Con Law Final

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Can you name the Important constitutional law topics for final.?

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Constitutional basis for Judicial Power
 
 
 
 
Limitations on federal court review:
 
 
 
 
 
Standing requires:
Injury doesn't need to be economic. Must be actual or imminent. Can be in the future but not too far. Can be a harm suffered by man as long as its concrete and indivuated.  
The challenged action must be the 'but for' cause of the injury 
Confusing standard: Probably? Virtual certainty? (Tribe) Massachusetts v. EPA lessened the standard, but maybe only for when teh State is a plaintiff.  
Inury in fact requires that injuries be:
 
 
 
 
Associations can bring suit on behalf of members when:
 
 
 
Tax payers only have standing when spending is in violation of:
 
There is no standing to enforce procedural rights because that would be a:
Its the president's duty to enforce the law. Allowing ths would open the door to everyone and flood the courts. 
Third party standing exceptions:
 
 
 
 
If there is no longer a contraversy the case is...
 
Exceptions to mootness:
Ex) Preganancy in abortion cases (Roe v. Wade) 
ex) When a criminal D has already served his sentence, his case is not moot because of loss of right to vote, damage to reputation and employability. (Tribe) 
Defendant could return to his old ways  
An action brought on behalf of a class does not become moot upon expiration of a named P's substantive claim. (US Parole v. Geraghty)  
Not moot if altered, amended, substitued. Moot if complete repeal. 
There must be a present adverse impact or attempted enforcement of statute or order for the case to be...
 
Exception to ripeness:
 
A question subject to judicial resolution (are there identifiable standards?) and appropriate for such resolution (seperation of powers concerns).
 
5 Categories of Non-Justiciable Subjects- Baker v. Carr
 
 
 
 
Art IV § 4- Republican form of government 
6 Non-Justiciable Conceptual Categories- Baker v. Carr
Textually demonstrable constitutional commitment of issue to a coordinate political department 
Lack of judicially discoverable and manageable standards 
Impossibility of deciding issue without an initial policy determination of a kind clearly for nonjudicial discretion 
Impossibility of a court's undertaking independent resolution without expressing lack of resepct to other branches of government 
Unusual need for unquestioning adherence to a political decision already made 
Potentiality for embarrassment from multifarious pronouncements by various departments on one question 
Court has original jurisdiction over cases involving:
 
 
 
 
No appellate jurisdiction when there's an:
 
For appellate jurisdiction this kind of law must be at issue and it must be decided on _______ grounds:
 
There must be a real dispute with adverse parties and real interests at stake. The court tries to avoid unnecessary decisions of substantial, complex and contraversial Constitution
 
Articles and sections of the constitution that names the executive powers:
1) Executive power shall be vested in the president. 2) Commander in chief, pardon authority, treaty power, appointments of ambassadors, judges, principle officers, recess appointments. 3) State of the union, recommend/propose legislation, convene both house of congress, receive ambassadors and other public ministers, faithfully execute the laws, commission all officers of the united states.  
Must sign laws- veto power & pocket veto. No line item veto (clinton v. new york) 
Jackson categories:
From Youngstown Sheet & Tube Co. v. Sawyer dissent. Functionalist approach. Maximum power. Power given by congress + Art II power. Court will be deferential. 
President must rely on his own independent powers, statutes may provide implicit congressional approval. 
President's powers are their weakest and he must point to some enumerated power.  
President's specific powers:
 
 
 
 
Congress has power to tax and spend for common defense and power to declare war, raise and support armies, make rules and regulations for military. President is commander in chief of the armed forces. Uncomfortable relationship. 
 
 
President is immune from:
Extends to outer permiter of his official duties. (Nixon v. Fitzgerald) Can be sued if it relates to unofficial conduct, but his presidential schedule must be considered. (Clinton v. Jones) No right to control his presidential papers (Nixon v. Administrator of General Services) 
Presidential immunity does not outweigh
ex) criminal justice (United States v. Nixon). Its a 'qualified' immunity.  
Article II gives all executive powers to the president. Lines are clear and distinct.
of seperation of powers 
Seperation of Powers is to ensure no branch gets too powerful but there ought to be some flex in the joints. Acknowledges that seperation is not all that clear.
of seperation of powers 
Allows the president to cancel spending. Occurs after the bill becomes a law and is only part of the statute (not the whole thing).
 
