UBE MBE Con Constitutional Law

Ripeness

"Ripeness" refers to the readiness of a case for litigation. A federal court will not consider a claim before it has fully developed; to do so would be premature, and any potential injury would be speculative. For a case to be "ripe" for litigation, the plaintiff must have experienced a real injury (or imminent threat thereof). Hence, if an ambiguous law has a long history of non-enforcement, a case challenging that law may lack ripeness.

Congressional Limit on the Executive: Impeachment

"The President, Vice President and all civil officers of the United States shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors." The House of Representatives determines what constitutes "high crimes and misdemeanors" and may impeach (i.e., bring charges) by a majority vote. The Senate tries the impeached official, and a two-thirds vote is necessary for conviction.

Not Barred by the 11A:

-Actions against Local Governments -Actions by the US Gov or another state. -Bankruptcy proceedings that impact a state's finances -

Limitations: Eleventh Amendment

-prohibits the citizens of one state from suing another state in federal court -immunizes the state from suits in federal court for money damages or equitable relief. -Bars suits in federal court against state officials for violating STATE law. -Precludes citizens from suing their own state in federal court. The rule is that you cannot sue a state for money damages in either the state's own court or federal court unless the state consents or Congress expressly says so. You may sue a state for money damages in a sister state's court.

Mootness

A case has become moot if further legal proceedings would have no effect; that is, if there is no longer a controversy. A live controversy must exist at each stage of review, not merely when the complaint is filed, in order for a case to be viable at that stage. Example: The classic example of mootness is the case of DeFunis v. Odegaard, 416 U.S. 312 (1974). The plaintiff was a student who had been denied admission to law school and had then been provisionally admitted while the case was pending. Because the student was scheduled to graduate within a few months at the time the decision was rendered, and there was no action that the law school could take to prevent it, the Court determined that a decision on its part would have no effect on the student's rights. Therefore, the case was dismissed as moot.

Pullman Doctrine- Abstention

A court may refrain from ruling on a federal constitutional claim that depends on resolving an unsettled issue of state law best left to the state courts.

Younger abstention

A court will generally not enjoin a pending state criminal case or a state enforcement proceeding in which an especially strong state interest is involved. Younger v. Harris, 401 U.S. 37 (1971). The exception to this abstention is seen in cases of proven harassment or prosecutions taken in bad faith.

Voluntary Cessation Exception To Mootness

A court will not dismiss as moot a case in which the defendant voluntarily ceases its illegal or wrongful action once litigation has commenced. The court must be assured that "there is no reasonable expectation that the wrong will be repeated.

DIRECT TAX (taxing and spending)

A direct tax (one imposed directly on property or persons, such as an ad valorem property tax) must be apportioned evenly among the states. The difficulty of ensuring this outcome explains Congress's reluctance to enact such taxes—or perhaps the Supreme Court's reluctance to find that federal taxes are "direct." The Sixteenth Amendment gave Congress the power to lay and collect income tax without apportionment among the states.

Political Questions

A federal court will not rule on a matter in controversy if the matter is a political question to be resolved by one or both of the other two branches of government. A political question not subject to judicial review arises when: i) The Constitution has assigned decision making on this subject to a different branch of the government; or ii) The matter is inherently not one that the judiciary can decide. I.e. impeachment, gerrymandering

Immunities and Privileges: Judicial Immunity

A judge is absolutely immune from civil liability for damages resulting from her judicial acts, including grave procedural errors and acts done maliciously or in excess of authority unless there is a clear absence of all jurisdiction. The judge is not immune, however, to lawsuits regarding nonjudicial activities, such as hiring and firing court employees.

