Con Law Federalism

Card Set Information

Con Law Federalism
2013-02-24 21:35:20
Con Law Federalism

Con Law Federalism
Show Answers:

  1. Con Law I Outline
    • 1. Justiciability
    • 2. Executive Powers
    • 3. Federal Legislative Powers
    • 4. Federalism
  2. 1. Justiciability
    • Standing: injury, causation, redressability
    • Ripeness: harm or immediate threat of harm
    • Mootness: real controversy must exist at all stages
    • Political Question: questions constitutionally committed to anther branch or inherently not capable of judicial resolution will not be heard
    • 11th Amd Limits on Federal Courts: sovereign immunity
    • Abstention: Fed courts will not hear pending state cases
  3. 2. Executive Powers
    • Domestic Affairs: appointment, removal, pardons, veto
    • Foreign Affairs: act militarily abroad, foreign relations, treaty power (2/3 Senate approval), executive agreements (fed law>EA>state law)
    • Executive Privilege/Immunity: privilege to keep communications secret unless crim trial, immunity from civil damages for acts while in office
  4. 3. Federal Legislative Powers
    • Congress can act under enumerated power and necessary and proper means to effectuate
    • No police power, except MILD, Military, Indian reservation, fed Land, DC
    • Necessary and Proper to carry out enumerated authority
    • Taxing/Spending
    • Commerce, Lopez test
    • - channels of interstate commerce
    • - instrumentalities of interstate commerce
    • - economic activities that have a substantial effect on IC
    • War
    • Delegation of Powers to other branches as long as it is not a expressly confined to Congress
  5. 4. Federalism
    • Preemption: supremacy clause
    • Dormant commerce clause: if no fed law, state may regulate local aspects of IC if it does not discriminate against or unduly burden IC
    • - discriminates against out-of-staters violates, unless necessary to an important state interest
    • - state may prefer residents if acting as a market participant
    • Art. 4 Privileges and Immunities: violation if state law discriminates against out-of-staters with regard to important economic or civil liberties, unless necessary to achieve important gov't purpose