p.4
Constitutional Law Outline
What makes a government restriction on the right to keep and bear arms unconstitutional?
If the restriction is inconsistent with America’s historical tradition of firearms regulation.
p.18
Commerce Clause and Its Implications
What happens when a state statute contradicts a federal law involving commerce?
Federal law controls due to the Supremacy Clause.
p.5
Judicial Power and Federal Courts
What is required for judges of the supreme and inferior Courts according to Article III?
Judges shall hold their offices during good behavior and receive compensation that cannot be diminished during their continuance in office.
p.10
Judicial Power and Federal Courts
What does 'likelihood of redress' mean in the context of standing?
The prospect of obtaining relief from the injury as a result of a favorable ruling is not too speculative.
p.20
Methods of Interpreting the Constitution
What distinction does the Court make regarding the term 'regulate'?
Regulate cannot mean create; it refers to directing the manner of something.
p.13
Federal Legislative Power
What is the Aggregation Doctrine in relation to interstate commerce?
Regulations will be upheld if the court can conceive of a rational basis on which Congress could conclude that the activity in aggregate substantially affects interstate commerce.
p.5
Judicial Power and Federal Courts
What is the jurisdiction of federal courts as outlined in Article III, Section 2?
It is limited to cases arising under the Constitution, laws, treaties, affecting ambassadors, admiralty jurisdiction, and disputes between states or citizens of different states.
p.17
Commerce Clause and Its Implications
Why did Congress lack authority under the Commerce Clause to regulate violence against women in United States v. Morrison?
Because it was not considered an economic activity.
p.6
Judicial Review and Key Cases
What does the Judiciary Act of 1789 establish regarding the Supreme Court's jurisdiction?
It grants the Supreme Court appellate jurisdiction from circuit courts and allows it to issue writs of prohibition and mandamus.
p.7
Judicial Review and Key Cases
What power do courts have regarding laws or executive actions?
Courts can strike down a law or executive action if it violates the Constitution.
p.4
Constitutional Law Outline
Under what condition is a challenged regulation lawful under the Second Amendment?
If it fits within America’s historical tradition of firearms regulation.
p.15
Commerce Clause and Its Implications
What does the Interstate Commerce Clause not apply to?
Commerce happening within the states.
p.20
Methods of Interpreting the Constitution
What methodology did the joint opinion of Scalia, Kennedy, Thomas, and Alto rely on?
Original Interpretation of 'regulate' and reliance on Lopez and Morrison cases.
p.18
Commerce Clause and Its Implications
What was the ruling in Gonzales v. Raich regarding home-grown marijuana?
Congress may regulate its use and production as it could have a substantial economic effect on interstate commerce.
p.15
Commerce Clause and Its Implications
What did Wickard v. Filburn establish about Congress's regulatory power?
Congress may regulate local activity if it exerts a substantial economic effect on interstate commerce when taken in the aggregate.
p.21
Taxing and Spending Powers of Congress
What limitations exist on Congress's power to tax?
The power is subject to several limitations.
p.5
Judicial Review and Key Cases
What is the significance of the case United States v. Rahimi (2024)?
It holds that an individual posing a credible threat to another may be temporarily disarmed consistent with the Second Amendment.
p.10
Judicial Power and Federal Courts
What is 'injury in fact' in constitutional law?
An invasion of a legally protected interest that is concrete, particularized, actual, and imminent.
p.15
Commerce Clause and Its Implications
Under what condition can a statute valid under the Interstate Commerce Clause be deemed unconstitutional?
If it offends some other express constitutional rule.
p.13
Federal Legislative Power
What is the definition of Commerce in constitutional law?
The monetary exchange for goods or services.
p.23
Federal Legislative Power
What can Congress do to encourage state behavior?
Tax and spend in a way that encourages state behavior.
p.10
Judicial Power and Federal Courts
What did Lujan v. Defenders of Wildlife establish about standing?