Third party standing

A litigant generally has no standing to bring a lawsuit based on legal claims of a third party. There are a few notable exceptions to this rule, however: i) If the third parties would experience difficulty or are unable to assert their own rights, such as a Caucasian defendant raising equal protection and due process objections to discrimination against African-American people in the selection of grand juries, ii) If there is a special relationship between the plaintiff and the third parties, such as an employer asserting the rights of its employees, a doctor asserting the rights of his patients in challenging an abortion ruling, or a private school asserting its students' rights to attend despite a statute requiring attendance at public schools, iii) If a plaintiff suffers an injury, and the injury adversely affects the plaintiff's relationship with a third party, the plaintiff may assert the third-party's rights.

Standing to assert a Tenth Amendment violation

A party has standing to challenge the constitutionality of a federal statute on the grounds that it exceeds Congress's enumerated powers and intrudes upon the powers reserved to the states by the Tenth Amendment.

Taxation Power

A tax by Congress will generally be upheld if it has a reasonable relationship to revenue production, or if Congress has the power to regulate the activity being taxed, subject to certain limitations. Example: The Affordable Health Act's individual mandate, requiring individuals to buy health insurance or pay a penalty, merely imposed a tax on those who failed to buy insurance and therefore could be sustained under the taxing power. Nat'l Fed'n of Indep. Bus. v. Sebelius (The Patient Protection and Affordable Care Cases), 132 S. Ct. 2566 (2012).

When a party obtains an unfavorable judgment from a state's highest court, that party is unable to obtain review of that judgment by the U. S. Supreme Court if the judgment rests on

Adequate and independent state grounds

Speech or Debate: Example with Executive and Legislators

Although members of Congress enjoy immunity for statements made in the regular course of the legislative process (i.e., during legislative hearings on a bill), the immunity will not protect statements made outside of Congress. Accordingly, the immunity will not extend to a "re-publication" of a defamatory statement, even if that statement was originally made in Congress. On the other hand, the president enjoys absolute executive immunity to civil suits for money damages for actions while he is in office.

Assignee Standing

An assignee of a claim has standing to enforce the rights of an assignor, even when the assignee is contractually obligated to return any litigation proceeds to the assignor (e.g., an assignee for collection), provided the assignment was made for ordinary business purposes and in good faith.

Organizational standing

An organization may bring an action when it has suffered an injury. In addition, an organization may bring an action on behalf of its members (even if the organization has not suffered an injury itself) if: i) Its members would have standing to sue in their own right; and ii) The interests at stake are germane to the organization's purpose. When damages are sought, generally neither the claim asserted nor the relief requested can require the participation of individual members in the lawsuit. But note that the damages limitation is not constitutionally mandated and can be waived by Congress.

CONTRACTS CLAUSE, Article I, Section 10

Article I states that no STATE legislation may retroactively impair the obligation of contracts. The article does not apply to federal action or to court decisions.

War and Defense Powers

Article I, Section 8 gives Congress the power to declare war, raise and support armies, provide and maintain a navy, make rules for governing and regulating the land and naval forces, and provide for the organizing of a militia. includes providing for national defense, military courts and tribunals but CANNOT provide for military trial of US citizens President has the authority to order units of the National Guard into federal service without the consent of the governor of the respective state.

Judicial Power

Article II, Section 1: "the judicial power of the US shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish.

Congress Property Power

C has the power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States." No express limit on Congress's power to dispose of property owned by the United States. Under the Fifth Amendment, however, Congress may only take private property for public use (eminent domain) with just compensation and in order to effectuate an enumerated power.

Postal Power

C has the power to establish post offices and post roads" -may impose reasonable restrictions on the use of the mail (such as prohibiting obscene or fraudulent material to be mailed), Postal power MAY NOT be used to abridge any right guaranteed by the Constitution (e.g., the First Amendment).

Judicial Scope

Cases and Controversies: *arising under the US Constitution, laws, and treaties. *affecting foreign countries representatives. *Admiralty and maritime jurisdiction *Where US is a party *Between two or more states or between a state and citizens of another state *between citizens of different states or between citizens of the same state claiming lands under grants of different states; or *between a state, or its citizens, and foreign states, citizens, or subjects.

