TOPICS - 17
Judicial Review
SCOTUS Review of States
Justiciability (Standing, Mootness, Ripeness, Political Question)
Scope of Nat’l Power
Commerce Clause
Taxing
Spending
Property
War & Treaty
State Sovereignty
11th Am
Dormant Commerce Clause
Privilege & Immunities
Preemption
Presidential Power
Presidential Immunities
Incorporation
SCOTUS Review of States
Justiciability (Standing, Mootness, Ripeness, Political Question)
Scope of Nat’l Power
Commerce Clause
Taxing
Spending
Property
War & Treaty
State Sovereignty
11th Am
Dormant Commerce Clause
Privilege & Immunities
Preemption
Presidential Power
Presidential Immunities
Incorporation
Dormant CC - 11
Complete Auto Transit
New Energy Co. of IN
Transportation cases
Cattle Cases
Milk Cases (Deans, Clover Leaf, West Lynn)
Philly v. NJ
Reeves v. Stake (market participant)
White v. Mass.
Alaska Timber
Lewis v. BT
CTS Corp
New Energy Co. of IN
Transportation cases
Cattle Cases
Milk Cases (Deans, Clover Leaf, West Lynn)
Philly v. NJ
Reeves v. Stake (market participant)
White v. Mass.
Alaska Timber
Lewis v. BT
CTS Corp
Justiciability - 14
Standing
Warth v. Selden
Locomotive Engineers
Lujan
Craig v. Boren
Taxpayer Standing
Raines v. Byrd
Linda R.S.
Political Question
Powell
Judge Nixon
Goldwater v. Carter
Mootness
DeFunis
Ripeness
Mitchell
Poe v. Ullman
City of LA v. Lyons
Warth v. Selden
Locomotive Engineers
Lujan
Craig v. Boren
Taxpayer Standing
Raines v. Byrd
Linda R.S.
Political Question
Powell
Judge Nixon
Goldwater v. Carter
Mootness
DeFunis
Ripeness
Mitchell
Poe v. Ullman
City of LA v. Lyons
Solum Lecture - Ways of reading the K
i.Ambiguity (lots of meanings) v. vagueness (drawing the line)
ii.Living K’stalist construction of meaning (filling in vague blanks) vs. originalist fixation/constraint (K has meaning fixed in time, if can’t figure out what it is, constrained by what you DO know)
iii.Compatiblism – using Living K’stalism for vague spots, using originalism for ambiguity
ii.Living K’stalist construction of meaning (filling in vague blanks) vs. originalist fixation/constraint (K has meaning fixed in time, if can’t figure out what it is, constrained by what you DO know)
iii.Compatiblism – using Living K’stalism for vague spots, using originalism for ambiguity
Justiciability
Case or Controversy
Standing
(1) injury (2) causation (3) redressability
Mootness (capable of repetition yet evading review)
Ripeness
Political Question
Standing
(1) injury (2) causation (3) redressability
Mootness (capable of repetition yet evading review)
Ripeness
Political Question
Commerce Clause
Uniform Law Required?
Local better suited?
Case by Case Review, no list
ALSO
(1) Channels (2) Instrumentalities (3) Subst. Relation – for noneconomic, this also requires (a) protect i-s-c, (b) rat’l rel that regulated act has subst. affect on i-s-c, (c) rat’l basis that Congress’s regulation substantially affects i-s-c, (d) doesn’t obliterate fed and local distinction
Local better suited?
Case by Case Review, no list
ALSO
(1) Channels (2) Instrumentalities (3) Subst. Relation – for noneconomic, this also requires (a) protect i-s-c, (b) rat’l rel that regulated act has subst. affect on i-s-c, (c) rat’l basis that Congress’s regulation substantially affects i-s-c, (d) doesn’t obliterate fed and local distinction
Spending Power
Conditional funding = general welfare, unambiguous, related to fed interest
Gen Welfare not limited by enumerated powers
Gen Welfare not limited by enumerated powers
State Sovereignty
States as states, indisputably state, impairs trad’l govt fxns
Severability
Severability
Dormant Commerce Clause
silent corollary of I(8) + I(10) + Supremacy
Text, Purpose, Effects
If effects – balance? Other alternatives?
Market Participant
Strict Scrutiny
Text, Purpose, Effects
If effects – balance? Other alternatives?
Market Participant
Strict Scrutiny
Burden v. Discrimination
can have burden on o-s-c and corresponding burden on i-s-c, thus no discrimination
P&I
basic to livelihood of nation
won’t invalidate if closely related to substantial state interest
21st Am.
middle scale of scrutiny
won’t invalidate if closely related to substantial state interest
21st Am.
middle scale of scrutiny
Presidential Power
Jackson concurrence ZONES:
1 - united front
2 - zone of twilight
3 - butting heads
Fox guard headhouse
1 - united front
2 - zone of twilight
3 - butting heads
Fox guard headhouse
Connections
1.Think of Marbury + Chadha – judicial limits itself in Marbury, judicial limits legis in Chadha
2.Think of McCardle + Klein + Boumediene – same thing happens – as something works its way through system, Congress is working to strip ct of jdxn
2.Think of McCardle + Klein + Boumediene – same thing happens – as something works its way through system, Congress is working to strip ct of jdxn
Kartensatzinfo:
Autor: stgillian
Oberthema: Law
Thema: Constitutional Law
Veröffentlicht: 02.05.2010
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