It is easier for individuals targeted by governmental regulations to prove standing, while others may need to provide more evidence of injury.
p.13
Federal Legislative Power
Under what conditions will the court not aggregate the effects of intrastate activity?
If the regulated intrastate activity is non-commercial and noneconomic.
p.23
Federal Legislative Power
What did National League of Cities v. Usery determine about Congress's power over state agencies?
Congress cannot require state agencies to be bound by minimum wage and maximum hours restrictions under FLSA due to state sovereignty.
p.16
Federal Legislative Power
What was the rationale for regulating the price of wheat during economic volatility?
It was considered rational to stabilize the economy.
p.19
Federal Legislative Power
What was the ruling regarding the individual mandate in National Federation of Independent Business v. Sebelius?
The individual mandate in the Affordable Care Act is a valid use of Congress’ power to tax.
p.1
Constitutional Convention Proceedings
What is the 'Great Compromise'?
It gave States equal representation in the Senate and proportional representation in the House.
p.18
Commerce Clause and Its Implications
What is the significance of Gibbons v. Ogden regarding the Commerce Clause?
It established that Congress has the power to regulate channels of navigation, including boats and ferries.
p.20
Commerce Clause and Its Implications
What is the main issue regarding Congress and health insurance purchases?
Whether Congress can mandate individuals to purchase health insurance.
p.17
Commerce Clause and Its Implications
What was the concern of the majority in United States v. Morrison regarding the Commerce Clause?
They were concerned that adopting the government's view would grant Congress unlimited power over all activities.
p.15
Commerce Clause and Its Implications
What power does Congress have under the Interstate Commerce Clause?
To regulate all commerce that has interstate effects.
p.21
Taxing and Spending Powers of Congress
What powers does Article I, Section 8 grant to Congress?
The power to tax and spend.
p.17
Commerce Clause and Its Implications
What are the three areas where the government can intervene under the Commerce Clause?
1) Regulation of channels of interstate commerce, 2) Regulation of instrumentalities of interstate commerce, 3) Regulation of local activities that have a substantial effect on interstate commerce.
p.21
Taxing and Spending Powers of Congress
What must be uniform according to Article I, Section 8 regarding taxation?
All Duties, Imposts, and Excises.
p.17
Commerce Clause and Its Implications
What did the dissenters argue in United States v. Morrison regarding the economy?
They argued that the economy is now interdependent, and thus Congress could have substantial regulatory power.
p.6
Judicial Review and Key Cases
What is judicial review?
The process by which courts rule on the constitutionality of actions taken by federal and state officials.
p.21
Federal Legislative Power
What are the two themes in common regarding the commerce clause?
It was not controversial at ratification, and the Necessary and Proper Clause includes laws that are convenient, useful, and conducive to Congress’ beneficial exercise.
p.21
Federal Legislative Power
What is Chief Justice Roberts' view on the substantial effects test?
He may believe it is valid.
p.4
Constitutional Law Outline
What burden does the government have when regulating arms-bearing conduct?
To justify its regulation.
p.5
Judicial Review and Key Cases
What does historical regulation of firearm use indicate about contemporary laws?
It suggests that contemporary laws imposing similar restrictions for similar reasons may fall within a permissible category of regulations.
p.20
Commerce Clause and Its Implications
What was the Court's stance on Congress's authority under the Commerce Clause?
Congress does not have the authority to mandate that individuals purchase health insurance.
p.18
Commerce Clause and Its Implications
What types of commerce does the Commerce Clause include?
It includes interstate commerce and navigation connected with commerce with foreign nations and Indian Tribes.
p.10
Judicial Power and Federal Courts
What must be established to show a causal relationship in a lawsuit?
The injury must fairly be traced to the challenged action of the defendant, not from an independent third party.
p.15
Commerce Clause and Its Implications
What was the ruling in United States v. E.C. Knight Co. regarding the Commerce Clause?
Congress may not use its general powers under the Commerce Clause to regulate manufacturing.
p.23
Federal Legislative Power
What authority does Article II, §2 grant the President?