Citizenship standing

Citizens do not have standing to assert a claim to enforce a constitutional provision merely because they are citizens, although a citizen may bring an action against the government to compel adherence to a specific federal statute. Even in such a case, the plaintiff must have directly suffered an injury in fact.

Hierarchy of federal statutes, treaties, executive agreements, state laws

Conflicting federal statutes and treaties take precedence over executive agreements, but executive agreements take precedence over conflicting state laws. Fed Statutes Executive Agreements State Laws.

14A SOP

Congress cannot expand or create new EP/DP rights . The job of defining such rights falls to the Supreme Court

Congress Power Over Naturalization

Congress has exclusive authority to "establish a uniform rule of naturalization." Example: Children born abroad whose parents are U.S. citizens are not automatically entitled to U.S. citizenship. Congress can grant citizenship conditioned on the child's return to the U.S. within a specified timeframe or for a specified duration. However, the right of national citizenship in the 14A prevents Congress from taking away the citizenship of any citizen without her consent, unless that citizenship was obtained by fraud or in bad faith.

Congress and "Federal Police Power"

Congress has no general police power to legislate for the health, safety, welfare, or morals of citizens.

Congress Power Over Aliens

Congress has plenary power over aliens. Aliens have no right to enter the United States and may be refused entry for reasons such as their political beliefs. This power is subject to the constraints of the Fifth Amendment Due Process Clause for an alien within the United States. An alien may generally be removed from the United States, but only after notice and a removal hearing.

Commerce Clause

Congress has power to regulate (i) the channels (highways, waterways, airways, etc.) and (ii) instrumentalities (cars, trucks, ships, airplanes, etc.) of interstate commerce, as well as (iii) any activity that SUBSTANTIALLY affects interstate commerce, provided that the regulation does not infringe upon any other constitutional right.

13Th Amendment- Ban On Slavery

Congress has the power to adopt legislation rationally related to eliminating racial discrimination. Broadly interpreted to allow Congress to regulate both private and government action, including racial discrimination by private housing sellers, private schools, and private employers. (This is the only amendment that authorizes Congress to regulate purely private conduct.)

Substantial Economic Effect

Congress has the power to regulate any activity, intra- or interstate, that in and of itself or in combination with other activities has a "substantial economic effect upon" or "effect on movement in" interstate commerce.

Necessary And Proper Clause

Congress is given the power to enact any legislation necessary and proper to execute any authority granted to any branch of the federal government. N&P is not an independent source of power, but it permits Congress's otherwise designated authority to be exercised fully. EXAM NOTE: Because the Necessary and Proper Clause is not an independent source of power, it is not a correct answer choice by itself unless it carries into effect other enumerated powers.

power of congress for pending new legislation

Congress may amend or repeal existing law and direct that the change be applied in all related pending actions, i.e., those in which a final judgment has not been entered.

Congress and the Appointment Power

Congress may delegate the appointment of inferior officials to the President. Congress may not itself appoint members of a body with administrative or enforcement powers; such persons are "officers of the United States" and must be appointed by the President.

Eleventh Amendment Exceptions

Consent by the state. Injunctive relief against a state official. An action for damages against a state official is not prohibited, as long as the officer himself will have to pay. Prospective damages Congressional Authorization: Congress may abrogate state immunity from liability if it is clearly acting to enforce rights created by the Fourteenth Amendment (e.g., equal protection) and does so expressly.

Redressability

Court can do something about your injury. If injury is past, redress is damages. if injury is future, usually injunction. To get an injunction you have to show that the injury is likely to happen again.

Causation

D's acts have caused or will caused P's injury. Must be fairly traceable to the challenged action.

