Federal Court Jurisdiction
Existence of an injury-in-fact, causation, and redressability are this type of standing requirement, meaning that they absolutely must exist in order for a federal court to have jurisdiction.
What is a constitutional standing requirement?
Marbury v. Madison is the origin of this fundamental power of the judiciary.
What is Judicial Review?
A federal law that states, "The purpose of this law is to override the contrary law enacted by the State of Idaho" is an example of this kind of preemption.
What is express preemption?
Sure, the interstate commerce power gets all the attention, but don't forget that the Constitution also grants Congress the power to regulate commerce with these other two entities.
What are foreign nations and Indian tribes?
This is Professor Idleman's first name.
What is Scott?
DAILY DOUBLE!!
When mootness occurs, it is almost always because this other case or controversy element has been lost.
What is standing?
Under the Second Amendment interpretive methodology announced in Bruen, this party bears the burden of demonstrating that a long, well-attested, and relatively continuous historical tradition of analogous laws exists.
Who is the government/defendant?
This provision of Article VI of the Constitution is the basis for federal law's preemptive power over state law.
What is the Supremacy Clause (Clause 2 of Art. VI)?
Unlike the enforcement powers granted to Congress in the Thirteenth and Fifteenth Amendments, the Fourteenth Amendment's enforcement power can only be brought to bear against this type of conduct?
What is government conduct?
Constitutional Trivia time! These three constitutional amendments, often referred to as the Reconstruction Amendments, were enacted in the wake of the Civil War to address issues relating to slavery and discrimination against African Americans.
What are the Thirteenth, Fourteenth, and Fifteenth Amendments?
Let's get political. If the president challenges the Senate's investigative procedures relating to the impeachment trial of that president, a court is likely to cite this Baker factor as the reason for why the issue is not justiciable.
What is the issue involves resolution of questions committed by the text of the Constitution to another branch of government?
In McCulloch v. Maryland, SCOTUS interpreted the word "necessary" in the Necessary and Proper Clause to have this meaning.
What is anything reasonably related to one of Congress' enumerated powers?
These are the two subdivisions of implied preemption.
What are conflict preemption and field preemption?
Congress can prevent or remedy constitutional violations--as defined by the judiciary--that are not specifically prohibited in SCOTUS cases as long as Congress can show evidence that such measures are these two adjectives.
What is congruent and proportional?
South Dakota v. Dole upheld Congress's ability to withhold a percentage of highway funds from states that did not raise their minimum drinking age to 21. This state was the last to make the change to 21, which is fitting considering the state is also last in terms of population and alphabetically.
What is Wyoming?
Issues relating to this case or controversy element often occur in the pre-enforcement context, because the most evident cause of potential injury—a law’s enforcement—has not yet occurred.
What is ripeness?
In Sebelius, Justice Roberts saved the Affordable Care Act by upholding it not as a valid use of Congress's commerce power, but rather as a valid use of this other power of Congress.
What is the taxing power?
DAILY DOUBLE!!
If a state law is an obstacle to fully accomplishing a federal law's objectives, and Congress didn't directly state its intent to override state laws, then this three-word kind of preemption occurs.
What is implied, indirect, conflict preemption?
When Congress wants to regulate an activity substantially affecting interstate commerce, courts consider these two Lopez factors to be absolutely essential.
What are. . .
The regulated activity has a commercial or economic nature
AND
A jurisdictional element links the activity to interstate commerce?
In a move that likely violated the Galactic Constitution, this villain from the Star Wars saga declared "I am the Senate" and proceeded to commit a genocide against the Jedi?
Who is (Chancellor/Emperor) Palpatine?
What are the U.S. district/trial courts
AND
the U.S. Court of Appeals/circuit courts?
In United States v. Klein, SCOTUS held that it is unconstitutional for Congress to enact a law that tells the courts how to apply pre-existing law to the particular circumstances of a pending case, which commonly goes by this name.
What is a rule of decision?
SCOTUS has held that this is always the goal of preemption analysis.
What is congressional intent?
Not so fast Congress--the "general welfare" language in the Constitution doesn't grant you police powers but merely relates and applies to this pair of enumerated powers.
What are the taxing and spending powers?
She is the only sitting U.S. Supreme Court justice not to have graduated from an Ivy League law school.
Who is Amy Coney Barrett?