Constitutional Law Outline (09.07) - Part 2

They bring enforcement actions against those who violate federal laws and regulations.

An 'intelligible principle' on which to base their regulations.

Immunity from suit.

Military, foreign affairs, and national security matters.

Only those powers granted expressly or implicitly by a statute or by the Constitution.

When federal law expressly prohibits state regulation in a specific area.

Gibbons v. Ogden.

Even if discriminatory state laws do not violate the Dormant Commerce Clause, they may still violate the Equal Protection Clause.

Action is presumptively valid.

If the President does nothing for 10 days while Congress is in session, the bill becomes law; if not in session, it is vetoed.

The president’s generalized interest in confidentiality is outweighed by the Court’s need for evidence in a criminal case.

Injunctive Relief.

The power to regulate and tax the states.

A state may discriminate against interstate commerce when buying or selling goods or services in the market.

When Congress evidences an intent to occupy a given field, preempting state law.

No, they cannot; they can sue under the Dormant Commerce Clause.

The constitutionality of a unilateral action by the President to rescind a treaty without Senate involvement is a non-justiciable political question.

Check if the state/local law conflicts with federal law; if yes, refer to the supremacy clause.

It addresses the issue of excessive burden on interstate commerce.

To receive candid advice and protect national security.

Federal law is the supreme law of the land.

They address issues of presidential immunity and accountability.

Legislation must be entirely approved or entirely rejected by the President.

A meaningful opportunity to contest the factual basis for their detention before a neutral decision-maker.

Action is likely invalid.

Yes, without congressional approval.

The Court must defer to the judgment of the state legislature in holding the regulation constitutional.

The authority to promulgate rules that have the force of law.

The principle that branches of government cannot authorize another entity to exercise powers it is constitutionally authorized to exercise itself.

The US may exercise not only the powers expressly granted by the Constitution but also other foreign affairs powers enjoyed by all sovereigns.

The power to decide which foreign powers to recognize as legitimate.

Congressional approval does not excuse a law that violates the Privileges and Immunities Clause but may excuse a violation under the Dormant Commerce Clause.

The law is subject to strict review and is virtually pro se unconstitutional.

The Supreme Court applies a more lenient standard when a state law favors local government entities performing traditional government functions.

Absolute immunity.

Facial discrimination occurs when the language of the laws explicitly favors in-staters over out-of-staters.

When it discriminates against out-of-staters without a substantial reason for different treatment.

Administrative law judges.

The separation of powers by assigning legislative authority to Congress, executive authority to the President, and judicial authority to the Supreme Court.

The President can settle judicial claims through an executive order if necessary for foreign policy and with Congressional acquiescence.

A generalized interest in confidentiality is insufficient to overcome the judicial interest in relevant evidence in a criminal case.

Yes, Congress may consent to such laws in legislation enacted under its power to regulate interstate commerce.

The law will be invalid.

The power to grant reprieves and pardons for offenses against the US, except in cases of impeachment.

If a state acts as a market participant rather than a regulator, the Dormant Commerce Clause does not apply.

A state law that heavily burdens interstate commerce while only marginally furthering a state health and safety purpose is unconstitutional.

A discriminatory law regulating recreational activity does not violate the Privileges and Immunities Act.

All powers of government: legislative, executive, and judicial.

Powers not delegated to the federal government by the Constitution.

Fundamental concerns of due process and justice.

1. Discrimination against out-of-staters regarding privileges and immunities; 2) Fundamental rights and important economic activities.

Absolute immunity from civil liability for official acts taken while in office.

Strongest when acting with express consent of Congress, medium when Congress is silent, and weakest when acting in disagreement with Congress.

Sign and approve, veto and send back to Congress, or do nothing (with specific outcomes based on Congress's session status).

The power to take certain military actions.

It will be held invalid if there are less-discriminatory means for the state legislature to achieve its objective.

The President has no immunity in civil suits for damages caused by unofficial acts.

Such laws are subject to the strictest scrutiny and are virtually per se invalid.

Yes, it applies to municipal ordinances that discriminate based on municipal residence.

Consent and Congressional Authorization (14th Amendment Enforcement Power).

Yes, states are immune from suit by their nature as sovereign entities.

Powers expressly limited to the federal government, such as treaty power and coinage power.

State law is preempted to the extent it conflicts with federal law if Congress has not entirely displaced state regulation.

A state law affecting interstate commerce is invalid in certain situations, such as when national uniformity is necessary or when it discriminates against interstate commerce.

Protecting health and safety and conserving natural resources, but not protecting local businesses from competition.

It evaluates whether there is a substantial reason for discrimination and whether there is a reasonable relationship between the degree of discrimination and the harm sought to be averted.

The Constitution does not grant the President immunity from suit for actions allegedly occurring prior to assuming office.

Discrimination against out-of-state residents or citizens.

The President has a qualified privilege to keep confidential communications with executive powers.

It gives the President the authority to amend bills, a power that belongs to Congress.

It established that the President may not engage in lawmaking absent express authorization from Congress or the Constitution.

Presidents have claimed the authority to keep certain communications secret throughout American history.

If it does not interfere with another branch.

To determine if a nondiscriminatory state/local law imposes an incidental burden on interstate commerce.

The President is entitled to absolute immunity from civil suits for damages based on actions taken in his official capacity.

Supreme Court of New Hampshire v. Piper.

The Privileges and Immunities Clause addresses discrimination against out-of-staters, while the Dormant Commerce Clause can challenge laws burdening interstate commerce regardless of discrimination.

It assesses whether a state law that affects interstate commerce is upheld unless the burden on commerce is clearly excessive compared to local benefits.

No, there is no Market Participant Exception.

The power to appoint ambassadors, judges of the Supreme Court, and other offices with Senate advice and consent.

In the absence of definitive congressional regulation, federal rules apply to businesses requiring uniformity among states, while local peculiarities are governed by state legislative decisions.

Fundamental and Constitutional Rights, and Important Economic Activities (e.g., the right to work).

1. The law fails to effectuate a legitimate local public interest; OR 2. The burden imposed on interstate commerce is clearly excessive in relation to the putative local benefits.

Yes, it survives the term.

1. Prevent economic isolation and protectionism; 2. Citizens are harmed by actions in states where they have no political representation; 3. Congress cannot address all state actions that burden interstate commerce.

It applies if damages were caused while performing discretionary acts.

A state may not discriminate against other states’ articles of commerce on the basis of origin.

The judiciary may balance the relative burden on interests and strike down state laws that place a greater burden on interstate economic interests.

If a state imposes burdens on commerce within a market in which it is a participant, but those burdens have a substantial regulatory effect outside that market, they are per se invalid under the Commerce Clause.