POWERS OF CONGRESS

EXAM NOTE: Congress may amend or repeal existing law and direct that the change be applied in all related pending actions, i.e., those in which a final judgment has not been entered. If a bar exam question involves application of new legislation, pay attention to the status of any case to which it is to be applied. EXAM NOTE: Congress has no general police power to legislate for the health, safety, welfare, or morals of citizens. The validity of a federal statute on the bar exam may not be justified based on "federal police power."

examples of political questions

Example: Details of Congress's impeachment procedures (constitutionally assigned to a branch other than the judiciary) and the President's conduct of foreign affairs (not within judicial competence) are examples of political questions. Compare: The political question doctrine does not bar courts from adjudicating the constitutionality of a federal statute directing that an American child born in Jerusalem is entitled to have Israel listed as her place of birth in her U.S. passport. The Court held that the Constitution did not commit the issue to another branch of government and resolving the case would involve examining "textual, structural, and historical evidence" concerning statutory and constitutional provisions, something within judicial competence. Zivotofsky ex rel. Zivotofsky v. Clinton, 132 S. Ct. 1421 (2012).

example of aggregate interstate commerce

Example: The Supreme Court upheld congressional restriction of wheat production, even when applied to a farmer growing only 23 acres of wheat, primarily for personal use. The rationale behind the decision was that if every small farmer were allowed to grow an unrestricted amount of wheat, the combined effect could have an impact on supply and demand in the interstate market.

Investigatory Power Scope

Extends to any matter within a "legitimate legislative sphere"

Advisory Opinions

Federal courts may not render advisory opinions on the basis of an abstract or a hypothetical dispute. An actual case or controversy must exist. EXAM NOTE: Fact patterns involving a request for declaratory judgment are likely testing advisory opinion prohibition.

Removal power

Generally accepted that the President may remove any executive appointee without cause (and without Senate approval). Federal Judges may be removed only by impeachment

Parental standing

Generally, a parent has standing to bring an action on behalf of the parent's minor child. However, after a divorce, the right to bring such an action may be limited to only one of the child's parents. Moreover, when the right to bring such an action is based on family-law rights that are in dispute, the federal courts should not entertain an action if prosecution of the lawsuit may have an adverse effect on the child. (noncustodial parent with joint legal custody could not challenge school policy on behalf of his daughter when the custodial parent opposed the action).

Export Tax

Goods exported to foreign countries may not be taxed by Congress or the states.

Appropriation

If Congress explicitly mandates an expenditure of funds, the President has no power to impound those funds (i.e., refuse to spend them or delay the spending). The President is permitted to exercise spending discretion if the authorizing legislation so provides. EXAM NOTE: Separation of powers questions often center on the President trying to impound funds appropriated by Congress. Remember that if Congress fails to mandate that the funds are to be spent, then impoundment is not a separation of powers violation.

Class Action Exception To Mootness

If the named plaintiff's claim in a certified class action is resolved and becomes moot, that fact does not render the entire class action moot.

Nondelegable Powers

Impeachment and power to declare war.

Legislative Veto

It is unconstitutional for Congress to attempt a "legislative veto" of an executive action—that is, to retain direct control over the actions of an executive agency, rather than going through the proper channels of passing a bill.

Speech and Debate Clause

Members of Congress cannot be questioned in regard to a citrates such as speech or debate taking place during a session.

Injury

Must be concrete and particularized Cannot be mere ideological objection. Must be actual or imminent (not hypothetical or conjectural). When a future injury is alleged, damages cannot be obtained, but an injunction can be sought.

CONGRESS - investigatory power

No express power to investigate. N&P Clause allows Congress broad authority to conduct investigations incident to its power to legislate.

Delegation Of Legislative Powers

Nondelegation Doctrine: Congress may not delegate that power to any other branch of government. However, delegation of some of Congress's authority to the executive branch has consistently been held constitutional, so long as Congress specifies an "INTELLIGIBLE PRINCIPLE" to guide the delegate. Example: The IRS has been given the power to collect taxes that are assessed under the Internal Revenue Code. Although Congress has determined the amount to be taxed, it has delegated to the IRS the power to determine how such taxes are to be collected.

