Judicial Review & Jurisdiction
This 1803 case established that the Supreme Court can declare acts of Congress unconstitutional.
What is Marbury v. Madison?
The three constitutional standing elements are injury, ______, and ______.
What are causation and redressability?
The simplified rule: a case is a political question when there’s a textual commitment to another branch and/or this.
What is a lack of judicially manageable standards?
This clause empowers Congress to make laws “necessary and proper” for executing enumerated powers.
What is the Necessary and Proper Clause?
The Commerce Clause authorizes Congress “to regulate commerce with foreign nations, among the several states, and with ____.”
What are the Indian tribes?
“Congress may make exceptions to the Supreme Court’s appellate jurisdiction,” says this Article III clause.
What is the Exceptions and Regulations Clause?
An injury must be “concrete, particularized, and actual or imminent,” according to this case line.
What is Lujan v. Defenders of Wildlife?
Baker v. Carr held that claims of legislative malapportionment ____ (nonjusticiable/justiciable).
What is justiciable?
Chief Justice Marshall’s maxim: “Let the end be legitimate … all means which are appropriate … are constitutional.”
What is the McCulloch v. Maryland standard?
The three modern categories of regulation come from Perez v. United States: channels, instrumentalities, and ______.
What are activities substantially affecting interstate commerce?
Congress cannot dictate the outcome of cases by prescribing a rule of decision; this 1871 case said so
What is United States v. Klein?
In Allen v. Wright, the Court denied standing because these links were “far too weak.”
What is the chain of causation?
Questions about impeachment procedures were found nonjusticiable in this 1993 case.
What is Nixon v. United States?
This clause is “not an independent power; it must hook onto another enumerated power.”
What is the Necessary and Proper Clause?
The 1942 wheat-quota case that created the aggregation principle.
What is Wickard v. Filburn?
“There must be an actual dispute between adverse litigants” comes from this doctrine.
What is the prohibition on advisory opinions?
Flast v. Cohen carved out this narrow exception to the rule against generalized grievances.
What is taxpayer standing for Establishment Clause claims?
Foreign-policy termination of treaties by the President was dismissed as a political question in this 1979 case.
What is Goldwater v. Carter?
Under McCulloch, the federal government prevailed because states may not do this to federal institutions.
What is tax or otherwise impede them?
The 1995 case striking down the Gun-Free School Zones Act as beyond commerce power.
What is United States v. Lopez?
This Reconstruction-era case upheld Congress’s power to withdraw the Court’s appellate jurisdiction mid-appeal.
What is Ex Parte McCardle?
A case becomes non-justiciable when the controversy ceases to be “live”; this is the doctrine of ______.
What is mootness?
The Court refused to police partisan gerrymanders in this 2019 decision.
What is Rucho v. Common Cause?
The Court in United States v. Comstock described the means-end relationship standard as “______ adapted.”
What is reasonably adapted?
The 2005 case upholding federal regulation of home-grown marijuana as part of a broader scheme.
What is Gonzales v. Raich?