The authority to be the Commander in Chief of the Armed Forces and to make treaties, subject to the consent of ⅔ of the Senate.
p.10
Judicial Power and Federal Courts
In Allen v. Right, what must plaintiffs allege to have standing?
Plaintiffs must sufficiently allege that they have personally suffered a distinct injury, with a direct chain of causation linking it to the defendant's actions.
p.13
Federal Legislative Power
What powers does Congress have under the Commerce Power?
To regulate the channels and instrumentalities of interstate commerce and any activity that has a substantial effect on interstate commerce.
p.15
Commerce Clause and Its Implications
What does the Substantial Effects Test allow Congress to do?
Reach local activities if they have a substantial economic effect on interstate commerce.
p.23
Federal Legislative Power
Can Congress compel states to enact legislation?
No, Congress cannot compel a state to enact legislation.
p.15
Commerce Clause and Its Implications
What is the Rational Basis test used by the Court?
As long as Congress has the power to enact the law, it will be upheld if there is a rational basis for its conclusion.
p.6
Judicial Review and Key Cases
What is a writ of mandamus?
A court order directing a government official to perform an official duty.
p.6
Judicial Review and Key Cases
What does the holding in Marbury v. Madison imply about the rule of law?
It implies that the U.S. government must adhere to the rule of law, and Congress cannot pass laws that conflict with the Constitution.
p.13
Federal Legislative Power
What was the Federalist response to the Anti-Federalist concerns?
They argued that such threats were illusory because the national government would only exercise powers delegated by the Constitution.
p.23
Federal Legislative Power
What broad power does Congress have according to New York v. United States?
Congress has broad power to regulate private citizens, private business, and local conduct through its enumerated powers.
p.14
Federal Legislative Power
What does the Necessary and Proper Clause apply to?
Powers described in Article I, Section 8 and all other powers vested by the Constitution.
p.19
Taxing and Spending Powers of Congress
What was deemed unconstitutional in the Affordable Care Act ruling?
The Medicaid expansion provision was found to be an unconstitutional use of Congress’ spending powers.
p.16
Commerce Clause and Its Implications
What limitation was identified regarding local activity and the Commerce Clause?
Local activity must be economic to substantially affect interstate commerce.
p.25
State Sovereignty Immunity as a Limit on Federal Power
What does the 11th Amendment address?
State immunity from suit in federal court.
p.9
Judicial Power and Federal Courts
What must exist at all stages of review for a case to be considered by federal courts?
An actual case or controversy.
p.5
Judicial Power and Federal Courts
What does Article III, Section 1 of the U.S. Constitution establish?
It vests the judicial power of the United States in one supreme Court and inferior Courts as established by Congress.
p.20
Commerce Clause and Its Implications
What does the substantial effects test entail according to Roberts' opinion?
It includes local activities that, in the aggregate, have a substantial effect on interstate commerce.
p.18
Commerce Clause and Its Implications
How does the majority opinion in Gonzales v. Raich relate home-grown marijuana to economic activity?
It argues that home-grown marijuana, when considered in the aggregate, has a substantial economic effect on interstate commerce.
p.6
Judicial Review and Key Cases
What was the significance of Marbury v. Madison?
It established the Supreme Court's authority to review laws and legislative acts for constitutionality, solidifying the power of judicial review.
p.19
Commerce Clause and Its Implications
How does home cultivation and personal use relate to economic activity?
Home cultivation and personal use substitute for activity that is economic in nature and could end up in the interstate market.
p.7
Judicial Review and Key Cases
What does Cooper v. Aaron state about the Constitution?
The Constitution is the Supreme Law of the Land, and it is the duty of the judicial department to interpret it.
p.19
Commerce Clause and Its Implications
How did Justice Scalia interpret the Necessary and Proper Clause in relation to home growth?
Scalia held that Congress can reach home growth under the CSA, as the substantial effects test cannot come from the Commerce Clause alone.
p.1
History and Overview of the Constitution
What were some weaknesses of the Articles of Confederation?