Jurisdiction of the Supreme Court

Original: Art III, Section 2 gives original jurisdiction over all cases affecting ambassadors, other public ministers and consuls and those in which a State shall be a party. *Congress may not expand or limit this jurisdiction Appellate Jurisdiction: Certiorari- discretionary Congress has some power to limit the Supreme Court's appellate jurisdiction by legislating exceptions to its appellate jurisdiction.

President: Domestic Powers

Pardon power: pardon any and all federal offenses except in cases of impeachment. cannot be limited by Congress. Veto Power: Upon presentment, the President has 10 days to act on proposed legislation. If the President signs the bill, it becomes law. The President may also veto the bill by sending it back, with objections, to the house in which it originated.

Standing Requires:

Plaintiff bears the burden of establishing three elements: Injury, causation, redressability Also a prudential standing requirement.

Other Congressional Powers

Power over: bankruptcies, maritime matters, coining of money, fixing of weights and measures, and patents and copyrights. Power of the District of Columbia

Treaties

President has the exclusive power to negotiate treaties, although a treaty may only be ratified with the concurrence of two-thirds of the Senate.

Executive Power

President has the power to enforce the law, but not make it. Prosecutorial Discretion is included.

Appointment Power

President, with the advice and consent of the Senate, to appoint all "officers of the United States," including ambassadors and Justices of the Supreme Court.

Uniformity (taxing and spending)

Req for uniformity has been interpreted to mean geographical uniformity; i.e. the product or activity at issue must be identically taxed in every state in which it is found. IDifferences in state law do not destroy this uniformity. Ex:(federal estate tax on "community property" valid despite variation in state laws regarding marital property).

Ratified treaty

Requires 2/3 of Senate to be ratified "the supreme law of the land," so long as it does not conflict with any provision of the Constitution, and it takes precedence over any inconsistent state law. A treaty has the same authority as an act of Congress; should the two conflict, the one most recently adopted controls. Note that a non-self-executing treaty (one that requires legislation in order to implement its provisions) does not have the same force of law as an act of Congress until legislation is passed effectuating the treaty; the treaty serves as an independent source of authority for Congress to legislate, separate from its enumerated powers. The Constitution is superior to a treaty, and any conflict is resolved in favor of the Constitution.

Adequate and Independent State Grounds

Rule: The Supreme Court can review a state court judgment only if it turned on federal grounds. The court has no jurisdiction if the judgment below rested on an adequate and independent state ground. Adequate: the state ground must control the decision no matter how a federal issue is decided. When the federal claimant (the party claiming a federal right) wins anyway under state law. Independent: The state law does not depend on an interpretation of federal law. No AISG if state law adopts or follows federal law. When a state court decision is unclear as to whether it rests on federal grounds or state grounds, the Supreme Court can review the federal issue. If the Supreme Court agrees with the state court's decision of federal law, it affirms the decision. If the Supreme Court disagrees with the state court's understanding of the federal issue, it remands the case to state court, so that the state court can reconsider state law.

Prosecutor Immunity

Similar to judicial immunity- for civil liability for damages resulting from judicial acts including grave procedural errors and acts done maliciously or in excess of authority unless there is a clear absence of all jurisdiction. Court officers who perform ministerial duties, such as court reporters, are entitled only to qualified, not absolute, immunity.

15th amendment- voting

The Fifteenth Amendment prohibits both the state and federal governments from denying any citizen the right to vote on the basis of race, color, or previous condition of servitude. The courts have interpreted the right to vote to include the right to have that vote meaningfully counted.

14th Amendment- Equal Protection And Due Process

The Fourteenth Amendment, Section 5 Enabling Clause permits Congress to pass legislation to enforce the equal protection and due process rights guaranteed by the amendment, but not to expand those rights or create new ones. Must be "congruence and proportionality" between the injury to be prevented and remedied and the means adopted to achieve that end.

