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MBE Con. Law I
Constitutional Law - Federalism
| Term | Definition |
|---|---|
| Case and Controversy Requirement | Federal Court adjudication req an actual and definite dispute between parties having adverse legal interests. |
| Standing | P must show a concrete personal stake in the outcome. -Constitutional Standard: 1)Injury-in-fact (i.e. economic, aesthetic, environmental) 2)Causation/redressibility |
| Justiciability I | -Ripeness -Advisory opinion -Mootness -Political Questions -Standing |
| Justiciability II | -Ripeness-For a case to be ripe, there must be a genuine, immediate threat of harm -Mootness-A case is moot unless an actual controversy exists at all stages of review, unless the injury in capable of repetition, yet evading review |
| Justiciability III | -Abstention: --Federal court will refuse to review a case based on an unsettled issue of state law (Pullman) --Federal court review prohibited where there are pending state criminal proceedings (Younger) |
| Presidential Powers | -Issuance of executive orders which have the binding force of law upon federal agencies -Commander in Chief -Appointment Powers -Emergency Powers -Clemency Powers |
| Hierarchy of Laws | 1)Constitution 2)Act of Congress and Treaty 3)Executive Agreement-Foriegn policy/affairs --Executive Order-Domestic Policy 4)State Law |
| Generally Wrong Answers | 1)General Welfare Clause 2)Necessary and Proper Clause 3)14th A. Privileges and immunities Clause 4)Contracts Clause 5)Distinction between Rights & Privileges 6)10th A.-Caveat New York v. U.S. |
| Congressional Delegation of Power I | -Congress may delegate the task of implementing its laws to government agencies -Allows Congress to indirectly monitor an area in which it has passed laws without becoming bogged down in enforcement details -Valid if: |
| Congressional Delegation of Power II | --Congress passes enabling legislation --Specifies the purpose, functions, and powers --Describes the procedures to the agency |
| Supremacy Clause | -Superceding Doctrine: A federal law will supersede any state law in direct conflict -Preemption Doctrine:Any state law in an area where Congress intends to occupy the field is unconstitutional |
| To Uphold a State Statute | 1)Dormant Commerce Clause a)Non-discriminatory b)No undue burden on interstate commerce-use a balancing test 2)Police Power-Health, safety, welfare, morals, aesthetics |
| State Taxation | -The Federal government is immune form state taxation -Federal employees and contractors may be taxed as the incidence of the tax does not fall on the Federal government itself |
| To Uphold a Federal Statute | 1)Supremacy Clause 2)Any enumerated power of Congress (Art. 1 Sec. 8) 3)Federal property power |
| Con Law Approach | 1)Who is passing the law? 2)What is the subject matter? 3)Match the appropriate? 4)Who is affected by the law? |
| Property Power | -Congress has the power to dispose of the territory or other property belonging to the United States. |
| Affectation Doctrine | Congress may regulate activity which has a "substantial economic effect" on interstate commerce. |
| Regulation on Interstate Commerce | Constitutional as long as: 1)Non discriminatory and 2)Does not place an undue burden on Interstate Commerce |
Created by:
Gkell001
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