The Judiciary
This power binds all state actors, regardless of participation as a party to a lawsuit.
What is the power of Judicial Review?
The facts must meet at least one of these to pass this test.
What is a categorical test?
Add up everyone's actions to fully understand the activities' impact on the national economy.
What is aggregation?
The President must do this with the advice and consent of the senate.
What are appointment powers?
An elements test within a categorical test.
What is the substantial effects test (as part of the modern commerce clause analysis).
Cases involving Ambassadors, Public Ministers, Consuls, and States vs States.
What is the Original Jurisdiction of the Supreme Court?
Weighing different considerations against each other determines the outcome of this test - with no one consideration being dispositive.
What is a factors test?
Enumerated: "If it's not on the list, it is not on the list."
What is Congress's powers under Article 1, sec. 8?
Congress approves: Maximum power!
What is Zone 1?
When Congress says it is raising revenue, but it is actually punishing or dissuading.
What is a tax that is really a penalty?
This doctrine applies when an issue is textually committed to a coordinate branch, lacks judicially manageable standards, or is otherwise imprudent.
What is the Political Question Doctrine?
This difficult test helps courts deal with conflicts between two legitimate arguments, which is an issue and controversy known to be more "sociology than law."
What is the balancing test?
Handcuffs on Congress: Hands off original jurisdiction, no reference to prior cases, and must target future cases only.
What is constitutional jurisdiction stripping?
When an executive order is contrary to a law passed by Congress.
What is zone 3?
Political Question Doctrine, Standing, and Mootness/Ripeness
What are the concepts for Justiciability?
Produce the body!
What is Habeas Corpus?
Give the court every requirement needed to get a desired outcome with this test.
What is an elements test?
Roads and water ways, trucks and boats, and impact on national economy.
What is the commerce clause analysis?
An agreement with a foreign country that explicitly states "self-executing."
What is a self-executing treaty?
[. . . .] is required for an appropriate delegation from Congress to the Executive.
What is an Intelligible Principle?
Injury, causation, and redressability
What are the elements for standing?
This test has to do with how you get there and where you're going.
What is a means-ends test?
Congress's spending on Bibles, Crosses, and funding a Christian TV station.
What is Taxpayer Standing?
Unlike Congress, the Executive has this kind of power.
What is plenary powers beyond those listed in Article 2?
Discrimination + against interstate commerce.
What is the Dormant Commerce Clause?