ConLaw II (Judicial, Legislative, & Executive)

Mixed

100

What is the prudential limitation on 3rd party standing?

provides that ordinarily, a P's claim for relief cannot be based on legal rights or interest if a third party who is not part if the suit.

200

What is the ripeness doctrine?

Ripeness doctrine is almost exclusively applied to pre- enforcement challenge(s) to criminal or regulatory laws that have yet to come into effect.

In such circumstances, claim may still be “ripe” if BOTH:

1.  Issue is fit for judicial decision (e.g., question of law only or facts already conceded / established); AND
2. Delaying court review until claim becomes “ripe” would work substantial hardship on Ps.

300

What was the holding for Gonzalez v. Raich (home-grown MJ case)

Intrastate non-commercial use, possession, and cultivation of MJ is activity that, in the aggregate, has substantial effect on interstate market for illicit drugs: 

Held: While Congress’s Commerce Clause power does not extend to laws that solely target intrastate non-economic activity, it does extend to laws that target such activity to effectively regulate a larger interstate economic activity.

400

What does the Necessary and Proper Clause authorize?

it authorizes to take any reasonable steps to prevent program money from being misspent (e.g., by criminalizing bribery)

500

text and structure imply what branch has power to review constitutionality of acts of Congress and executive branch and, if those actions violate the Constitution, to declare them void

judiciary

Legislative Power

100

What does the spending clause authorize?

authorizes Congress to spend money for the general welfare

200

Whats the Test for deciding when a condition on a federal-state grant is a valid exercise of Congress’s Spending Clause power? 

1. Condition is unambiguously stated
2. Condition reasonably related to the purpose for which the federal funds have been allocated ; AND

3. Condition NOT unduly coercive NOR would it cause the states to violate an independent constitutional bar 

300

What's the Lopez test?

Congress acts w/in it's power under the Commerce Clause if their is rational basis for finding the chosen regulatory scheme necessary to protection of  Interstate commerce including:

1. the use of CHANNELS of Interstate commerce;
2. the INSTRUMENTALITIES of, or persons or things "in" Interstate commerce, even if the threat comes only from in-state activities; AND/OR
3.  Non-commercial, in-state activities that in the aggregate have SUBSTANTIAL EFFECT on interstate commerce

400

Whats the anti-commandeering doctrine?

The Court’s anti-commandeering doctrine bars the federal government from 

(a) directing state legislatures to enact certain laws; 

(b) prohibiting state legislatures from enacting certain laws; and/or 

(c) compelling state executive officials to enforce federal laws or regulations.

500

What is 4 Factors for determining if non-commercial activity substantially affects / relates to interstate commerce and is therefore a valid exercise of Congress’s ISC power

1. Whether the regulated activity is non-economic as opposed to economic activities

2. Whether the regulated item/ activity actually moved in IC;

3. Whether there has been congressional findings / legislative record of economic link between regulated activity and Congress's goal in regulating it; AND

4. How attenuated the link is between the regulated activity and the IC

Executive Power

100

When is a federal EE an "inferior officer", rather than merely an employee, for Appointment Clause purpose?

which assigns Congress power only to authorize President, heads of department, or federal courts to appoint inferior officers—not members of Congress)

200

Foreign Affairs Reception Clause empowers what?

provides President with EXCLUSIVE power to recognize or not recognize foreign states;

300

Whats the 4 factor test to find IC is indeed "inferior office"? 

1. IC subject to removal by higher-up exec. Official  (i.e., USAG)

2. IC empowered only to conduct limited duties in that IC may have "full powers" of investigation and prosecution but does NOT have policymaking authority an must comply w/ DOJ policy;

3. IC's office limited in jurisdiction (ie, can only act re: certain offenses and officials, limited to jurisdictional scope defined by Special Division + USAG); AND

4. IC is limited in tenure (ie., temporary, task specific)

400

What's the non-delegation doctrine?

The nondelegation doctrine bars Congress from transferring essential legislative functions without providing "intelligible principle" for implementation and execution;

To be a valid delegation, Congress must at least identify the policy to guide the discretion of implementing government officials and set outer boundaries on that discretion

500

What is the Tripartite Test?

Zone 1: When the President acts with express or implied authority from Congress, the President's "authority is at a maximum"

Zone 2:  When the president acts in the absence of congress's grant or denial of authority, President may rely in an independent power, or may have concurrent power w/Congress (aka "zone of twilight"), in which President may derive support only from Congress's "inertia" or "indifference."

Zone 3: When the President "defies the express or implied will of Congress," presidential power is "at it's lowest ebb," and the courts can only sustain the President's measure if Congress acted unlawfully (ex: invalid exercise of Congress's express or implied powers).

Judicial Power

100

What is the requirement on Advisory Opinions? 

The Article III case or controversy requirement prohibits federal courts from deciding abstract or hypothetical claims- claims that EITHER 

1. involve no actual dispute between adverse litigants OR 
2. in which a federal court decision is likely to have little to no effect

200

What do you need to have Article III standing?

1. Injury in fact

• P must have suffered, or imminently will suffer, concrete and particularized injury;

2. Causation

• P's claimed injury is "fairly traceable to (i.e., cause by) ∆; AND

3. Redressability

• Favorable decision substantially likely to redress P's injury.

300

What is the exception to prohibition on third party standing?

Closeness of relationship between P and the injured 3rd party; AND

Likelihood of whether the 3rd party can sue on its own behalf

400

What is mootness doctrine?

claim is non-justiciable on grounds of mootness if -at any time while suit is pending- P's complained-of injury ends (depriving P if continuing "injury"/ stake in controversy)

500

What is the political question doctrine?

1. Is there a Textually demonstrable constitutional commitment of issue to coordinate political department;
2. Lack of judicially manageable standards for resolution;

Extra

100

Which Article provides a "ceiling" of SCOTUS' original jurisdiction?

Article III

200

Exceptions to Mootness 

1. Capable of Repetition, Yet Evading Review: A claim will not be dismissed as moot where the same type of injury P alleged was caused by D is likely to repeat against P or similarly situated P's whose claims would be similarly mooted

2. Voluntary Cessation: A claim will generally NOT be dismissed as moot when P loses their stake in the suit due to D’s voluntary cessation of the injury complained-of. (EXCEPT when the D proves there is no “reasonable likelihood” it will / can resume the complained-of activity after dismissal—otherwise, the claim remains justiciable)

3. Class Action: certified (or proposed) class representative loses their individual stake in the substantive claim motivating the suit, so long as some class members retain their ongoing stake

300

What was the holding in U.S v. Klein?

Congress cannot exercise its Exception Clause Power in a way that strips the judiciary of its constitutional role or forces it to participate in violating the constitution.

ex: nullifying the effects of the presidential pardon

400

Whats Article 3 review power?

Art. III courts do NOT have power of judicial review;

But where Constitution does NOT assign discretion, and valid congressional law directs officer to perform act affecting another's rights, then courts DO have review power

Art. III contains no explicit grant of judicial- review power to federal courts

500

What shows A power need not be expressly enumerated in the Constitution to exist, but instead may be implied as necessary “for carrying into execution” an enumerated power;

Construing Necessary & Proper (“N&P”) Clause as enhancing—not restricting— Congress’s Article I powers