Art. I
The areas Congress may regulate under CC
Channels of interstate commerce
Persons or things in interstate commerce/instrumentalities of interstate commerce
Activities affecting interstate commerce
Impoundment Control Act's major assumption
Assumes presidential impoundment of funding is unconstitutional
Organizational v. Associational standing
Organizational: if organization can assert injuries to the organization itself
Associational: if organization can establish standing by asserting injuries of its members
Express Preemption
Statute contains a preemption provision that explicity preempts state law
scope determined by interpreting language
Necessary and Proper test
Challeneged law mst be
APPROPRIATE MEANS
- Plainly adapted
- not otherwise prohibited
- Consistent with letter and spirit
to achieve a LEGITIMATE END
- Enumerated powers
- All other powers vested
Morrison v Olson
upheld the Independent Counsel law, ruling that Congress can limit the President’s removal power for certain executive officers if doing so does not unduly interfere with executive functions—though Scalia dissented, arguing for a strong unitary executive.
5 Justiciability limitations
Ripeness
Mootness
Standing
Political Q
Implied preemption
Field
Conflict/Impossibility
Obstacle
1. What is the individual, intrastate activity being regulated?
2. If the regulated activity is economic or commercial, the Aggregate principle applies + deference to Congress
- Could congress reasonably believe that the regulated activity, in the aggregate, has a substantial effect
3. If the regulated activity is not economic or commercial:
-unless activity, by itself, substantially effects I/C, it is unconstitutional
What is the anti deficiency act
Prohibits government from making or authorizing expenditures exceeding amount available in appropriations
Why was Rucho a Political Q?
No managebble standard for resolving partisan gerrymandering
Immigration, Nuclear safety, Airline safety
When does federal law commandeer states
if it harnesses a state's legislative or executive function (i.e., ordering states to regulate individuals in certain ways)
How to determine if someone is an inferior officer (Morrison factors)
Subject to removal by higher branch OR directed and supervised by superior who is principal
Empowered to perform only certain limited duties
Position is limited in jdx and tenure
What happened in Lujan
court hates animals
What is the one case in which a discriminatory law was upheld under DCC strict scrutiny?
Maine v Taylor
Intelligent principle test
Congress can deleagte authority as long as it:
- Defines goals and limits of authority
- Does not give unlimited discretion to exec. branch
Curtiss-Wright
Nature of foreign affairs power
- President likely to have secret info
- Nation must speak with "one voice" in matters of foreign affairs
Elements of standing in detail
Injury in Fact
-Concrete and particularized
- Actual and imminent
- not a generalized grievance
Causation
- Fairly traceable to challenged law or action
- must not be too speculative or attenuated
Redressability
- IIF is likely to be redressed by a decision granting P's requested relief
-Remember organizational vs associational standing
Dormant Commerce Clause Definition
State and local laws that palce an undue burden on I/C are unconstitutional
When figuring out the constitutionality of an act of congress, always ask what two questions?
First, does Congress have the authority under the Constitution to legislate? This requires defining the scope of the powers granted to Congress, particularly in Article I, §8 of the Constitution.
Second, if so, does the law violate another constitutional provision or doctrine, such as by infringing separation of powers or interfering with individual liberties?
Dole Factors
Limits on spending conditions
- Excersise of power must be for general welfare
- Conditions must be unambiguous
- Conditions must be rationally related to spending program
- Conditions cannot violate other constitutional provisions
- Conditions cannot be so coercive as to compel state to accept
Selia removal test
The president must have unfettered power to remove officers in the executive branch UNLESS
- Multi member boards and commissions exercising their expertise in the performance of quasi legislative or quasi judicial functions
- inferior officers performing limited duties with no policymaking authority
Why wasn't Zivitofsky a political question
claim was a legal Q, determining constitutionality of statute, court had to decide if it conflicted with foreign policy powers
What are the good fruits and what is the bad fruit
Good: Arizona Cantaloupes, Washignton Apples
Bad: Florida Avocados
Comstock Factors
Is there a history of similar statutes
Is the challenged law a modest addition to this body of law
Are there sound policy reasons for the law
Does the law accommodate state interests
Too attenuated?
Justice Jackson Approach to Presidential Authority
Scope of presidents power depends on what congress has done
- Lowest Ebb
- Congressional prohibition
- President must show that the subject is within their constitutional authority and beyond congresses
- Zone of twilight
- Congressional silence
- Imperatives of events
- Contemporary imponderables
- Maximum power
- Congressional authorization
-Is the authorization constitutional?
-Is the presidents action within the scope of authorization?
Baker factors
Political Question if:
- Constitution texxtually commits issue to a particular branch
- lack of judicially discernable or managalbe standards
- impossibility of deciding issue without initial policy determination
- risk of judicial disrespect
- potential embarrassment
DCC Test
Is the law discriminatory on its face, in its purpose, or in its effects?
Yes: State must pass strict scrutiny, show that law is necessary to achieve state interest
- Least restrictive alternative
- Is law helping IS businesses at expenses of OOS or are benefits spread more evenly
No: Balancing test, presume constitutional, balance burden on commerce with benefit to state