Constitutional Law - Federalism
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| Case and Controversy Requirement | Federal Court adjudication req an actual and definite dispute between parties having adverse legal interests.
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| 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
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| Justiciability I | -Ripeness
-Advisory opinion
-Mootness
-Political Questions
-Standing
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| 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
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| 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)
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| 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
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| Hierarchy of Laws | 1)Constitution
2)Act of Congress and Treaty
3)Executive Agreement-Foriegn policy/affairs
--Executive Order-Domestic Policy
4)State Law
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| 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.
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| 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:
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| Congressional Delegation of Power II | --Congress passes enabling legislation
--Specifies the purpose, functions, and powers
--Describes the procedures to the agency
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| 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
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| 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
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| 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
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| To Uphold a Federal Statute | 1)Supremacy Clause
2)Any enumerated power of Congress (Art. 1 Sec. 8)
3)Federal property power
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| 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?
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| Property Power | -Congress has the power to dispose of the territory or other property belonging to the United States.
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| Affectation Doctrine | Congress may regulate activity which has a "substantial economic effect" on interstate commerce.
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| Regulation on Interstate Commerce | Constitutional as long as:
1)Non discriminatory and
2)Does not place an undue burden on Interstate Commerce
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