Misc.
10th Amendment case declaring Congress cannot "commandeer" state legislatures
New York v. United States ("take-title" radioactive waste disposal provision)
Where does executive power come from?
Art. II: "The executive power shall be vested in the president"
Qualified privilege can be overcome when...
generalized interest in confidentiality does not outweigh the judicial process's need for evidence in a criminal trial
How do we distinguish between whether the commerce clause or dormant commerce clause applies to a challenge?
State law may be challenged as violation of DCC; Federal law may be challenged as violation of CC
Limits on state regulatory & taxing power: 3 ways to validate a state law?
(1) preemption
(2) dormant commerce clause
(3) privileges and immunities clause
What part of the Constitution validated the individual mandate in NFIB v. Sebelius?
The Taxing and Spending Clause
Jacksons 3 Categories of presidential powers from Steel Seizure concurrence
1. express or implied authorization of Congress = authority at maximum
2. absence of congressional grant or denial: zone of twilight
3. measures imcompatible with the express or implied will of Congress: lowest ebb
T/F: A president is immune from civil suits stemming from official conduct
True (Nixon v. Fitzgerald)
What's the test we take from Wickard?
Does the activity--in the agrregate--have a "substantial [economic] effect" on interstate commerce?
What are the two forms of implied preemption?
(1) conflict
(2) field
T/F: Commerce Clause can be basis for at least some criminal laws.
True (Perez v. United States)(1971)
Art. I Separation of Powers Procedures affirmed in INS v. Chada (1983)
(1) bicameral passage
(2) presentment to the president
T/F: President is not immune from civil suits for unofficial conduct before taking office.
True (Clinton v. Jones)
NFIB v. Sebelius: What was the basis for the Court saying the commerce clause doesn't validate the individual mandate?
It compels individuals to engage in commerce activity instead of regulating existing activity. I.e. inactivity cannot be regulated
The privileges and immunities clause limits the ability of a state to discriminate against out-of-staters with regard to ________ .
constitutional rights; important economic activities
Name the case: "if it is interstate commerce that feels the pinch, it does not matter how local the operation which applies the squeeze" hint: racial discrimination & cc
Heart of Atlanta Motel v. United States (1964)
3 characteristics of inferior officers
(1) can be removed
(2) limited duties
(3) limited, temporary jurisdiction
Actions within a president's exclusive authority = _________ immunity from criminal prosecution.
absolute
What is the Pike balancing test? Who has the burden?
Nondiscriminatory state laws that place an incidental burden on interstate commerce are upheld unless the burden imposed is clearly excessive in relation to the local benefits. Challenger has the burden.
2 questions that arise under a challenge to the privileges and immunities clause?
(2) if there is such discrimination, is there sufficient justification for the discrimination?
Taxing & Spending Power: What test do we use from South Dakota v. Dole (1987) for when spending conditions become too coercive?
(1) spending must be for general welfare
(2) condition must be unambiguosu
(3) related to federal funds
(4) other constitutional provisions must not bar the grant
2 Exceptions to removal power vested in President (Selia Law LLC v. CFPB)
(1) expert agencies led by group of principal officers
(2) inferior officers with narrowly defined duties
Actions a president takes within the "outer-perimeter" of authority have presumptive immunity from criminal prosecution unless...
unless government can show that applying a criminal prohibition would pose no dangers of intrusion on the authority and functions of the executive branch
What are the 2 exceptions to DCC challenges?
(1) congress approves the state law
(2) market participant exception
Can states discriminate against non-resident applicants to the bar?
No. (Katheryn A. Piper)