The president appoints:
 
Appointment of principal officers do not take effect until the...
'advices and consent' Applies to members of the cabinet, ambassadors and federal judges 
Congress decides whether this kind of officer should be appinted by the president, by the judicial branch or by heads of departments (i.e. cabinet members).
Can't make these lower level appointments by itself, just decides who can appoint them.  
Constitution only gives guielines for removal of
Only for misconduct. Silent on all other removal. Left to supreme court to decide. 
Congress may limit or completely block President's right to remove
Agencies that don't mainly carry out the president's policies, but instead make significant rules governing the actions of persons outside the executive branch. Need to be insulated from interference from president. Ex: FTC, FCC, SEC (FTC in Humphrey's Executor v. U.S.)  
Congress cannot restrict president's ability to remove:
Myers v. U.S.- Congress cannot restrict President's removal power over purely executive officers. 
Even with good cause, congress may not reserve the right to remove an:
Bowsher v. Synar- To balance the budget congress made a system where the Comptroller General went through the budget and made cuts. Congress had reserved the right to remove the Comptroller General. Held that he exercised executive power and removal by congress would be unconsitutional because congress cannot control the execution of laws.  
Congress can only remove a federal officer by...
May limit the president's right to remove a federal official, at least officials working for or heading 'independent' agencies, and officials who are pure-executive-brach but are 'interior' officers.  
Legislation can't go into effect until the President has been given the opportunity to:
 
Congress can commit the armed forces if there is a:
President probably has the obligation to consult with Congress after the fact, and to bring the troops back if Congress has not pased a declaration of war within a few months. And probably to defend an ally with whom we have a treaty. General rule is that only congress can declare war.  
_______ veto allows congress to veo executive brach/agency actions.
Ins v. Chadha 
Doctrine recognizing that congress cannot delegate its legislative power to other entities, but can enact legislation giving others authority to implement if the law provides subst
court has never found any act of congress to violate this doctrine. Mistretta v. United States- Independent body made by congress to determine sentencing ranges for all federal crimes was held to be OK.  
Congressional power granted by:
 
 
1) court jurisdiction and inferior courts 2) exceptions to jurisdiction 
1) Full faith and credit, 3) power to admit states, 4) guaranty clause 
proposing constitutional amendment 
 
 
Art 1, §8, cl. 18
 
Art 1, §8, cl. 4
 
Art 1, §8, cl. 1
 
 
Art II, §3, cl. 2 and Art IV
All treaties made under the authority of the US are supreme. COngress can enact laws implementing the treat- if the president and required senate vote believe it is important enough, the court is not in a position to deny the power to enact such a law. Court are defential. Missouri v. Holland 
Art I
 
13th, 14th, 15th amendments
 
Congressional powers:
lay and collect taxes 
provide for the defense of the country 
borrow money on the credit of the U.S. 
Regulate commerce with foreign nations, and amont the several states 
Regualte immigration  
Regulate bankruptsy 
Establish post offices 
Control the issuances of patents and copyrights 
declare war 
Pass all laws needed to gover the District of Columbia and federal military enclaves (e.g., military bases) 
Make all laws which shall be necessary and proper for carrying into execution the forgoing powers, and all other Powers vested by this Constitution in the Government of the United States... 
Actions done under the necessary and proper clause must connect to
McCulloch v. Maryland. Congress can only regulate pursuant to an enumerated power.  
Under neccessary and proper clause congress can use any means that is:
very broadly construed (U.S. v. Comstock- can civilly commit dangerous prisoners at the end of their prison terms as a nevessary and proper means of enforcing Congress' power to pass and enforce federal criminal statutes.  
 
Congress has power to regulate commerce with:
 
 
 
Commerce power test:
Activity being regulated substantially affects commerce 
Reasonably related to congress' objective in regulating 
Amendment that limits commerce power:
Occasionally limits congress' ability to use its commerce power to regulate states 
Commerce power categories: Regulation of...
United States v. Lopez: Roads, birdges, ships. Deferential review- Gullen 
Airplanes, trains, buses. Differential review- Gullen 
Those that substantially affet interstate comerce. Like 'gun free school zones' act. Is it commercial/economic activity? Is there an express jurisdictional element relating to interstate commerce. Legislative history and congressinoal findings about a connection. Nature of the causal link- direct or attenuated?  
Cumulative affects doctrine
 
Spending power
 
 
 
 
 
Can collect taxes for the:
 
Individual invome tax collection allowed by the
 

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