Article I
What is Article I's focus?
The Legislature
What is Article III's focus?
The Judiciary
What is the significance of Marbury v. Madison?
Created Judicial Review
What is the Court’s conclusion in Lopez?
1.The possession of a gun in a local school zone is in no sense an economic activity that might, through repetition elsewhere, have such a substantial effect on interstate commerce.
2.The Act contains no jurisdictional element that would ensure, through case-by-case inquiry, that the firearms possession in question has the requisite nexus with interstate commerce.
Compare and contrast the importance of prudential standing in Lujan v. Defenders of Wildlife and Allen v. Wright.
Lujan v. Defenders of Wildlife
A plaintiff challenges a federal regulation that jeopardizes endangered species. However, the plaintiff does not have an actual connection to an endangered species and only has a hypothetical injury. The plaintiff has failed to prove that she suffered an injury-in-fact.
Allen v. Wright
The Court found that the circumstances involved in this case did not warrant federal-court adjudication. Justice O'Connor's opinion argued that the Court could not act since the injuries that the suit identified were not "judicially cognizable" and because they were not "fairly traceable to the assertedly unlawful conduct of the IRS."
What are the types of congressional powers?
Enumerated or express
Implied
Inherent
What is justiciability? Explain.
Advisory Opinions
Standing
Ripeness
Mootness
Political Question
What are the five principle lessons from Marbury?
1) The constitution is not limited to the text alone. (Is silent regarding judicial review.)
2) The constitution IS regulatory and can be judicially enforced, not merely aspirational.
3) Congress CANNOT restrict or expand the Court’s original jurisdiction.
4) The court MAY review executive action that is ministerial. (non-discretionary)
5) The court may review legislation for constitutionality.
What is the 2 important take-aways of South Dakota v. Dole?
1.Congress has broad spending powers and can attach limits on the receipt of Federal funds.
2.Limits must be intended to a) serve “general public purposes,” b) they must be imposed “unambiguously” so that States can exercise their choice knowingly; and c) they must be related to the federal interest in particular national projects or programs.
Joan is an officer in the United States Army. Although she is assigned to an infantry unit, she has been excluded from combat duties solely because of her gender. She files suit in federal district court claiming that this gender-based exclusion violates her right to equal protection under the Due Process Clause of the Fifth Amendment. She seeks an injunction against enforcement of the policy. The district court rules against her and she files an appeal. During the pendency of the appeal, Joan retires from the military with no possibility of returning to the service. Is her claim moot?
1.Yes because the change in fact eliminates the legal adversity between Joan and the Army.
Explain the Commerce Clause and its history.
1918 - 1941 Narrow Interpretation
1941 - 1995 Broad
1995 -
When does State immunity not apply?
Suing State Officers
States waive the 11th A. protections.
Congress allows suit under 13th, 14th, 15th and bankruptcy.
What is the 11th A. Alden v. Maine?
States cannot be sued in state court without their consent.
Is Gonzales v. Raich important? How?
Modern Commerce Test
What does a federal court focus on when determining whether a particular issue presents a nonjusticiable political question?
1.Does the issue implicate the separation of powers?
2.Does the Constitution commit resolution of this issue to either the President or the Congress?
What historical political struggle led to the adoption of the Civil Rights Act under the Commerce Clause?
History of Commerce Clause and broad interpretation.
Failed history of Civil Rights Act
A congressional subcommittee proposed a law creating a publically available Digital Offender Database. Any individual convicted of infringing a digital copyright via illegal download would be required to register himself in the database and to notify his internet service provider, cell phone provider, local or school libraries, and other facilities that the offender used to access the internet, of his registration in the database.
If enacted, is the law a proper exercise of congressional power?
A. Yes, because the law would pose a minimally intrusive infringement upon individual rights in exchange for a substantial public good.
B. Yes, because the necessary and proper clause provides Congress with the authority to take extensive measures to execute its enumerated constitutional powers, including the power to protect copyrights.
C. No, because Congress's actions encroach on powers reserved to the states by the Tenth Amendment.
D. No, because Article I only grants Congress legislative powers "herein," meaning that the power to establish such a database must be explicitly mentioned in the Constitution.
B. Yes, because the necessary and proper clause provides Congress with the authority to take extensive measures to execute its enumerated constitutional powers, including the power to protect copyrights.
Why is Goldwater v. Carter important?
Where an issue is silent as to who has the power, it is a political question.
What was the holding of Katzenbach v. McClung?
Federal laws like the Civil Rights Act of 1964 apply not only to restaurants that serve interstate travelers, but also to restaurants that use food that has traveled in interstate commerce, which must provide fully equal access to African Americans.
As part of its effort to improve postal services in rural communities, Congress has delegated to the U.S. Postal Service an authority to exercise the power of eminent domain to procure land for new and expanded post office facilities in those communities. The Constitution grants Congress the power to “establish Post Offices and post Roads.” It does not, however, mention anything about a power of eminent domain. Does the congressional action represent an appropriate exercise of constitutional power?
1.Yes because the power of eminent domain is an inherent power of the state under the Fifth Amendment.
2.Yes under the Necessary and Proper Clause.
How does the failed constitutionality of the Affordable Care Act differ from the holding in DOLE? What could have been done differently for the Affordable Care Act to have been constitutional?
Excessive cuts were seen as a penalty.
Federal funding cuts were not as substantial in Dole.
Daley Double!!!!!!
Daley Double!!!!!!
What's the holding of Zivotofsky v. Clinton?
Where an issue that may be a political question, if it can be solved by interpreting the constitutionality of a statute, that is permissible;
List the Liberal and Conservative arguments made in Lopez.
The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.
The House of Representatives has voted to exclude Eve from membership in the House despite the fact that Eve is a duly elected representative from District 27 in her state. The exclusion vote was based on Eve’s refusal to fire a member of her staff who had leaked confidential information regarding a congressional hearing. Eve files suit challenging the exclusion as beyond the power of the House of Representatives. Does Eve’s challenge present a nonjusticiable political question?
1.No based on Powell v. McCormack.