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Justiciability Limits
Powers of Congress
Powers of President
Commerce Clause
Privileges and Immunities
100

SCOTUS can't issue these

What is advisory opinions?

100
power to make laws necessary and proper for executing any power granted to any branch of federal government.
What is the necessary and proper clause?
100

When the president does this, they mark out or leave in certain desired areas of an exective bill. But it is a violation of the delgation of powers.
 

What is Line Item Veto?

100

The power “to regulate commerce with foreign nations, and among the several states, and with the Indian (Native american) tribes.”

What is commerce power?

100
This prohibits states from discriminating against citizens of other states with respect to fundamental rights
What is Article V privileges and immunities?
200
This requires the plaintiff to have a stake in the outcome at all stages of the litigation, with (1) injury in fact, (2) causality, and (3) redressibility.
What is standing?
200

Authorizes Congress to raise revenue for the federal government. 

What is the taxing power?

200

Power to commit troops, sign treaties, and issue executive agreements

What is the presidential power over external affairs?

200
power to delegate commerce power to the states comes from this
What is dormant commerce clause?
200

This exception exists if nonresidents are part of the problem and there are no less restrictive means to solve the problem.

What is the substantial justification exception?

300

Happens when the facts of a case have matured into an existing substantial controversy, warranting judicial intervention. 

What is ripeness?

300
spending for any public purpose, usually asserted by attaching strings to a grant
What is the spending power?
300

Immunity from suits or civil damages for actions taken as president

What is executive privilege?

300
(1) market participant exception (2) necessary to achieve an important state interest
What is exceptions to the dormant commerce clause?
300

Must ask: (1) does the ordinance burden one of the privileges and immunities protected by the clause? (2) if so, is there a substantial reason for the discrimination, and does the degree of discrimination bear a close relation to that reason?

What is the two-step inquiry to Article V privileges and immunities?

400

If there is no real controversy and a case is no longer justiciable.

What is mootness?

400
congress can regulate (1) channels of interstate commerce, (2) instrumentalities of interstate commerce, and (3) activities having a substantial economic effect on interstate commerce
What is the commerce power?
400

category one: power is express/implied from congress, category two: congress is silent, category three: against congress' will

What is the Youngstown categories?

400
This is okay when there is (1) a substantial nexus between the object of the tax and the taxing state, (2) fair apportionment according to rational formula, (3) fair relationship to services or benefits provided by state
What is nondiscriminatory state tax affecting interstate commerce?
400
This prohibits states from denying their own citizens rights of national citizenship
What is Article XIV privileges and immunities?
500
This will not be heard by the court, and involves issues committed by the constitution to another branch of government and issues inherently incapable of resolution and enforcement by the judicial process.
What is political questions?
500
Power to delegate its power to other branches
What is delegation?
500

This gives the president executive powers over the country. 

What is Article II

500

You can find the Nesscarry and Proper clause in this location in the Constitution. 

What is Article I, Section 8?

500

Sorry, These groups are not protected under the pirivileges and immunities clause. 

Who are corporations and aliens?