CONST LAW EXAM 1

Article 1 contains what?

LEGISLATIVE POWER.

Membership and duties- Age requirements, citizenship,

Legislative process- How a bill becomes a law

Necessary and proper clause- elastic clause, etc

Commerce Power

Spending power

Taxing power

Section 7- President’s veto power

Article 2 contains what?

EXECUTIVE POWER. Commander in-Chief

Treaty power

Appointment power (advice and consent clause)

“Legislative” and “Judicial” functions

The Presidential Oath is in article 6 section 3

Federal state officers has to give an oath

Article 3 contains what?

JUDICIAL POWER. Supreme Court

Appellate Jurisdiction

Looking for an opinion if it was applied correctly to the law. (Cases fall into appellate courts when a party wants to appeal the court decision)

Congress can have the ability to allow what cases these appellate jurisdictions can see, but it does not just end like that since they can sue Congress to have the ability to see the case

Justiciable

what is right or appropriate for review

Original Jurisdiction

In a state -> Trial courts -> intermediate courts of appeal -> state supreme court -> US Supreme Court.

US District Courts (drug offenses etc) IF THEY ARE UNHAPPY -> Circuit courts of appeal-> US Supreme Court

a court’s power to hear a case for the very first time, act as a trial court, and render an initial decision.

what is Article 4

STATES. “Full Faith and Credit Clause”

“Privileges and Immunities”

On disposition of property

Article 4 Section 4

Guarantee Clause

what is the guarantee clause

• A republican form of government (A representative form of government)

Article 4, Section 3, Clause 2

Property Clause

what is the Property Clause

gives Congress the full power to manage, regulate, and sell federal land and property (disposition of property)

What is Article 5?

Outlines the amendment process.

What is Article 6, Clause 2

“Supremacy Clause”

What is the Supremacy Clause?

the U.S. Constitution, federal laws made pursuant to it, and federal treaties are the supreme law of the land 

What is Article 6, Clause 3

oath to support the Constitution

What is Article 7?

Outlines how the Constitution will be ratified. Explains the ratification of the Constitution

Role of states in ratifying the document

The U.S. Constitution is a contract between? The people and the federal government which is supported by

Preamble, Bill of Rights, Article 5,

The U.S. Constitution is a contract between? The states and the federal government which is supported by

10th Amendment, Article 1 Section 4,

The Bill of Rights are..?

First 10 Amendments. Really, the first 9 speak about the rights of individuals

the 10th amendment refers to…?

“police powers” and “reserved powers” of states

what is the 13th Amendment?

Ended Slavery

what is the 14th Amendment?

Defines Citizenship

Due Process Clause (Similar to the 5th Amendment but includes “no state”
Substantive Due Process

Equal Protections

What did the 14th Amendment do?

Incorporation of Bill of Rights and brough in “Liberty” from the 5th Amendment

What is Substantive Due Process

constitutional principle that protects certain fundamental rights from government interference, even if those rights are not explicitly written in the U.S. Constitution

What is the 15th Amendment?

Voting Rights cannot be denied on the account of race

What is Writ of Certiorari

a formal order issued by a higher court directing a lower court to send up the case records for review

What is Standing?

if the party has an injury (constitutional violation)

What is Stare Decisis

to stand by precedent

what is Seriatim

Writing individual opinions

what is the concurring opinion?

Agrees with the majority in terms of the vote

What are the Constitutional Theories?

Judges (Constitutionalism), Legislators (Representative Democracy), and Each Branch of Government (Departmentalism)

what is Constitutionalism?

That the Constitution needs to be updated and that judges are the best way to do that.

what is representative democracy in terms of theories?

Deference

What is departmentalism

each of the three branches of government has an equal and independent authority to interpret the Constitution

What are different methods of interpretation?

Modernist, Textualist, and Originalist

What is a Modernist?

“Living Constitution” or noninterpretivist

What is a Textualist?

“Strict Constructionism”

What is a Originalist?

Interpretivist

Constitution should be interpreted based on its meaning at the time it was adopted.

What is Judicial Review?

Judicial power to declare a political action as being unconstitutional. Not an enumerated power

what is Judicial Supremacy?

It is a rare power; goes beyond judicial review. Court is the “ultimate interpreter of the Constitution”. Intended to apply to all future cases

What did the Federalist #78 say?

“...the interpretation of the law is the province of the courts”. Court is the “least dangerous branch”. Framers intended for a limited government

What did the Virginia and Kentucky Resolutions of 1798 contain?