No President, No Supreme Court, No Power to Tax, No Military, No Power to Regulate Interstate Trade, needed 9/13 State’s approval to pass a new law, and 13/13 to amend a law.
p.1
Ratification of the Constitution
Who were the key Federalists supporting the Constitution?
Alexander Hamilton, James Madison, and John Jay.
p.16
Commerce Clause and Its Implications
What was lacking in the legislation regarding firearm possession near schools?
There were no jurisdictional elements ensuring the firearm affected interstate commerce.
p.25
State Sovereignty Immunity as a Limit on Federal Power
What does the 11th Amendment prevent citizens from doing?
Suing a state or state officials for violations of state law in federal court.
p.25
Organization and Structure of the Constitution
What categories should facts be analyzed under in a constitutional law essay?
Power of the Feds, Federalism, Individual Rights.
p.11
Judicial Power and Federal Courts
What does the Animal Nexus Theory state?
Anyone interested in studying or seeing endangered animals has standing, but this standing is not concrete or particularized.
p.11
Judicial Power and Federal Courts
What is the Writ of Habeas Corpus?
A request to the court to release a person unlawfully held by the government.
p.3
Judicial Review and Key Cases
What was held unconstitutional in New York State Rifle & Pistol Association, Inc. v. Bruen?
Two laws prohibiting the possession and use of handguns in the home.
p.3
Methods of Interpreting the Constitution
What do proponents of the non-originalist approach argue about judicial interpretation?
They argue that this approach constrains the judge’s ability to impose personal views under the guise of constitutional interpretation.
p.3
Methods of Interpreting the Constitution
What is the significance of precedent in constitutional methodology?
Proponents argue that this methodology is firmly established by precedent.
p.12
Taxing and Spending Powers of Congress
What limits exist on Congress's taxing power?
You cannot tax people in a way that infringes on their constitutional rights.
p.24
Judicial Review and Key Cases
What was the Supreme Court's ruling regarding state accountability for waste?
The SCOTUS invalidated the last portion of a three-part legislation that held states accountable for their own waste.
p.17
Commerce Clause and Its Implications
What type of crimes does the power to regulate violent crimes belong to according to the ruling in United States v. Morrison?
The power belongs to the states.
p.19
Commerce Clause and Its Implications
What rationale did Congress have regarding home-consumed marijuana?
Congress concluded that leaving home-consumed marijuana outside federal control would affect price and market conditions.
p.7
Judicial Review and Key Cases
What is the significance of Marbury v. Madison?
It establishes that the Court has the power of judicial review over state and federal laws.
p.19
Commerce Clause and Its Implications
What slippery slope argument was presented in the majority opinion?
If personal growth is beyond Congressional reach, so is personal use, which could extend to other controlled substances.
p.16
Commerce Clause and Its Implications
What did the Heart of Atlanta Motel, Inc. v. United States case establish regarding Congress's power?
Congress can enact regulations to prevent racial discrimination in hotel accommodations due to its impact on interstate commerce.
p.14
Judicial Review and Key Cases
What was established in McCulloch v. Maryland regarding federal laws?
Federal laws are supreme, and states cannot interfere with the federal government's constitutional powers.
p.25
Federal Legislative Power
What must the President of the United States do regarding Congress's will?
Carry out the will of Congress.
p.14
Commerce Clause and Its Implications
What does 'commerce' encompass according to Gibbons v. Ogden?
Not just the buying and selling of goods, but also the intercourse in them.
p.16
Commerce Clause and Its Implications
What was noted about Congressional findings in United States v. Lopez?
There was a lack of findings regarding the substantial burdens of firearm possession on interstate commerce.
p.2
Organization and Structure of the Constitution
What is the main focus of Article II of the Constitution?
It concerns the executive branch and the powers vested in the President.
p.25
State Sovereignty Immunity as a Limit on Federal Power
What is a key consideration when analyzing cases involving state officials as defendants?