National Guard

The President has the authority to order units of the National Guard into federal service without the consent of the governor of the respective state. No requirement for national emergency

Executive Agreements

The President has the power to enter into executive agreements with foreign nations (e.g., reciprocal trade agreements) that do not require the approval of two-thirds of the Senate. Executive agreements may be made pursuant to prior (or subsequent) congressional authorization or pursuant to the President's authority over foreign affairs.

Line Item Veto

The President may not exercise a "line item" veto, refusing part of a bill and approving the rest, because it violates the Presentment Clause.

Commander In Chief

The President may take military action without a declaration of war in the case of actual hostilities against the United States.

Speech Or Debate Clause: State Legislators

The Speech or Debate Clause does not apply to state legislators, but under the principles of federalism, state legislators are immune from liability for actions within the sphere of legitimate legislative activity

Commerce Clause Construed Broadly

The Supreme Court has upheld acts of Congress seeking to prohibit or restrict the entry of persons, products, and services into the stream of interstate commerce, as well as acts regulating the interstate movement of kidnap victims, stolen vehicles, and telephone transmissions. Limit: Congress cannot mandate that individuals engage in commercial activities.

Declaratory Judgments

The courts are not prohibited from issuing declaratory judgments, however, that determine the legal effect of proposed conduct without awarding damages or injunctive relief. The challenged action must pose a real and immediate danger to a party's interests for there to be an actual dispute (as opposed to a hypothetical one).

Taxation Plenary Power

The government has no burden to prove that the tax is necessary to any compelling governmental interest. General Welfare Clause has been interpreted as permitting Congress to exercise its power to tax AND SPEND for any public purpose. While the General Welfare Clause gives Congress broad power in exercising its spending and taxing powers, it does not give Congress the specific power to legislate for the public welfare in general. Such "police power" is reserved for the states.

Marbury v. Madison

The judiciary has the power to review an act of another branch of the federal government and to declare that act unconstitutional.

non-economic activity, interstate commerce

The non-economic activity must have a substantial economic effect on interstate commerce. (requiring individuals not engaged in commercial activities to buy unwanted health insurance could not be sustained as a regulation of interstate commerce); (federal civil remedy for victims of gender-motivated violence held invalid); (federal statute regulating possession of a firearm within 1,000 feet of a public school struck down).

Spending Power

The spending power has been interpreted very broadly. Congress has the power to spend for the "general welfare"—i.e., any public purpose—not just to pursue its other enumerated powers. For example, Congress can provide for the public funding of presidential nominating conventions as well as election campaigns. Congress cannot impose unconstitutional conditions that turn pressure into compulsion, such as requiring distribution of the Ten Commandments to patients as a condition of Medicaid funding.

Elections Clause

The times, places and manner of holding elections for Senators and Representatives shall be prescribed by each state legislature, but Congress may make or alter such regulations." The Elections Clause explicitly empowers Congress to override state laws concerning federal elections.

Limitation Of Speech Or Debate Clause

This protection does not foreclose prosecution for a crime, including the taking of bribes, when the crime does not require proof of legislative acts or inquiring into the motive behind those acts. This protection also does not apply to speeches made outside Congress, or the "republication (i.e., repeating) of a defamatory statement originally made in Congress.

T/F: When a state court decision is unclear as to whether it rests on federal or state grounds, the U.S. Supreme Court may review the federal issue.

True

Judicial Limitation of Congressional Power

Under SOP, Congress may not reinstate the right to bring a legal action after the SC has definitely rejected that right.

tax payer injury

Usually, a taxpayer does not have standing to file a federal lawsuit simply because the taxpayer believes that the government has allocated funds in an improper way. Gov't expenditures do not directly affect your rights. Taxpayer DOES have standing when he challenges governmental expenditures as violating the Establishment Clause. This exception does not apply to the transfer of property to a religious organization by Congress under the Property Power nor to expenditures made by the President to religious organizations from monies appropriated by Congress to the President's general discretionary fund

interstate commerce aggregate

With respect to an intrastate activity that does not have a direct economic impact on interstate commerce, such as growing crops for personal consumption, as long as there is a rational basis for concluding that the "total incidence" of the activity in the aggregate substantially affects interstate commerce, Congress may regulate even a minute amount of that total. Gonzales v. Raich, 545 U.S. 1 (2005) (prohibition on personal cultivation and use of medical marijuana upheld due to effect on overall interstate trade). The practical effect of this rule is that with regard to economic activity, a substantial economic effect is presumed.

