Constitutional Law Review

A comprehensive set of flashcards covering key concepts of constitutional law as presented in the lecture notes.

What is the primary function of the Judiciary as described in the Separation of Powers?

Interprets the Constitution and laws (Article III).

What is the main role of the Legislative/Congress in the Separation of Powers framework?

Makes laws (Article I).

What does the Executive branch do according to the Separation of Powers?

Enforces laws (Article II).

Define sovereignty in the context of the United States government.

Supreme political authority, not subject to another's will.

Can Congress expand the original jurisdiction of the Supreme Court?

No, Article III sets the ceiling of federal court jurisdiction.

What power allows judicial review of executive actions?

The power of judiciary where individual liberties are implicated.

What was established by Marbury v. Madison (1801)?

Judicial review of legislative acts.

What occurred in Dred Scott v. Sanford (1857)?

SCOTUS did not declare another federal statute unconstitutional for over 50 years after Marbury.

What did Martin v. Hunter's Lessee and Cohens v. Virginia establish?

The Supreme Court may review state court decisions.

What case affirmed that it is the duty of the judicial department to say what the law is?

Marbury v. Madison.

What was the court's ruling in regard to Marbury's commission?

Marbury had a right to his commission, which was complete upon presidential signature and seal.

Under what condition can a court issue a writ of mandamus?

If the act is not unconstitutional.

What is the political question doctrine?

Judicial review is unavailable if the matter is a political question.

What constitutes a legal remedy in cases of vested rights?

The plaintiff must show a legal injury.

What is the significance of the Judiciary Act of 1789?

It allowed Marbury to file suit directly with SCOTUS.

When can executive acts be reviewed by the court?

When they infringe upon rights established by law.

What happens to statutory language that is redundant or surplusage?

It should be avoided in judicial interpretation.

What is the supremacy clause?

The Constitution is the supreme law of the land.

What did Wickard v. Filburn (1942) establish about Congressional power?

Congress can regulate activities that have a substantial economic effect on interstate commerce.

What case limited Congress' powers under the commerce clause?

United States v. Lopez.

What is the judicial standard for strict scrutiny?

Government must prove a compelling state interest and that the law is narrowly tailored.

What are the limitations on the federal judicial power regarding statutory interpretation?

Courts must avoid interpreting statutes in a way that creates overlap or redundancy.

What did the ruling in INS v. Chadha (1983) clarify about legislative vetoes?

One-House vetoes are unconstitutional, violating bicameralism and presentment principles.

What is the nondelegation doctrine?

Congress cannot delegate its legislative power to executive agencies.

What does the Recess Appointment Power entail?

The President can fill vacancies during Senate recesses.

What is the test for legislative veto according to INS v. Chadha?

Congress must follow bicameralism and presentment.

What is executive privilege as defined in US v. Nixon?

The right of the President to keep certain communications private, but not absolute.

What did Youngstown Sheet & Tube Co. v. Sawyer establish?

The President's power must stem from Congress or the Constitution; implied powers are not sufficient.

What was held in Marbury v. Madison regarding judicial review?

Judicial review of acts of Congress is permissible.

How does the Constitution define the role of Congress in regulating commerce?

Congress can regulate interstate commerce (Article I, Section 8).

What is the significance of McCulloch v. Maryland (1819)?

Established the implied powers of Congress and affirmed federal supremacy over state laws.

How are the powers denied to Congress specified?

Art. I, Section 9 lists denied powers, such as no ex post facto laws or bills of attainder.

What is necessary and proper clause?

Allows Congress to make laws needed to execute its powers (Article I, Section 8, Clause 18).

What impact did the Commerce Clause have on federal legislative power?

It allows Congress to regulate various activities affecting interstate commerce.

What was the ruling in National Federation of Independent Business v. Sebelius (2012) regarding the individual mandate?

The individual mandate was struck down as unconstitutional under the Commerce Clause but upheld as a tax.

What do the Reconstruction Amendments (13th, 14th, and 15th) entail?

Abolition of slavery, birthright citizenship, and voting rights for US citizens.

What does the Equal Protection Clause protect against?

