Commerce Clause
What is
1. When state acts using its police powers as market regulator
or
2. when state acts as a market participant
The required elements to satisfy standing
What is (1) a personal stake/ injury that is (2)causally linked to the act in question
True or False?
Executive Presidential Privileges in regards to privileged communications is an absolute executive power
What is?
False
The president does have some absolute privileges but privileged communications is a qualified, not absolute privilege
When a treaty and federal statutes are both deemed to be the "supreme law of the land" but when a treaty and a federal statute conflict, which will prevail
What is
The one created last in time
Citizens of each state shall be entitled to all privileges and immunities of citizens in the several states
What is Privileges and Immunities Clause
Issues of Legislation do not exist in a vacuum, therefore if states lack the power to regulate an issue because it would pose an undue burden on interstate commerce Congress must have the power to regulate that issue. Name the Theory
What is the
Vacuum Theory
Under Article III Section II when the court is unable a remedy for the harmed party the court does not have the power to hear the suit because there is no valid case or controversy due to...
What is
Mootness
True or False?
A court lacks all power to hear a case when an alleged harm has not yet occurred because there is no case or controversy
What is False
The Abbott Laboratories Standards takes into consideration the hardship a party would suffer if court consideration is withheld until a later a time
True or False?
The president has the power to seize private property so long as the seizure serves the purpose of other existing laws
What is false
Seizing private property isn't an inherent presidential power
The two criteria that render an issue a political question, unfit for judicial review
What is
1. when the issue is textually committed to another branch of government
and/or
2.There is a lack of judicially manageable standards to determine the case on the merits
Individual behavior then together with the individual behavior of others that would effect interstate commerce
What is Cumulative Affect
This was one of the standards of review when deciding the scope of the commerce clause 1937-1995
ex. The wheat production ceiling case
Standing for this type of law suit requires an allegation that congress is acting outside the proper use of the taxing and spending clause
What is Tax Payer Lawsuits
True Or False:
A court lacks the power to hear a suit when both parties seek the same result
What is True
There is no case or controversy when
-A party controls both sides of a case
or
-both parties seek the same result
3 Presidential privileges that are absolute
What are
1. Military
2.Diplomatic
3.National Security
Powers given expressly through the text of the constitution alone
What are enumerated powers
The difference between The Commerce Clause and the Dormant Commerce Clause
What is
The Commerce Clause is an enumerated power that gives congress the power to legislate issues involving interstate commerce
The Dormant Commerce Clause is a limitation on state legislation that affects interstate commerce
The elements to required to establish 3rd Party Standing
What is?
(1)Relationship of the litigant and the one who's rights he asserts are significantly close
and
(2) there is some obstacle to the first party bringing his own suit
True Or False:
The general authority to regulate in the interests of health, safety, and welfare is an area of law deemed to be Concurrent Jurisdiction, allowing both State and Federal governments to enact legislation
What is False
Police Power (the general authority to regulate in the interests of health, safety, and welfare) is a power given exclusively to the states, Congress has no police power
In order to create a treaty the president must seek the advice and consent from this branch of government
What is the 2/3 of the Senate
According to the holding in Ex Party Young when a state representative ____ _________ they are not entitle to receive sovereign immunity
What is
Acts Unconstitutionally
The two part test used to determine if a state is acting constitutionally in a market regulatory/ police power function
What is
1. The regulation must serve a legitimate public purpose
and
2. there is no less discriminatory alternative available
What article/section of the constitution determines/ defines the Court's power to hear a case or controversy
Article III Section II
True or False?
Under the 11th Amendment the United States or other state governments are barred from being a party in litigation
What is False
While 11th amendment does bar private actions against the United States or State governments as a defendant, the 11th amendment does not bar actions brought by the United States or State governments as plaintiffs
The President's power to pardon does not extend to prevent this type of offense.
What is
Impeachment of a Federal Officer and/ or Civil Contempt Charges
The four part test, analyzed when determining the constitutionality of State Taxing
2. the tax is fairly apportioned
3. it does not discriminate against interstate commerce
4.it is fairy regulated to services provided by the taxing state