An 11th Amendment analysis.
p.3
Judicial Review and Key Cases
What does the Second Amendment to the United States Constitution create?
An individual right to keep and bear arms apart from any military purpose, subject to certain safety limitations.
p.8
Judicial Review and Key Cases
What is the first test for determining a non-justiciable political question?
A textually demonstrable constitutional commitment of that issue to another political branch.
p.12
Judicial Review and Key Cases
What is the significance of judicial supremacy?
Decisions of the Court interpreting the Constitution are the 'Supreme Law' of the land and binding on all state officers.
p.12
Methods of Interpreting the Constitution
What factors are considered to check non-justiciability?
Textual commitment to other branches, judicial standards for resolution, appropriateness for judicial resolution, respect for other branches, and need for adherence to political decisions.
p.20
Commerce Clause and Its Implications
What precedent did the Court reference regarding individual mandates?
The activity mandated goes beyond existing activity and compels participation.
p.10
Judicial Power and Federal Courts
What is the constitutional requirement regarding standing?
All federal court litigants must have standing, and Congress cannot eliminate this requirement by granting statutory rights.
p.19
Judicial Review and Key Cases
What is the significance of an 'as-applied' challenge in Raich's case?
The courts have no power to excise individual instances of a class of activities that is regulated and within the reach of federal power.
p.14
Federal Legislative Power
What power does Article I, Section 8, Clause 18 grant Congress?
The power to make all laws necessary and proper for executing its powers.
p.7
Judicial Review and Key Cases
What is the Political Question Doctrine?
It refers to issues that are considered 'nonjusticiable' because they present a political question, generally outside the judicial power.
p.14
Judicial Review and Key Cases
What authority does Congress have under the Necessary and Proper Clause as per United States v. Comstock?
To enact laws for civil commitment of mentally ill federal inmates beyond their criminal sentences.
p.2
Federal Legislative Power
What does Section 8 of the Constitution outline?
Subjects upon which Congress may pass laws, including collecting taxes and regulating commerce.
p.3
Methods of Interpreting the Constitution
What do non-originalists argue regarding constitutional interpretation?
They contend that most difficult constitutional questions cannot be answered by simple reference to the original understanding.
p.9
Judicial Power and Federal Courts
What are the exceptions to the mootness doctrine?
Capable of repetition, yet evading review, voluntary cessation, or class action.
p.25
Federal Legislative Power
What was Stevens's dissent regarding state officers and Congressional commands?
There is no Constitutional text allowing state officers to ignore Congressional commands.
p.2
Organization and Structure of the Constitution
What is stated in Article VI regarding the Constitution?
The Constitution and the Laws of the United States shall be the supreme Law of the Land.
p.22
Taxing and Spending Powers of Congress
What are two primary functions of taxes?
To raise revenue for the government and to create disincentives for certain behaviors.
p.22
Taxing and Spending Powers of Congress
What did the Supreme Court rule regarding the individual mandate in the Affordable Care Act?
It is a valid use of Congress’s power to tax.
p.12
Federal Legislative Power
How can Congress limit the appellate jurisdiction of the Supreme Court?
Through the Exceptions Clause.
p.8
Judicial Power and Federal Courts
What does 'ripeness' mean in the context of federal court claims?
A claim must be fully developed before a federal court will consider it.
p.12
Taxing and Spending Powers of Congress
What power does Congress have regarding taxation?
Congress has the power to tax, and most taxes will be upheld if they bear a reasonable relationship to revenue production.
p.24
Federal Legislative Power
Can Congress compel states to enact legislation?
No, Congress cannot compel states to enact legislation or participate in federal regulatory programs.
p.7
Judicial Review and Key Cases
What does Martin v. Hunter’s Lessee establish about the Supreme Court?
The Supreme Court has authority to exercise appellate review of state court decisions in cases with constitutional jurisdiction.
p.6
Judicial Review and Key Cases
What conflict did the Judiciary Act of 1789 have with the Constitution?