Drafted by Jefferson and Madison. Supported States’ Rights. State legislatures determine the constitutionality of federal laws

What are Marbury v. Madison and its Impacts

Court finds a power for itself. Section 13 of the Judiciary act is unconstitutional. It wrongly defined the courts original jurisdiction

What problems did Marbury v. Madison rise?

Judicial review is not an enumerated power. Jefferson pointed out how section 13 never mentioned expanding the courts original jurisdiction

What is a Ministerial Act?

Something the law specifically requires an official to do

Why did Marbury’s case not go well?

The main reason is because he tried to bring the case to the supreme court and so the Supreme court lacked original jurisdiction to rule on its merits.

When does the supreme court has original jurisdiction?

Cases affecting ambassadors, public ministers, and consuls. Cases in which a U.S. State is a party (most commonly, lawsuits between two or more states over borders, water rights, or financial disputes).

Eakin v. Raub’s impacts

Questions whether the Constitution creates a limited government

All state and federal officers take oath to defend the Constitution

Judges should resolve disputes between parties, not between branches of government

**Gibson advocates for judicial deference

Legislative supremacy

President Jackson Veto Message of 1832

Supports departmentalism; Attacks Court for its ruling in McCulloch v. Maryland (1819)

Attacks Congress for supporting the wealthy

FDR’s Court Packing Plan (1937)

Criticized the Republican Court for its use of judicial review

Court rejected New Deal

Proposed Court-Packing Plan

Plan failed, but moved court in new direction regarding economic legislation

**When a judge enacts judicial review, they are partaking in judicial activism

What happened in cooper v. aaron?

the case came out of Arkansas’s resistance to the Supreme Court’s decision in Brown v. Board of Education. After Little Rock Central High School began integrating, there was major public resistance and violence, so the school board asked to delay desegregation

what was the ruling for cooper v. aaron?

The Supreme Court unanimously said no. It held that state officials are required to follow the Constitution and the Supreme Court’s interpretation of it. They invoked Judicial Supremacy

What are the legal provisions for cooper v. aaron?

ARTICLE 6, CLAUSE 2

ARTICLE 6, CLAUSE 3

FOURTEENTH AMENDMENT (EQUAL PROTECTION CLAUSE)

ARTICLE 3, SEC 2, CLAUSE 1 AND 2

what is ARTICLE 3, SEC 2, CLAUSE 1

limits federal jurisdiction to actual "cases" and "controversies", encompassing both subject-matter jurisdiction (federal laws, treaties, and the Constitution) and party-based jurisdiction (such as disputes involving ambassadors, maritime law, the U.S. government, or between different states/citizens)

what is ARTICLE 3, SEC 2, CLAUSE 2

outlines the Court's dual authority. Original Jurisdiction and Appellate Jurisdiction

what happened in Ex Parte McCardle

He was a newspaper editor in Mississippi who was arrested by military authorities during Reconstruction. He filed a habeas corpus petition and eventually appealed to the Supreme Court under a federal statute that gave the Court jurisdiction to hear the case.

While the case was pending, Congress passed a law repealing the part of the statute that gave the Supreme Court jurisdiction over McCardle’s appeal. The question was whether Congress could take away the Supreme Court’s appellate jurisdiction while the case was already before the Court.

what was the ruling for Ex Parte McCardle

The Supreme Court said yes. It held that Congress has the power under the Exceptions Clause of Article III to make exceptions to and regulate the Supreme Court’s appellate jurisdiction. Because Congress had validly removed the Court’s jurisdiction, the Supreme Court could no longer decide the merits of his case and dismissed it.

What were the legal provisions of Ex Parte McCardle

ARTICLE 3, SECTION 2, CLAUSE 2

ARTICLE 1, SECTION 9, CLAUSE 2

What is ARTICLE 3, SECTION 2, CLAUSE 2

defines the original and appellate jurisdiction of the U.S. Supreme Court and gives Congress the power to make exceptions to that appellate jurisdiction

What is ARTICLE 1, SECTION 9, CLAUSE 2

Suspension Clause. The privilege of the writ of habeas corpus shall not be suspended unless in cases of rebellion or invasion when public safety requires it

Legislative Checks (Congress)Constitutional Amendments

Congress can propose, and three-fourths of the states can ratify, constitutional amendments to directly override Supreme Court rulings interpreting the Constitution.

