Con Law Final Review 1

Standing

100

Injury in fact

Particularized & concrete

200

Causation

Injury caused by defendant

300

Redressable

Would a favorable court order actually eliminate harm?

400

May a taxpayer bring suit to challenge the spending of tax dollars?

No

500

Can a taxpayer bring suit to challenge their tax bill?

Yes, that is individualized.

Commerce Clause

100

The relevant types of interstate commerce Congress may regulate under the Commerce Clause

Channels

Instrumentalities

Activity that substantially affects interstate commerce

200

Aggregation Doctrine

An activity (local or indirect) that could have a substantial effect on interstate commerce IF it were to be practiced in the aggregate.

300

Can Congress regulate intrastate commerce?

The activity has to be economic/commercial and pass Rational Basis (U.S. v. Morrison)

400

Can Congress mandate participation?

Not if there is currently inactivity--cannot force one to participate in commerce. (Sebelius)

500

What's the Test?

Rational Basis...

1: Legitimate gov't interest?

2: Regulation rationally related to that interest?

Elastic Clause

100

What powers does this grant?

TRICK QUESTION! None--this clause expands enumerated powers, but does nothing on its own.

200

Expansion or Limitation?

Expansion

300

Comstock factors

1: Is there long-standing history of Congressional authority in this area?

2: Does the law account for state interests?

3: Narrow in scope or great substantive power?

400

What's the Test?

1: Must be anchored to an enumerated power.

2: Consider Comstock factors.

3: Rational Basis Test.

Dormant Commerce Clause

100

Expansion or Limitation? For whom?

Limitation on STATES' regulation of interstate commerce

200

What's the test for a facially NEUTRAL law?

Balancing Test similar to Rational Basis (also includes laws favoring local government performing traditional govt function)

1: Is there a legitimate government purpose?

2: Does it substantially burden interstate commerce? Is the burden justified? (Does the burden fall in or out of state?)

300

What's the test for a facially DISCRIMINATORY law?

Stricter scrutiny (and also laws favoring private industry):

1: Is there a legitimate public purpose?

2: Availability of nondiscriminatory alternatives?

Anti-Commandeering (10th Am.)

100

Can Congress compel states to adopt federal legisation?

No.

200

Can Congress attach conditions to federal funds to the state?

Yes.

300

Can Congress tell the state that the federal branch will enforce a federal law if the state will not?

Yes--they can offer the state that choice (you do it or we will)

400

Can a state pass a law that violates a federal law they don't want to enact?

No - Supremacy of the federal gov't applies. No direct contradiction of Uncle Sam

500

Can state officers/judges be used to enforce federal legislation?

Not if forced/directed by the federal govt to do so--must be the state's voluntary enforcement as applied