It was in direct conflict with Article III, Section 2, making it unconstitutional.
p.7
Judicial Review and Key Cases
How can constitutional interpretations by the Supreme Court be undone?
Through a subsequent Supreme Court decision overruling the earlier one or by a constitutional amendment.
p.6
Judicial Review and Key Cases
What power does the Supreme Court have according to the ruling in Marbury v. Madison?
The power to review laws passed by Congress to determine their consistency with the U.S. Constitution.
p.16
Commerce Clause and Its Implications
How does the Interstate Commerce Clause relate to discrimination?
It became a vehicle for regulating discrimination based on race and sex in public accommodations, workplaces, and educational institutions.
p.16
Commerce Clause and Its Implications
What is the three-part test established in United States v. Lopez?
1) Channels of interstate commerce, 2) Instrumentalities, 3) Activities that substantially affect or relate to interstate commerce.
p.16
Commerce Clause and Its Implications
Why did Congress lack the power to prohibit gun possession near schools in United States v. Lopez?
Because it was deemed non-economic activity and could not be aggregated.
p.2
Federal Legislative Power
What limitations does Section 9 place on Congress?
Congress cannot suspend the writ of habeas corpus, pass ex post facto laws, tax exports from states, or give preference to one state’s ports.
p.2
Federal Legislative Power
What restrictions does Section 10 impose on states?
States cannot enter treaties, coin money, or impose duties on imports and exports.
p.3
Judicial Review and Key Cases
What was the legal issue in New York State Rifle & Pistol Association, Inc. v. Bruen?
Whether the District of Columbia’s law prohibiting the possession of usable handguns in the home violated the Second Amendment.
p.11
Judicial Power and Federal Courts
What is the open question regarding Congress's power over federal court jurisdiction?
Whether Congress can strip the Court of all jurisdiction on a federal question due to the Exceptions Clause.
p.8
Judicial Review and Key Cases
What are the criteria for a case to be considered non-justiciable?
Six tests must be satisfied, including lack of judicial standards and respect for other branches.
p.8
Judicial Review and Key Cases
In Nixon v. United States, what was determined about Senate impeachment proceedings?
They are a non-justiciable political question incapable of judicial adjudication.
p.8
Judicial Power and Federal Courts
What is required for federal courts to issue opinions?
There must be an actual case or controversy; they cannot issue advisory opinions.
p.12
Methods of Interpreting the Constitution
What is the political question doctrine?
It determines whether certain constitutional questions are non-justiciable.
p.24
Federal Legislative Power
What happens when Congress compels state action?
State officials may be held accountable, but accountability is diminished if federal coercion prevents them from acting according to their voters.
p.17
Commerce Clause and Its Implications
What was the connection between the regulated activity and interstate commerce in the context of the cases discussed?
The connection was deemed too attenuated, leading to concerns about Congress regulating everything.
p.13
Federal Legislative Power
What is the Necessary and Proper Clause?
Congress has the power to make all laws necessary and proper for executing its powers, but it must be used in conjunction with an enumerated power.
p.23
Federal Legislative Power
What was concluded in Garcia v. San Antonio Metropolitan Transit Authority regarding FLSA?
Congress cannot mandate that FLSA applies to state employees, acknowledging state sovereignty.
p.1
History and Overview of the Constitution
What was America's first governmental framework?
The Articles of Confederation.
p.16
Commerce Clause and Its Implications
What did Katzenbach v. McClung determine about Congress's regulatory power?
Congress can regulate discriminatory policies of restaurants if they substantially affect interstate commerce.
p.14
Federal Legislative Power
What does Article I, Section 8, Clause 3 grant Congress the power to do?
To regulate commerce with foreign nations, among the states, and with Native American tribes.
p.14
Judicial Review and Key Cases
What does Gibbons v. Ogden establish about conflicting state and federal laws?
Federal law governs if both state and Congress pass conflicting laws regulating interstate commerce.
p.1
Organization and Structure of the Constitution
What is stated in the Preamble of the Constitution?