Discrimination based on race and other statuses.

What principle does the principle of proportionality require from Congress when passing remedial legislation?

The means adopted must be congruent and proportional to the injury being prevented.

What case expanded the definition of who is considered disabled under the ADA?

Bragdon v. Abbott (1998).

What does the ruling in the limited forms of governmental authority balance regarding state sovereignty?

The propriety of governmental action invoking strict scrutiny is weighed against the need for government control.

What does the ADA prohibit discrimination against?

Qualified individuals with disabilities in various areas including employment and public accommodations.

In statutory interpretation, what role does legislative history play?

It can provide insight into legislative intent and clarify ambiguous statutes.

What is the significance of the phrase "no law shall be construed to apply a lesser standard than…" in legislation?

It ensures that legal protections are not diminished by new laws.

What did the Supreme Court hold in Buckley v. Valeo regarding the appointment power?

The appointment of certain federal officials must not be done by individuals who are not authorized under Article II.

Under what circumstances can the President appoint individuals without Senate consent?

During Senate recesses, for vacancies that arose before the recess.

How does the Court generally interpret the definition of ADA disabilities?

To include physical impairments that substantially limit major life activities.

What limits did the Court seek to impose on Congressional powers in United States v. Morrison (2000)?

Congress cannot regulate non-economic conduct through the Commerce Clause.

What did the Supreme Court determine regarding the scope of executive power in Youngstown Sheet & Tube Co. v. Sawyer?

President's actions must find basis in either a congressional grant or the Constitution.

How is the legislative veto seen in terms of constitutional principles?

It violates the bicameralism and presentment requirements prescribed by the Constitution.

What principle did South Dakota v. Dole enforce in the context of federalism?

Congress can condition states' receipt of federal funds to encourage compliance with federal policy.

What does the presumption against federal preemption entail?

Federal law is presumed to complement state law rather than replace it unless explicitly stated.

How does the Court interpret exemptions in statutes like the Americans with Disabilities Act?

Exemptions must be clearly defined, and ambiguities should typically be construed in favor of inclusivity.

What concept does the rule of lenity emphasize in legal interpretation?

Ambiguities in criminal statutes should be resolved in favor of the defendant.

How are agency interpretations of statutes treated in judicial reviews?

They often receive deference depending on their validity and consistency with congressional intent.

What did the Court hold in Murphy v. National Collegiate Athletic Association regarding the applicability of federal laws?

Federal laws cannot commandeer states to implement federal policies.

In statutory interpretation, what is the standard for determining legislative intent?

Focus on the plain meaning of the text alongside legislative history and purpose.

What does the general terms canon clarify in statutory interpretation?

General terms are to be interpreted according to their normal, broad meanings unless specified otherwise.

In the case of DOMA (Defense of Marriage Act), what position does the Court's analysis take according to its legislative findings?

The text should be interpreted to avoid placing its constitutionality in doubt.

What is the presumption against waiver of sovereign immunity?

Exempts the government from being sued without its consent.

What does proportionality require when Congress legislates under the Reconstruction Amendments?

Required congruence between the harm to be addressed and the means adopted by Congress.

In what case did the Supreme Court assert the breadth of Congress's power under the Commerce Clause?

NLRB v. Jones & Laughlin Steel Corp. (1937).

What did the ruling in Wickard v. Filburn (1942) affirm regarding local agriculture?

Homegrown products could still affect interstate commerce when considered in aggregation.

What issue did the ruling in Employment Division v. Smith (1990) raise concerning religious freedoms?

Established that neutral laws of general applicability don’t violate the free exercise clause.

What is characterized by the term "political questions" in constitutional law?

Questions that are not subject to judicial resolution due to political considerations.

What case limited the scope of Congress's power under the commerce clause to regulate guns?

United States v. Lopez (1995).

Which major concept did the Anti-Commandeering doctrine reinforce?

That Congress cannot compel states to enforce federal laws.

What is the primary guideline for legal considerations regarding federal power as articulated in Youngstown Sheet & Tube Co. v. Sawyer?

The President requires Congress's authorization for actions of the executive branch.