Federalism and National Powers Lecture Notes

Comprehensive vocabulary flashcards covering Federalism, the Commerce Clause, the 10th Amendment, Judicial Review, and Separation of Powers based on constitutional law lecture notes.

Necessary and Proper Clause

A constitutional provision that acts as a catch-all for powers not specifically listed, interpreted by Marshall in McCulloch as allowing Congress to do reasonable things to execute their powers rather than only what is 'absolutely necessary'.

Rational-basis review

A standard of review where laws must be rationally related to an enumerated power; the court determines whether the action was rational, even if Congress did not explicitly state its rationale.

United States v. Comstock

A Supreme Court case establishing that the Necessary and Proper Clause grants Congress broad authority to enact legislation that is 'convenient or useful or conducive' to exercising an enumerated power.

Compact theory

The idea that if the Constitution is silent on an issue, the rights to govern that issue are reserved to the states, though this has been largely superseded by the Commerce Clause.

Vertical separation of powers

The division of power between the national and state governments (federalism) intended to serve the common good and preserve liberty.

Horizontal separation of powers

The division of power among the branches of the federal government to provide 'double security' to the rights of the people by preventing power concentration.

Commerce Clause

Article I § 8, cl. 3 of the Constitution, which grants Congress the power to regulate commerce with foreign nations, among the several states, and with Indian Tribes.

Gibbons v. Ogden

A case defining 'commerce' broadly to include navigation and establishing the early 'substantial effect' view of Congressional power over interstate commerce.

Stream of commerce

A legal rationale where local activities are regulated because they are viewed as a substantial part of the flow of interstate commerce (e.g., Swift and Co.).

Aggregate effects rule

Established in Wickard v. Filburn, this rule allows Congress to regulate individual activity if the combined effect of many such people would have a substantial effect on interstate commerce.

Heart of Atlanta Motel

A case upholding the Civil Rights Act of 1964, ruling that racial discrimination by hotels impedes interstate travel and thus falls under the Commerce Clause.

As-applied challenge

A legal challenge arguing that the specific way a law is being applied is unconstitutional, rather than the law as a whole.

Facial challenge

A legal challenge arguing that a law is unconstitutional in its entirety and must be scrapped.

United States v. Lopez

A landmark case identifying three categories Congress can regulate under commerce: channels of interstate commerce, instrumentalities of interstate commerce, and activities with a substantial relation to interstate commerce.

NFIB v. Sebelius (Commerce Power)

Determined that the Commerce Clause does not permit the government to compel people to participate in commerce or regulate 'non-activity'.

Anti-Commandeering Doctrine

Established in New York v. United States, asserting that Congress cannot force a state government to adopt or enforce a federal regulatory program.

Conditional preemption

A congressional alternative to commandeering where Congress threatens to pass federal legislation unless states choose to regulate according to federal standards.

Bailey v. Drexel (Child Labor Tax Case)

Established that Congress can incentivize states to adopt regulation but cannot use the taxing power to penalize them into adoption if it exerts a 'prohibitory and regulatory effect' in a realm outside federal jurisdiction.

South Dakota v. Dole (Spending Power Test)

A four-part test for federal fund conditions: 1) serve general welfare, 2) clear statement of condition, 3) relatedness to the program, and 4) no independent constitutional bar.

Dormant Commerce Clause (DCC)

A legal principle where courts invalidate protectionist state legislation that discriminates against or unduly burdens interstate commerce, even without congressional preemption.

Market Participant Exception

An exception to the Dormant Commerce Clause where a state may favor its own residents if it is acting as a buyer or seller in the market rather than as a regulator.

Interstate Privileges and Immunities Clause

Article IV, sec. 2, which restrains states from barring out-of-staters from access to local resources; it applies only to 'citizens' (not corporations) and has no market participant exception.

Standing (Lujan Elements)

The requirement that a plaintiff show (1) Injury-in-fact that is concrete and imminent, (2) Causation traceable to the government, and (3) Redressability.

Political Question Doctrine

The principle from Baker v. Carr that courts should dismiss cases involving issues textually committed to other branches or lacking judicially manageable standards.

Youngstown Zone 1

When the President acts with express or implied authorization of Congress, his authority is at its maximum.

Youngstown Zone 3

When the President acts in contradiction to the expressed or implied will of Congress, his power is at its 'lowest ebb'.

Executive Gloss

A concept from Dames v. Moore where a history of congressional acquiescence can place presidential actions in Youngstown Zone 1 even without express statutory authorization.

Nondelegation Doctrine

The principle that Congress cannot delegate its legislative powers to other entities unless it provides an 'intelligible principle' to guide the exercise of that authority.

Bicameralism

The requirement that legislation must be passed by both the House of Representatives and the Senate, emphasized in INS v. Chadha as a check against the legislative veto.

Principal Officers

High-level government officials appointed by the President with the advice and consent of the Senate, typically possessing finality in their decision-making authority.

Inferior Officers

Officials with limited terms and or powers whose decisions are often reviewable; they can be appointed by the President alone, courts, or heads of departments without Senate consent.

Unitary Executive (Removal Power)

The doctrine established in cases like Myers v. United States that the President generally has the power to remove executive officers at will to ensure they are accountable.

Presumptive Privilege

A limited privilege for presidential communications established in United States v. Nixon, which can be overcome by the need for evidence in a criminal trial.

Absolute Immunity

The legal protection of the President from civil damages liability for all official actions taken while in office (Nixon v. Fitzgerald).