Jurisdiction Stripping

Under Article III, Section 2 (Exceptions Clause), Congress can remove or restrict the Supreme Court's appellate jurisdiction or the jurisdiction of lower federal courts over specific legal subjects.

Court Structure and Size

Congress controls the number of Supreme Court seats, determines the budget for the judicial branch, and establishes or eliminates lower federal courts.

Advice and Consent

The Senate can reject presidential nominees to the federal bench during the confirmation process.

Impeachment and Removal

Congress holds the power to impeach (House) and remove (Senate) federal judges for misconduct.

Statutory Rewrites

If the Supreme Court interprets a federal statute in a way Congress disagrees with, Congress can pass new legislation to clarify or overturn that statutory interpretation.

Adversity

Court rejects review of cases where parties want the same outcome

Court rejects cases where parties are testing the law

Ripeness

A situation must have occurred, not the possibility of occurring

Mootness

The Court will not accept cases where the situation has already been resolved

How does DeFunis differ from Roe v. Wade

Because he was guaranteed his diploma regardless of the outcome, the Court decided a judicial remedy was no longer necessary to protect his personal rights. In roe, the very nature of pregnancy means a legal challenge will almost always outlast the condition itself.

Standing

The Court will accept a case for review if a party can demonstrate that it has sustained a direct injury

what happened in Forthingham v. Mellon

She was a is a taxpayer who sued the U.S. Secretary of the Treasury because she believed that she would be harmed due to the Maternity Act using her tax money to fund the program. The main issue of this case was whether she had standing simply because she was a federal taxpayer who objected on how Congress was spending tax money

What was the ruling of Forthingham v. Mellon

The Supreme Court held that she did not have standing. The Court explained that any financial injury she suffered was extremely small and shared with millions of other taxpayers. Since she was unable to show a specific and personal injury, she could not bring the lawsuit.

What are the legal provisions of Forthingham v. Mellon

Article 3, Section 2. Article 1, Section 8, Clause 1. Fifth Amendment- Due Process Clause.

What was Article 1, Section 8, Clause 1

Taxing and Spending Clause- the constitutional source of congressional authority which the spending program was enacted

What happened in Flast v. Cohen

Congress passed the Elementary and Secondary Education Act of 1965, providing federal funds to finance instructional materials, textbooks, and support services for students in both public and private religious schools. He and other federal taxpayers sued Wilbur J. Cohen, Secretary of Health, Education, and Welfare, arguing that using federal tax dollars to fund educational programs in religious schools violated the Establishment Clause and Free Exercise Clause of the First Amendment.

What was the ruling for Flast v. Cohen

Federal Taxpayers do have Article 3 standing to challenge a congressional spending program if they show the expenditure violates a specific constitutional restriction on Congress’s taxing and spending power.

What were the legal provisons in Flast v. Cohen

Article 3, Section 2, Clause 1. Article 1, Section 8, Clause 1. First Amendment (Establishment Clause). First Amendment (Free Exercise Clause).

what is the double nexus test?

determines whether a federal taxpayer has legal standing to challenge government expenditures. Taxing and Spending Clause Link and Constitutional Limitation Link

What happened in Valley Forge Christian College v. Americans United

The Department of Health, Education, and Welfare transferred 77 acres of surplus federal property to the College without financial recharge. Americans United for Separation of Church and State and individual members sued, arguing that giving government property to a religious institution violated the Establishment Clause of the First Amendment. The District Court dismissed the suit for lack of standing.

What was the ruling for Valley Forge?

Taxpayers lack standing because the transfer was an executive agency action involving property disposal rather than a direct congressional expenditure under the Taxing and Spending Clause.

what were the legal provisions of Valley forge

Article 3, Section 2, Clause 1. Article 4, Section 3, Clause 2. Article 1, Section 8, Clause 2. First Amendment

What is Article 4, Section 3, Clause 2

Property Clause. Grants Congress the power to dispose of and regulate property belonging to the U.S.

What happened in Lujan v. Defenders of Wildlife

In 1973, the Endangered Species Act of 1973 required federal agencies to consult with the Secretary of the Interior before doing anything that might harm an endangered species or its habitat. In 1986, the U.S. government changed its regulation so this consultation requirement applied only to actions within the U.S. or the high seas, meaning it excluded foreign countries. Defenders of Wildlife and other groups sued Manuel Lujan Jr., the Secretary of the Interior, arguing that U.S.-funded foreign projects could harm endangered animals abroad and that the consultation rules should apply worldwide.

