Midterm Notes

What is the role of the Supreme Court regarding advisory opinions?

The Supreme Court will not hear advisory opinions as they are not based on actual cases or controversies.

What does Article III, Section 2, Clause 1 of the Constitution state?

The judicial Power shall extend to all Cases or Controversies.

What is standing in legal terms?

Standing refers to whether a party has the ability to bring a case to court, based on their injury and its connection to the defendant's actions.

What are the three elements required for legal standing?

1. Injury in fact: Concrete and particularized harm. 2. Causally connected to the defendant's action. 3. Likelihood of redressability.

What is mootness in legal cases?

Mootness refers to the requirement that an actual controversy must exist at all stages of judicial review.

What is ripeness in legal terms?

Ripeness refers to whether a case is ready for court to decide; it addresses whether the issue is sufficiently developed.

What is a political question in legal contexts?

A political question is one that is intended to be decided by political branches of government rather than the courts.

What Supreme Court case ruled that the Court has the authority to decide case apportionment?

Baker v. Carr ruled that challenges to state apportionment are justiciable issues.

In which case did the Supreme Court determine that there was no standing due to lack of injury in fact?

Lujan v. Defenders of Wildlife.

What was the holding in Massachusetts v. EPA regarding standing?

The plaintiffs have standing to sue due to showing injury related to the federal government's failure to enforce regulations.

What is the consequence of a generalized grievance in terms of legal standing?

A person cannot bring a case against the government for an injury affecting the public generally; there is no 'taxpayer standing'.

What was the outcome of U.S. Term Limits v. Thornton regarding state-imposed qualifications for Congress?

The Court held that a state cannot add additional qualifications to those set out in the U.S. Constitution.

What does the Necessary and Proper Clause allow Congress to do?

It allows Congress to create laws that are necessary to execute its enumerated powers effectively.

How did the Supreme Court view Congress's power to regulate interstate commerce post-New Deal?

The Court adopted a broader interpretation of Congress’s commerce power, allowing for more regulation.

What is the aggregation principle in the context of federal regulation?

It refers to considering the cumulative effects of individual activities on interstate commerce for regulatory purposes.

Which case established that Congress cannot regulate activities that are not economic in nature under the Commerce Clause?

U.S. v. Morrison.

What precedent was set in Gonzales v. Raich regarding state compliance with federal regulations?

The Court ruled that federal law can prohibit local cultivation and use of marijuana, despite state laws allowing it.

What did NFIB v. Sebelius conclude about the individual mandate in the Affordable Care Act?

The individual mandate was unconstitutional under the Commerce Clause but permissible under Congress's taxing power.

What must a case demonstrate to avoid the mootness doctrine?

There must remain an actual controversy at all stages of review; otherwise, the case becomes moot.

How does the Court view the political question doctrine with respect to the legislative and executive branches?

The Court sees some issues as constitutionally committed to political branches and not appropriate for judicial resolution.

What did the Court rule concerning the standing of taxpayers in regards to government spending?

Taxpayers typically cannot sue the government for injuries affecting the general public without showing personal harm.

What principle did the Court apply in United States v. Lopez regarding federal overreach?

The Court ruled Congress exceeded its commerce power by enacting the Gun-Free School Zones Act, which was not directly economic.

What test distinguishes between justiciable and political questions?

1. Constitutional commitment to another branch. 2. Prudential considerations should lead to the resolution by political, not judicial, means.

What significant test for commerce has emerged from cases like Wickard v. Filburn?

The substantial effects test, where even non-economic, intrastate activities can be regulated if they have a significant effect on interstate commerce.