Midterm

We the People excluded who

Originally excluded women, enslaved Black Americans, Indigenous populations, and non-landowning men.

Originalism

The Constitution must be interpreted according to its public meaning at the time of ratification.

Living Constitutionalism

Sees the Constitution as an evolving document whose meanings adapt through democratic expansion.

Separation of Powers

Divides governmental powers among the three branches to prevent tyranny.

Judicial Review

The power of the Supreme Court to review acts of Congress and declare them unconstitutional.

Injury-in-Fact

The requirement that a plaintiff must have suffered a concrete and particularized injury.

Causation

The injury must be fairly traceable to the defendant's action.

Redressability

A requirement that it must be likely that a favorable court decision will remedy the injury.

Prudential Limits on Standing

Self-imposed limitations by the Supreme Court on standing beyond Article III minimums.

Third-Party Standing

A party cannot generally assert the rights of third parties, except in specific circumstances.

Generalized Grievances

Citizens cannot sue as taxpayers or citizens over policy disagreements.

Flast Exception

Allows taxpayer standing to challenge congressional expenditures that violate the Establishment Clause.

Zone of Interests

The plaintiff's complaint must fall within the zone of interests intended to be protected.

Ripeness

A condition where a case is brought too early for judicial resolution.

Mootness

A condition where a case is brought too late and no live controversy exists.

Political Question Doctrine

Federal courts will not adjudicate issues committed to other branches of government.

Baker v. Carr (1962)

Established that legislative malapportionment is challengeable under the Equal Protection Clause.

Rucho v. Common Cause (2019)

Partisan gerrymandering is a non-justiciable political question.

Enumerated Powers

Powers explicitly granted to Congress by the Constitution.

Necessary and Proper Clause

Allows Congress to take actions not specifically mentioned in the Constitution.

Commerce Clause

Gives Congress the power to regulate commerce among the states.

Substantial Effects Test

Congress can regulate intrastate activities if they substantially affect interstate commerce.

Aggregation Principle

If everyone engages in an activity that has a trivial effect, it can still be regulated if the total effect is substantial.

US v. Lopez (1995)

Recognized limits on Congress's power under the Commerce Clause.

Tenth Amendment

Reserves powers not granted to the federal government to the states.

Anti-Commandeering Doctrine

Congress cannot compel states to enforce federal laws.

New York v. United States (1992)

Struck down a law requiring states to take title to radioactive waste.

Printz v. United States (1997)

Congress cannot compel state officers to perform background checks.

Taxing Power

Allows Congress to impose taxes for the general welfare.

South Dakota v. Dole (1984)

Established conditions for Congress to impose on states for federal funding.

NFIB v. Sebelius (2012)

Determined that compelling individuals to purchase health insurance was unconstitutional.

Executive Power

The authority of the President to enforce laws and administer government operations.

Youngstown Sheet & Tube Co. v. Sawyer (1952)

Established a framework for evaluating presidential power based on congressional authorization.

Nondelegation Doctrine

Congress cannot delegate legislative power to administrative agencies without an intelligible principle.

Presidential Immunity

Immunity for civil suits concerning official acts taken while in office.

Impeachment Process

House impeaches by majority; Senate convicts by two-thirds majority.

Federal Preemption

Federal law takes precedence over state law when there is a conflict.

Dormant Commerce Clause (DCC)

States cannot pass laws that discriminate against or burden interstate commerce.

Facially Discriminatory Laws

State laws that explicitly favor in-state interests over out-of-state ones.

Pike Balancing Test

Balancing test for facially neutral laws that impose incidental burdens on interstate commerce.

Market Participant Exception

States can favor local interests when acting as a buyer or seller.

Judicial Review over State Actions

The Supreme Court can review state court decisions on federal law to ensure uniformity.

Marbury v. Madison (1803)

Established the principle of judicial review.

Martin v. Hunter’s Lessee (1816)

Affirmed the Supreme Court's authority to review state court decisions.

Constitutional Standing Requirements

Three requirements: injury-in-fact, causation, and redressability.

Advisory Opinions

Federal courts do not issue non-binding legal advice to officials.

Legislative Malapportionment

Inequitable districting is challengeable under the Constitution.

Facial Discrimination vs. Pike Test

Use strict scrutiny for facially discriminatory laws; Pike test for neutral laws.

Executive Agreements vs. Treaties

Executive agreements do not require Senate approval, whereas treaties do.

Plenary Power Doctrine

The executive and Congress have broad authority over immigration matters.

Seila Law LLC v. CFPB (2020)

Single-director agencies cannot have 'for-cause' removal protections.

Official vs. Unofficial Acts (Trump v. United States)

Presidential immunity applies only to official acts, not unofficial acts.