I'm the President, so I can do what I want! Right?
President Sowmya decides to tear up Quhyn's lawn. Apparently, there is nothing Quhyn can do in civil court.
Tearing up Quhyn's lawn must have been part of Sowmya's _____ ___ as a sitting U.S. President.
"Official acts."
A sitting President has absolute immunity from civil damages for official acts within the “outer perimeter” of presidential responsibilities. (Nixon v. Fitzgerald 1982)
C.J. John Marshall's landmark case Marbury v. Madison (1803) created this doctrine.
Judicial Review.
True or False:
James E. is a hot-shot corporate lawyer, and he needs to know if the proposed merger he has been working on is legal or not, so he submits an affidavit to the DC Court and they say "everything is okay!"
False. This is an advisory opinion and would not be heard by the DC Court in reality.
Why do we care about whatever C.J. John Marshall was talking about in McCulloch v. Maryland?
NaP Clause; Supremacy Clause.
"I'm a men's size 11 in shoes."
A. Aden
B. Zach
C. James N.
D. Alex
A. Aden
B. Zach
C. James N.
D. Alex
President Brunaccioni is corrupt and funnels money into mansions for their family. State prosecutor DeGregory is on the case and plans to use this thing called a _____ to retrieve communications between the President and their family.
"Subpoena"
The President does have a presumptive privilege protecting presidential communications, but when prosecutors demonstrate a specific need for evidence in a criminal case, a generalized claim of confidentiality must yield. (Nixon v. United States 1974)
In South Dakota v. Dole, C.J. Rehnquist warned about this concept, which turns government spending and regulation into compulsion.
Condition vs. coercion.
This justiciability doctrine helps determine when a case has sufficiently developed and is "enough" to go to court.
Ripeness.
A case is not ripe if it is brought too soon.
Ask: “is this problem ready for court yet?”
Congressman Consiglio wants to pass a law using congressional powers. He recently read a case called U.S. v. Kahringer (1953), and it said that such laws utilized under this clause cannot be "prohibitively costly."
What clause is this?
Tax and Spend Clause.
U.S. v. Kahringer modernized the constitutional tax test:
A tax should produce some revenue, not be prohibitively costly, proportional in relation to the activity, have tax-like features, and have legitimate purpose behind it.
"I have two different colored eyes."
A. Rhea
B. Ken
C. Jaihan
D. Bryce
A. Rhea
B. Ken
C. Jaihan
D. Bryce
A few years ago, Aden got on the Varsity basketball team but Kai didn't. In a fit of rage, Kai tears up Aden's lawn. Later, Kai becomes the sitting U.S. President and Aden decides to sues him in civil court. Does Aden succeed?
Yeah, Kai is cooked.
The President does not have immunity from civil litigation involving unofficial conduct that occurred before taking office or during office. (Clinton v. Jones 1997)
"Shared powers" is another way to say this type of power, which means that both entities can exercise it.
Concurrent Powers:
Taxation
Borrowing money
Establishing courts
Making and enforcing laws
This event is a common example of the “capable of repetition, yet evading review” exception to mootness.
Pregnancy.
Mootness doesn’t apply in cases where the problem is over, but it keeps happening in a way that would always end before a court could decide it.
If it is not interstate commerce, then it is likely ______ commerce.
Intrastate commerce.
"I've played the piano for 12 years."
A. Oscar
B. Kira
C. Luke B.
D. Sowmya
A. Oscar
B. Kira
C. Luke B.
D. Sowmya
President Luke Brennan and VP Luke Voss conspire to steal Kira's car, which is a crime. Kira has L&L investigated as part of a state criminal proceeding. All the Lukes' say is that they are "categorically immune to Kira's investigation."
What single word in the story above tells us that Luke & Luke are not categorically immune?
"State."
A sitting President is not categorically immune from a state criminal proceeding. (Trump v. Vance 2020)
This amendment serves as the foundation for Anti-Commandeering.
(DOUBLE JEOPARDY!!!)
The 10th Amendment.
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Fill in the blank of this part of the Baker Test for political questions:
It is impossible to decide without _______ for a coordinate branch.
"Disrespect."
In U.S. v. Lopez, (GFSZA case) C.J. Rehnquist modernized the Commerce Clause, which since Wickard v. Filburn the court had a _____ view of the clause.
Deferential.
"I used to have 4 Guinea pigs."
A. Lorena
B. Fransisco
C. Theoren
D. Rory
A. Lorena
B. Fransisco
C. Theoren
D. Rory
From Trump v. United States (2024): former Presidents enjoy presumptive immunity from criminal prosecutions only for official presidential acts conducted while in office.
Determining whether an act is “official” requires doing what?
Determining whether an act is “official” requires looking at the nature of the presidential authority involved.
This Section of Article III dictates the Supreme Court's original and appellate jurisdiction.
Section 2, Article III.
Original Jurisdiction
Ambassadors, Public Ministers/Consuls, a State is a party
Lujan v. Defenders of Wildife outlined the 3 major parts of Standing. What are they?
I. An injury-in-fact ***
II. Causation
III. Redressability
In Katzenbach v. McClung (commonly known as Oliver's BBQ), the restaurant was prevented from doing racism because of this reason via the Commerce Clause.
46% of the meat came from out of the State of Alabama, meaning the restaurant was utilizing interstate meat, i.e. the Commerce Clause can be used to uphold the CRA and therefore, racism is unlawful.
"I have visited over 25 different countries."
A. James E.
B. Sabrina
C. Luke V.
D. Kaya
A. James E.
B. Sabrina
C. Luke V.
D. Kaya