Con Law Test #2

Article 1

Article 1

congress

Article 2

executive (president)

Article 3

judiciary

Article 4

States Rights

Article 5

amendments

Article 6

Legal status of constitution and federal supremacy clause

Article 7

ratification

Tax and Spend Clause

Article 1 Section 8: congress has the power to tax to pay the debts and provide for the country (spending clause ex is social security/federal education)

Commerce Clause

Congress has the power to regulate commerce but it has to be COMMERCIAL (includes foreign or interstate, or Indian tribes trade)

Elastic Clause

Congress has the power to make any laws that are necessary for carrying out the execution of powers

Full Faith and Credit

IV:1 Rulings of states are respected by other states (example driver's license)

Privileges and Immunities Clause

IV: 2 All Americans have the same basic rights no matter which state they live in or travel to

Federal Supremacy Clause

Federal law takes precedent over State Law

Vetting Nominee

1. White House Council Questionare

2. FBI investigation

3. ABA independent vet

4. outside interest groups might be consulted (ex: federalist society)

American Bar Association Vet

1. practiced law for over 12 years

2. community involvement

3. professional qualifications

4. integrity/compassion/open mind/hard working

5. judicial temperament + free from bias

Short list

top 2 or 3 on list get sent to president and president interviews and chooses nominee

Senate judiciary Committee

1. blue slip

2. Investigation: candidate has 1 month to prepare and has to meet with committee and senators

3. SCOTUS is the only court to regularly get hearings

Federal Judiciary

1. District Court (need federal issue), right to a jury, 94 district courts in the country

2. Circuit Courts of Appeals/Federal Circuit: need a legal error to appeal, heard in 3 judge panel or en banc (when all of the judges listen) 

3. Supreme Court: original and appellate jurisdiction (hears less than 1% of cases, 82% of cases come from appeal courts)

SCOTUS Procedure

1. losing party files writ ($300)

2. Justices consider petitions (4,000-8,000 a week in a cert pool, afterwards only 30% get considered and put on a list)

3. Friday Conference- Vote on Pettions (need 4 to grant cert)

4. Parties file briefs- Merit Briefs (Petitioner: blue, Respondent: red, Reply: green)

5. Justices review briefs (clerks help)

6. Oral Arguments (2-4 a day, 30 mins each)

7. Case Conference to vote

Writ of Certiorari (cert)

most common, order to court below to send papers after case is accepted

Writ of Habeas Corpus

detained wrongfully, last effort for incarcerated, hard to win

Writ of Mandamus

Forcing Hand of official, asking officer for constitutional legal duty, chances are slim

In forma Pauperis

you can apply if you cannot afford the $300