Advanced Judicial Power
Established in Marbury, this is the distinction between a duty required by law and a political choice.
What is Ministerial vs. Discretionary?
This is the most expansive prong of the Commerce Clause, used to regulate purely local activities like home-grown wheat.
What is Substantial Affects?
This is the highest level of Presidential power, occurring when the President acts with the express or implied authorization of Congress.
What is Tier 1 (Maximum Authority)?
This 10th Amendment principle prevents the federal government from forcing state legislatures to enact a federal regulatory program.
What is the Anti-Commandeering Doctrine?
A plaintiff complains about a law but cannot show any personal harm.
What is lack of injury (no standing)?
This doctrine, found in the practice exam, prevents a suit if the court determines the injury is "too abstract" or a "generalized grievance."
What is the Standing Doctrine?
Under the Lopez framework, Congress cannot use the "Aggregation Principle" if the regulated activity is classified as this.
What is Non-Economic/Non-Commercial?
In U.S. v. Nixon, the Court ruled that the President's privilege is not absolute but is instead this.
What is a Qualified Privilege?
In Printz, the Court extended the anti-commandeering rule to protect these specific state actors from being forced to conduct background checks.
What are State Executive Officials (or Law Enforcement)?
A case challenges a presidential action that involves foreign policy discretion.
What is a political question (non-reviewable discretionary act)?
his Article III clause is the source of Congress’s power to "strip" the Supreme Court of its ability to hear certain appeals, as seen in Ex Parte McCardle.
What is the Exceptions Clause?
Even if a crime is violent, Congress can regulate it if it occurs within these, such as an airplane or a truck engaged in interstate travel.
What are Instrumentalities of Commerce?
This unconstitutional legislative action attempts to bypass "Bicameralism and Presentment" by allowing one house to overrule an executive decision.
What is a Legislative Veto?
According to NFIB v. Sebelius, federal financial pressure on states becomes unconstitutional when it reaches this metaphorical level.
What is a "Gun to the Head"?
Congress regulates local wheat production because, in the aggregate, it impacts the national market.
What is the aggregation principle under the substantial effects prong?
In McCulloch v. Maryland, the Court established this specific limitation, preventing Congress from passing a law under a "false purpose" to reach an end not granted by the Constitution.
What is the Pretext Limitation?
This 1942 case serves as the "high water mark" for the Commerce Clause, allowing regulation of a farmer’s personal crop to protect the national market.
What is Wickard v. Filburn?
In Medellin, the President was unable to enforce an ICJ judgment because the underlying treaty had this specific legal status.
What is Non-Self-Executing?
This doctrine allows a state to discriminate against out-of-state interests if the state is acting as a buyer or seller rather than a regulator.
What is the Market Participant Doctrine?
Congress passes a law forcing state police to enforce a federal gun background check system.
What is a violation of the anti-commandeering doctrine (executive commandeering)?
Under the Political Question Doctrine, the Court will likely dismiss a challenge to this specific Congressional process because the Constitution grants the "sole power" to the Senate to try all instances of it.
What is Impeachment?
In Morrison, the Court rejected this argument as a basis for federal regulation because it would effectively give Congress a "general police power."
What is the "costs of crime" or "national productivity" argument?
The President's power was upheld in Zivotofsky v. Kerry because the Court found the power to recognize foreign sovereigns was this.
What is Exclusive (and Preclusive)?
Under the Dormant Commerce Clause, a neutral state law will be upheld unless the burden on interstate commerce is this.
What is Clearly Excessive in relation to the local benefits?
The President refuses to turn over confidential communications during a criminal investigation but the court orders disclosure.
What is executive privilege yielding to a specific need for evidence in a criminal trial?