by placing an undue burden on interstate commerce?
Rule: A facially neutral statute still violates the Commerce Clause if it discriminates against interstate commerce in practice.
Holding: No. / Yes.
////
Issue: Does the NJ law prohibiting the importation of waste from other states violate the dormant Commerce Clause?
Rule: A state may not discriminate against other states’ articles of commerce on the basis of origin.
Holding: Yes. “Both on its face and in its plain effect, ch. 363 violates this principle of nondiscrimination.”
Hunt, Governor of the State of North Carolina v. Washington State Apple Advertising Commission
City of Philadelphia v. New Jersey
500
DAILY DOUBLE
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Taeyong