Con Law History
What is an Originalist?
A person who confines themselves to enforcing norms that are stated or clearly implicit in the written constitution.
Basically, stick to what the Constitution says!
Can state courts and federal courts give advisory opinions?
State courts CAN give advisory opinions BUT federal courts CANNOT.
What are the two categories that Presidential Powers fall under?
1. Inherent/Implied/Traditional Powers
2. Express/Constitutional Powers
Can Congress change the court's appellate jurisdiction?
Yes! This was established in Ex Parte McCardle.
What case gives the 6 factors to consider when analyzing a political question?
Baker v. Carr
What is a Non-Originalist?
A person who argues that it is important that the Constitution evolve by interpretation and not only by amendment.
Basically, interpret the Constitution to fit modern society.
What are the 5 exceptions to mootness?
1. Wrongs capable of repetition, yet evading review.
2. Voluntary Cessation
3. Class Action
4. Death of a part
5. Collateral Injuries
What is the main difference between a Treaty and an Executive Agreement?
For a treaty to be made, the advice and consent of the Senate is needed.
An Executive Agreement does not need to be presented to the Senate and is effective when signed by the President and the head of the other government.
Can the court review disputes between states?
Yes, the Eleventh Amendment does not prohibit SCOTUS from hearing disputes between states.
Why is United States v. Nixon important?
This was the first Supreme Court ruling on executive privilege.
What case established Judicial Review, and what is Judicial Review?
Marbury v. Madison established judicial review.
Judicial review is the process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. The court may invalidate laws, acts, or certain governmental actions that are incompatible with the Constitution.
What are the two prongs in the Flast v. Cohen test, and when would this test be used?
The two prongs are:
1. Logical link between taxpayer status and the challenged action.
2. Nexus between taxpayer status and the constitutional violation.
This test would be used to establish standing as a federal taxpayer.
Does the President need Congress's approval prior to ending a treaty?
Like Rosa Parks said "Hell Nah"
Can the President bring a case for SCOTUS to hear if he believes his impeachment is unconstitutional?
NO!!! This is a political question. Congress has the express power to handle impeachments.
What did Alexia Morrison v. Olson establish?
This established that Congress may vest appointment power of Inferior Officers in:
1. The president alone
2. Heads of executive agencies
3. Courts of law
What Article and Section sets out the federal judicial power?
Article III, Section 2 of the Constitution.
What is the Zone of Interest Test under Prudential Standing?
The Zone of Interest tests whether the plaintiff's injury is the type the statute was designed to protect.
If there is a conflict between a treaty and a federal statute, which one controls?
The one adopted last in time controls.
Give me a summary of Justice Douglas's opinion and Justice Frankfurter's opinion in Youngstown Sheet.
Justice Douglas: POTUS has power, but he cannot use the powers that were given to Congress.
Justice Frankfurter: Congress needs to signal in some way that we are in a state of national emergency for the president to act in this way.
What did the Lyons case teach us?
The Lyons case taught us about the injury-in-fact element of standing. The plaintiff needs to have an imminent injury in order to have standing.
Who was Marbury, and who was Madison?
William Marbury was the would-be justice who sued after his commission wasn’t delivered, and James Madison was the Secretary of State who refused to deliver it.
What are the four reasons the justiciability doctrines were created?
1. Define the judicial role
2. Conserve judicial resources
3. Intended to improve judicial decision-making
4. Promote fairness
What are the 3 requirements in order to become president?
1. Natural born citizen
2. At least 35 years old
4. U.S. Resident for at least 14 years
If the president is being impeached, who presides over the trial to ensure procedures are being followed?
The Chief Justice of the Supreme Court.
What does the War Powers Resolution require?
1. The President must notify Congress within 48 hours of deploying troops.
2. Troops can only stay for 60 days without congressional authorization (+ 30 withdrawal period).
3. Congress can force troop withdrawal at any time.