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Con Law I Outline
- 1. Justiciability
- 2. Executive Powers
- 3. Federal Legislative Powers
- 4. Federalism
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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
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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
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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
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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
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