Prudential standing principle

an injury that is shared by all or a large class of citizens (i.e., a generalized grievance) is not sufficiently individualized to give the plaintiff standing.

Capable Of Repetition, Yet Evading Review Exception To Mootness

capable of repetition, yet evading review A case will not be dismissed as moot if the controversy is a type that may often recur ("capable of repetition") but that will not last long enough to work its way through the judicial system ("yet evading review"). The most cited example of this exception is Roe v. Wade, 410 U.S. 113 (1973), when the state argued that the case was moot because the plaintiff, who was challenging a Texas statute forbidding abortion, was no longer pregnant by the time the case reached the Supreme Court. Because of the relatively short human gestation period (compared to a lawsuit), abortion litigation was readily capable of being repeated, but also likely to evade review, and the case was not dismissed as moot.

Intelligible Principle

delegation of some of Congress's authority to the executive branch has consistently been held constitutional, so long as Congress specifies an "intelligible principle" to guide the delegate. Almost any legislative delegation passes the "intelligible standards" requirement, so even broadly phrased standards have been upheld.

Congress limits the President's military activities through

exercise of its military appropriation (i.e., funding) power. The questions of whether and to what extent the President may deploy troops overseas without congressional approval is unsettled; presidents routinely do so, and Congress routinely asserts its authority to approve the deployment. The courts have generally left the question to the political branches.

Congress may not shield appointees from removal by the President by

imposing a multi-tiered system in which persons at each level may be removed from office only for good cause.

necessary and proper not a free standing power of congress

it is only an add on - never choose it by itself

president power can be controlled by

legislation

Immunities and Privileges: Legislative--> speech or debate clause

protects members of Congress from civil and criminal liability for statements and conduct made IN THE REGULAR COURSE OF THE LEGISLATIVE PROCESS, *including a speech given on the floor of Congress, committee hearings, and reports. The activities of congressional aides are also protected if a legislator performing the same acts would be immune.

congress can use ______ to accomplish things it could not control under direct application of the commerce clause

spending power Although there are areas in which Congress cannot directly regulate, it can use its spending power to accomplish such regulation indirectly by conditioning federal funding. See South Dakota v. Dole, 483 U.S. 203 (1987) (statute upheld withholding federal highway funds from states unless they barred the sale of alcoholic beverages to individuals under the age of 21).

In the exercise of Fourteenth Amendment powers, Congress can override

the Eleventh Amendment immunity of states.

if the president does not sign a bill within the 10 day period

the bill becomes law without the President's signature. If Congress has adjourned during that time, however, the bill does not become law, because the President could not have returned it to its originating house. The President's failure to act on a bill in this situation is known as the "pocket veto" and cannot be overridden.

If you see the word "appropriation" on the exam

the power to tax and spend is likely a consideration.

Congress may override the veto and enact the bill into law by

two-thirds vote in each house.

Presidential Power (Admin Law)

when the president acts with the express or implied authorization of congress presidential authority is at its highest, and the action is strongly presumed to be valid when the president acts when Congress has not spoken presidential authority is diminished, and the action is invalid if it interferes with the operations or power of another branch of government when the president acts when Congress has spoken to the contrary presidential authority is "at its lowest ebb," and the action is likely invalid.

Congress may override state government action that infringes upon Fourteenth Amendment rights, but it may not under this amendment regulate

wholly private conduct.