What was the ruling in Lujan v. Defenders of Wildlife

The Supreme Court ruled that the defenders of Wildlife lacked Article 3 standing to challenge the regulation because they failed to prove a concrete, imminent “injury-in-fact” or satisfy the requirement of redressability

What are the legal provisions in Lujan v. Defenders of Wildlife

Article 3, Section 2, Clause 1. Article 2, Section 3.

what is Article 2, Section 3

outlines specific duties and responsibilities of the President, including the requirement to report on the country's condition and faithfully execute the laws

No Imminent Injury-in-Fact

Intentions to visit international habitats “some day”- without specific, concrete travel plans or fixed dates are too speculative to establish an “imminent” and “particularized” injury under Article 3

Lack of Redressability

An order against the Secretary of the Interior would not directly redress the alleged harm, because the federal funding agencies and foreign governments carrying out the overseas projects were not parties within the lawsuit and would not be bound by the ruling.

What happened in Elk Grove Unified School District v. Newdow

California law required public elementary schools to conduct daily patriotic exercises. The Elk Grove Unified School District satisfied this mandate by requiring each classroom to recite the Pledge of Allegiance daily, which included the phrase “one nation under god”

Michael Newdow, an atheist father of an elementary school student in the district, sued the school district alleging that forcing his daughter to listen to teacher-led recitations of “under God” constituted unconstitutional religious indoctrination in violation of the First Amendment’s Establishment Clause and Free Exercise Clause.

At the same time, the child’s mother, Sandra Banning, and her father were in a custody case where they were both granted “physical custody,” but the mother had “exclusive legal custody”. Sandra tried to pull her daughter out of the case since she believed that it was not in her daughter’s best interest to be part of the suit.

what was the ruling in Elk Grove Unified School District v. Newdow

The Supreme Court ruled that a parent who lacks legal authority and custodial control under state domestic relations law lacks prudential standing to bring a suit in federal court as “next friend” on behalf of the child.

what are the legal provisions in Elk Grove Unified School District v. Newdow

Article 3, Section 2, Clause 1. First Amendment (Establishment Clause). First Amendment (Free Exercise Clause). Fourteenth Amendment

What happened in Luther v. Borden

In the early 1840s, Rhode Island was still governed under its colonial charter from 1663, which restricted voting rights. Reformers created a new constitution and a competing government led by Thomas Dorr, producing two governments that claimed authority over the state. The old charter government declared martial law and used the militia to suppress Dorr’s supporters. Martin Luther supported the Dorr government and members of the state militia broke into his house while trying to arrest him. Luther sued them for trespass, arguing that the charter government was not the legitimate government and therefore had no authority to order the search. The case ultimately required the Court to confront whether federal courts could decide which of the two competing Rhode Island governments was legitimate.

What was the ruling for Luther v. Borden

he federal judiciary has no authority to decide which of competing state governments is legitimate, establishing the political question doctrine.

What are the legal provisions of Luther v. Borden

Article 4, Section 4. Article 3, Section 2, Clause 1.

What is Article 4, Section 4

Mandates that the U.S. “shall guarantee to every State in this Union a Republican Form of Government

What happened in Baker v. Carr

Charles Baker, joined by other urban voters, city mayors, and election officials from urban Tennessee counties, argued against Joe Carr, Secretary of State of Tennessee, along with state election board members and legal officials responsible for administering state elections that the legislature’s failure to reapportion diluted the voting power of urban citizens, violating the Equal Protection Clause of the Fourteenth Amendment by denying them equal representation under the law.

What was the ruling for Baker v. Carr

federal courts have the authority to hear lawsuits challenging legislative districting plans

what are the legal provisions of Baker v. Carr

Fourteenth Amendment Section 1. Article 3, Section 2, Clause 1. Article 4, Section 4

What happened in Nixon v. U.S.

Judge Nixon was indicted and convicted of federal perjury for making false statements to a grand jury. The House impeached him, and the Senate used a special committee under Senate Rule XI to hear the evidence and testimony before the full Senate ultimately voted to convict and remove him. Nixon sued, arguing that Article I says the Senate has the sole power to “try” impeachments, so the entire Senate itself had to conduct the evidentiary proceedings. The issue became whether the courts could review the Senate’s impeachment procedures or whether that was a political question.