Parts of the Constitution
Which Article of the Constitution confers power to Congress?
Article I
The Test for Standing:
1. Injury-in-fact
2. Causation
3. Redressability
Grants Congress power to regulate interstate commerce
Commerce Clause
Congress can regulate purely intrastate commerce.
False! Congress can regulate intrastate commerce that may have substantial effects on interstate commerce.
Originalism
Which Article of the Constitution confers power unto the Executive Branch?
Article II
The Test for Necessary and Proper Clause:
Ends-Means Analysis
The Means (the HOW) must be appropriate and rationally related to the Ends (Enumerated Powers)
Federal Law trumps state Law
Supremacy Clause
The Tenth Amendment allows States to enact laws that contradict federal law.
False
Term of office that lasts for the office holder's lifetime
Life tenure
Which Article of the Constitution confers power unto the Judicial Branch?
Article III
The Fourteenth Amendment prohibits:
a. The Federal Government from violating Bill of Rights
b. States from violating individuals' Bill of Rights
c. Slavery and Involuntary Servitude
d. Discrimination by Private Employers
b!
Principle says that each branch is given certain powers to check and balance other branches.
Seperation of Powers
Congress is limited to the powers enumerated in the Constitution.
False.
Powers that are expressly named or granted.
Enumerated
Where is the Dormant Commerce Clause located in the Constitution?
No where. It is implicit by their being a Commerce Clause delegating interstate commerce power to Congress!
True or False: State law trumps federal law
Division of power between governments of states and a collective government as a whole.
Federalism
A Plaintiff who suffered an injury of being stigmatized has standing.
True!
Principle that ensures fair treatment for individuals by the government
Due Process
Under ______ jurisdiction, the Supreme Court can hear cases for the first time.
Original
How does a bill get passed?
Bill must pass by majority in the House AND Senate. President must approve/sign the bill. If President vetos/denies the bill, House and Senate must vote again and must win by 2/3rds.
This clause prevents a state from treating citizens of other states in a discriminatory manner.
Privileges and Immunities Clause
The President can veto one line of a bill and the rest will be passed.
False.
Connecting, or existing between two or more states especially of the U.S.