To form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defense, promote general Welfare, and secure the Blessings of Liberty.
p.11
Judicial Power and Federal Courts
What is the Ecosystem Nexus Theory?
It questions if the Act protecting ecosystems gives standing to all persons in those ecosystems, even if they are not affected by the law.
p.2
Judicial Power and Federal Courts
What does Article III describe?
The power of the federal judiciary, stating that judicial power shall be vested in one Supreme Court.
p.2
Organization and Structure of the Constitution
What does Article V discuss?
The amendment process of the Constitution.
p.9
Judicial Power and Federal Courts
What does it mean for a case to be 'ripe'?
It means that the case has developed into an actual controversy, not just a prospective one.
p.2
Methods of Interpreting the Constitution
What is one argument proponents of Originalism make?
To interpret a document is to try to determine what its authors intended to convey.
p.2
Methods of Interpreting the Constitution
Why do proponents argue that Originalism is necessary?
They believe it preserves democratic values and recognizes the Constitution’s status as law.
p.22
Taxing and Spending Powers of Congress
What does Article I, §8, cl.1 authorize Congress to do?
Pay debts and provide for the common defense and general welfare of the United States.
p.22
Taxing and Spending Powers of Congress
What powers does Article I, §8 grant Congress regarding war?
The power to declare war and to raise an army.
p.24
Federal Legislative Power
What power does the Constitution confer to Congress regarding individuals and states?
Congress has power over individuals but not over states as sovereign entities.
p.13
Federal Legislative Power
What was the Anti-Federalist argument regarding federal powers?
They argued that it would create an unduly powerful national government that would threaten the existence of states and individual liberties.
p.7
Judicial Review and Key Cases
What is the implication of the Court's decision in Brown according to Cooper v. Aaron?
It is binding on all federal and state officers, and not upholding it violates the oath of office.
p.23
Federal Legislative Power
What constitutional basis supports the idea that states have some immunity from federal regulation?
The 10th amendment, federalism, and political theory.
p.19
Commerce Clause and Its Implications
Under what condition does Congress have the power to regulate activities?
Congress has the power to regulate any activity, even intrastate, under the Commerce Clause.
p.14
Commerce Clause and Its Implications
What was the initial view of the commerce power in early American history?
It was broadly defined but minimally used until the 1890s.
p.2
Organization and Structure of the Constitution
What powers does Section 2 of Article II grant to the President?
The President is in charge of the military, can grant pardons, and appoint judges and other office holders.
p.25
Federal Legislative Power
What did O’Connor's concurrence suggest regarding congressional requirements?
That purely ministerial reporting requirements might differ from other mandates.
p.11
Judicial Power and Federal Courts
What does Article III, Section 2, Clause 2 refer to?
It includes the Exceptions Clause, which relates to Congress's power over Supreme Court jurisdiction.
p.11
Judicial Power and Federal Courts
What are the two interpretations of Congress's power over Supreme Court jurisdiction?
1) Very Broadly - Congress has plenary power (never exercised). 2) Less Broadly - Congress can restrict jurisdiction in narrow ways if alternative mechanisms exist.
p.8
Judicial Review and Key Cases
What is the significance of malapportionment challenges under the Equal Protection Clause?
They are not considered political questions and are thus justiciable.
p.2
Methods of Interpreting the Constitution
What is the principle of Originalism in constitutional interpretation?
A provision of the Constitution must mean today what it meant when it was adopted.
p.12
Taxing and Spending Powers of Congress
Can Congress condition federal funding?
Yes, Congress can condition federal funding to indirectly regulate, as long as it is tied to spending or taxation.
p.24
Federal Legislative Power
What does Federalist No. 27 state about state officials?
It suggests that state legislatures, courts, and magistrates will assist the national government within its constitutional authority.
p.1
Ratification of the Constitution
What are the Federalist Papers?
