Article I/Legislative
This clause gives Congress the power to spend money for the general welfare.
What is the Spending Clause?
We are in this zone when Congress has authorized the president's act explicitly or implicitly.
When are we in Zone 1?
This must be present in order for the court to hear a case.
What is standing?
This is an exception to the Dormant Commerce Clause (only need one).
(1) Congressional Approval: Congress can approve state regulations that discriminate against out-of-staters or burden interstate commerce.
(2) Market Participant: States can favor their own citizens when acting as a market participant (but note downstream participation limit).
The law must be rationally related to a legitimate interest.
What is the standard for rationality review?
Congress can act pursuant to this clause when it is regulating a person or thing in interstate commerce, or an instrumentality of interstate commerce.
What is the Commerce Clause?
The standard is, "The President's action is not okay unless Art. II exclusively and conclusively grants power to the President."
What is the Zone 3 standard for judging presidential action?
Cases where the plaintiff sues to have a law declared unconstitutional because they believe they are going to break the law, which they will be punished for.
What is ripeness cases?
These are the three kinds of implied preemption.
Conflict: when it is physically impossible to comply with both laws.
Obstacle: when the State law creates an obstacle to the purpose of the federal law.
Field Preemption: when Congress has made so many laws that there is no room for states to supplement.
Access to lethal drugs for physician-assisted suicide [is or is not] a fundamental liberty.
This is not a fundamental liberty interest, so it is subject to rationality review.
The Necessary and Proper Clause allows Congress to create laws that are... (rule statement)
Rationally related to the implementation of an enumerated power.
Principle executive officers may be appointed in this way.
Which executive officers are appointed with Presidential nomination and the advice and consent of the Senate?
Courts usually give more deference to the government than private parties for this mootness exception.
What is voluntary cessation?
States can discriminate against out-of-state residents under the privileges and immunities clause when this standard is satisfied.
The Privileges and Immunities Clause does not preclude discrimination against nonresidents where (1) there is a substantial state interest for the difference in treatment; and (2) the discrimination practiced against nonresidents bears a substantial relationship to the State’s objective.
Something that has the purpose or effect of imposing a substantial obstacle to getting an abortion.
What is an undue burden?
For Congress to legislate under this power, there must be congruence and proportionality between the injury to be remedied and the means adopted to that end.
What is the 14th amendment Sec. 5, enforcement power?
This is required when a decision changes the legal rights, duties, and relations of persons outside the legislative branch.
What is bicameralism (both houses of Congress) and presentment (to the president for approval or veto).
(1) This time period is long enough for a case to make it through the court system.
(2) This time period is NOT long enough for a case to make it through the court system.
(3) This is the exception that these time periods apply to.
(1) 3 years (Defunis)
(2) 9 months (Roe)
(3) CRYER: Capable of repetition, yet evading review.
This is how we determine if a state law infringes on a protected privilege or immunity.
What is, "whether the conduct is fundamental to interstate harmony and/or vitality of the nation"?
(Previously protected privileges and immunities: (1) right to work; (2) right to hold property; (3) access to courts).
These three tests are used to determine if a right is a fundamental liberty.
What are (1) A liberty interest deeply rooted in this Nation's history and tradition; (2) A liberty that is implicit in ordered liberty (humans would not have left the state of nature if we knew the government would take it away); (3) the extension test: a pre-existing fundamental liberty can be extended to a new group when the interests underlying the interest apply equally to the new group
Congress can abrogate state sovereign immunity if it... (2 requirements)
(1) unequivocally expresses its intent to do so (2) pursuant to a valid power.
What is the holding from Seila? OR What is the general rule (before exceptions) for removals?
If there is a single head of a purely executive agency, they must be removable at will.
Note exceptions for Humphrey's Executor and Morrison.
These are the requirements for an association to have standing.
What are the following: (1) One association member has to have standing; (2) the member's interest must be germane to the association's purposes; and (3) the suit must not require individual participation (such as presenting evidence)?
This is the standard of review for when a state substantially impairs a private contract.
When must the state point to (1) a legitimate public purpose; and (2) show that the adjustment is reasonable.
This is the strict scrutiny standard.
What is the standard that requires a compelling state interest, and a law narrowly tailored to that interest (not over/under inclusive and no less restrictive alt.)?