The Constitution
These... shall be composed of two from each state.
Art. 1, Sec. 3, Cl. 1
Who are Senators?
RULE: The Constitution grants the Supreme Court the power to declare laws unconstitutional.
What is the Marbury v. Madison rule?
Injury in Fact. Causation. Redressability.
What are the elements of Standing?
The interstate commerce clause. The foreign commerce clause. The dormant commerce clause. The Indian commerce clause.
What clauses allow Congress to regulate commerce?
Refers to the implied restrictions on states' power to burden or discriminate against interstate commerce.
What is the Dormant Commerce Clause?
For, and conviction of, treason, bribery, or other high crimes and misdemeanors.
Art. II, Sec. 4
What are reasons for Impeachment?
Controversies between states. Controversies between a state or its citizens and a foreign country or its citizens or subjects. Admiralty cases.
What are federal judiciary powers granted by the Constitution?
There must be a probability that the injury could be remedied by the court.
Intercourse by way of trade and traffic between different peoples or states and the citizens or inhabitants thereof, including not only the purchase, sale, and exchange of commodities, but also the instrumentalities and agencies by which it is promoted and the means and appliances by which it is carried on, and the transportation of persons as well as of goods, both by land and by sea.
What is Commerce?
State laws that serve no purpose other than economic protectionism.
Two thirds of both houses shall deem it necessary. Or, on the application of the legislatures of two thirds of the several states. And when ratified by the legislatures of three fourths of the several states.
Art. V
What is the Amendment Process?
RULE: Although the United States Supreme Court’s appellate jurisdiction is derived from Article III of the Constitution, it is conferred subject to whatever exceptions and regulations Congress chooses to make.
What is the Ex Parte McCardle rule?
NOT Advisory, Standing, Ripeness, NOT Moot.
What is a justiciable case?
RULE: Any interstate commerce activity that has a substantial effect, in the aggregate, on the economy of the nation can be regulated by Congress.
What is the Wickard v. Filburn rule?
If a state statute is facially neutral, the judiciary will balance the putative local benefits with the burden the statute places on interstate commerce, and will find the statute invalid if the burden substantially outweighs the local benefits.
What is the DCC Balancing Test?
If after such reconsideration two thirds of that House shall agree, it shall be sent to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law.
Art. I, Sec. 7, Cl. 2
What is the process for overriding a Presidential Veto?
(1) a textually demonstrable constitutional commitment of that issue to another political branch; (2) a lack of judicially discoverable and manageable standards for resolving the issue; (3) an impossibility of deciding the issue without making an initial policy determination of a kind not suitable for judicial discretion; (4) a lack of respect for the other branches of government in undertaking independent resolution of the case; (5) an unusual need for unquestioning adherence to a political decision already made; or (6) the potential for embarrassment for differing pronouncements of the issue by different branches of government.
What constitutes a Political Question? (Under Baker v. Carr)
Capable of repetition yet evading review.
What is the mootness exception?
HOLDING: The legislation violated the commerce clause, because Congress may not use its commerce power to regulate methods of manufacturing.
What is the holding in Hammer v. Dagenheart?
RULE: Where a state regulates non-discriminatorily for the achievement of a legitimate local purpose and thereby affects interstate commerce, the state action is constitutional unless the burdens of such regulation on interstate commerce are clearly excessive relative to the putative local benefits of it.
What is the rule for City of Philadelphia v. New Jersey?
Article I, Section 8, Clause 3
What is the Commerce Clause?
In all the other cases before mentioned, the Supreme Court shall have this; both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
Art. III, Sec. 2, Cl. 2
What is appellate jurisdiction of the SCOTUS?
RULE: In determining whether a case or controversy is ripe for adjudication, a court must evaluate the fitness of the issues for judicial decision and the hardship to the parties of withholding court consideration.
What is the rule for Abbott Laboratories v. Gardner?
Gibbons v. Ogden, Shreveport Rate Cases, West Coast Hotel Co. v. Parrish, & United States v. Darby Lumber Co.
What cases expanded the commerce clause?
RULE: A facially neutral statute still violates the Commerce Clause if it discriminates against interstate commerce in practice.
What is the rule of Hunt v. Washington State Apple Advertising Commn.?