85 essays explaining the Constitution and urging its ratification in the State of New York.
p.1
Ratification of the Constitution
What were the main concerns of the Anti-federalists?
Protection of state sovereignty and individual rights.
p.1
Organization and Structure of the Constitution
What does Section 1 of Article I establish?
That all legislative Powers shall be vested in a Congress of the U.S., consisting of a Senate and House of Representatives.
p.11
Judicial Power and Federal Courts
What is the significance of Ex Parte McCardle?
It raises the question of whether Congress has plenary power over Article III Court Jurisdiction.
p.2
Ratification of the Constitution
What does Article VII describe?
The ratification process that had to occur before the Constitution could take effect.
p.9
Judicial Power and Federal Courts
What does 28 USC §2201 authorize federal courts to do?
It authorizes federal courts to declare the rights and legal relations of any interested party seeking such declaration.
p.12
Federal Legislative Power
What broad power does Congress have regarding lower federal courts?
Congress has broad power to limit the jurisdiction of the lower federal courts.
p.22
Taxing and Spending Powers of Congress
What did the Supreme Court decide about the Medicaid expansion provision of the Affordable Care Act?
It is not a constitutional use of Congress’s spending powers.
p.22
Taxing and Spending Powers of Congress
What discretion does Congress have regarding its spending power?
Congress has broad discretion to use spending power for necessary and proper actions.
p.24
Federal Legislative Power
How are states defined in relation to the United States?
States are not mere political subdivisions; they are sovereign entities, not regional or administrative offices.
p.3
Methods of Interpreting the Constitution
What is the 'dead-hand problem' in the context of originalism?
It refers to the risk of producing a constitution that fails the test of legitimacy due to reliance on outdated understandings.
p.9
Judicial Power and Federal Courts
What does Article III, §2 specify regarding federal court jurisdiction?
It specifies that there must be a live dispute with a stake in the outcome.
p.9
Judicial Review and Key Cases
What is the significance of Muskrat v. United States regarding jurisdiction?
The Supreme Court does not have jurisdiction to determine the constitutional validity of an act of Congress without a case or controversy.
p.22
Taxing and Spending Powers of Congress
What must be uniform throughout the United States according to constitutional law?
Duties, imposts, and excises.
p.9
Judicial Power and Federal Courts
What is the definition of a 'moot' case?
A case in which the parties no longer have any meaningful and concrete stake.
p.9
Judicial Power and Federal Courts
What are the requirements for a plaintiff to have standing in constitutional law?
The plaintiff must satisfy three specific requirements set by the Supreme Court.
p.8
Judicial Power and Federal Courts
What are the three elements required for standing in federal court?
Injury in fact, causation, and redressability.
p.22
Taxing and Spending Powers of Congress
What criteria must spending meet to promote the general welfare according to United States v. Butler?
It must be expressed unambiguously, related to the purpose of the spending, consistent with other constitutional provisions, and not coercive.
p.12
Federal Legislative Power
Does Congress have police power?
No, Congress has no police power.
p.24
Federal Legislative Power
What is the majority's conclusion regarding state officials and federal law?
State officials have a duty to enact, enforce, and interpret state law in a manner that does not obstruct federal law.
p.22
Taxing and Spending Powers of Congress
How does the taxation power differ from the commerce power?
There is no requirement that taxes must be limited to interstate activities.
p.22
Taxing and Spending Powers of Congress
Can Congress circumvent limits on its power to regulate conduct under the Commerce Clause by using its power to tax?
Yes, it can potentially circumvent those limits.
p.8
Judicial Power and Federal Courts
What is a collusive lawsuit?
A lawsuit advanced by non-adverse parties who are conspiring together.
p.12
Taxing and Spending Powers of Congress
What is Congress's spending power?
Congress has the power to spend to provide for the common defense and general welfare, but only for public purposes.
p.24
Judicial Review and Key Cases
What did the Printz v. United States case establish?
Congress cannot compel state officers to implement federal law, as seen in the unconstitutional provisions of the Brady Act.
