420 final all rules

original jurisdiction can not be expanded from what is expressly in the constitution, by an act of congress, established judicial review
it is the duty of the Court to say what the law is

states are bound by federal court decisons

SC can review state court decsions

congress can take away jursisidcition from SC

the legilstaive and executive branch can not assign duties to the judicial branch outside of what is consistionally justiciable. A case or controversy must be peresent for it to be considered justacible, ongoing contorveresy between 2 adverse parties.

established the political question doctrine test
For an issue to be considered a political question it must fail the 6-part balancing test

1. A textually demostrbale consistional commitment to a coordinate poltical branch
2.Lack of justicable discoverbale and manageable standards for resolving the issue
3. Impossibility of deciding the issue without making an initial policy determination of a kind not suitbale for judicial dissection
4. A lack of respect for the other branches of government in undertaking independent resolution of the case
5. An unusual need for unquestioning adherence to a political decsion already made
6. The potenial for embarrassing different pronouncements of the issue by different branches of government

a challenge to restrictions on congressional membership set by the house of reps, is not a political question, applied carr test. Congress was keeping him from taking his dully elected position in congress for reasons not outlined in the constitution, congress could have elected to remove him once seated. Proper channels must be used.

Consistionalilty of senate impeachment proceedings is a non-justiciable political question. Consistion gives senate the sole power to try impeachments, sole is textually demonstrable commitment to the senate to try impeachments and is therefore a political question.

a challenge to the consisitionalilty of a law before it has been enforced does not make a justiciable case or controversy.

is there enough law to work with? The court can not answer hypothetical questions or if the law has not been formalized or it is unclear how it will be applied

pursuant to art 3 limitations on issues is moot if its resolution would no longer affect the litigants

prevent the injury. The possibility of the injury is the injury.

Injury in fact
Casual connection between conduct of defendant and injury

no taxpayer standing

creates exception to tax payer standing rule

The tax payer alleges a violation of sec 1 art 8 taxing and spending powers
The suit is brought on an aspect of the constitution that is a specific limitation on congress’s spending powers.

the exception to third-party standing

1. They have a significantly close relationship so as theyre rights are “inextracibialy bound up” with one another
2. The third party has a genuine obstacle to advocating their own rights, time, money, privacy.

institutional injuries are not injuries in fact, congressional standing does not exist.

interstate commerce extends to waterways

Congress can regulate intrastate commerce if it connects to interstate commerce

goods may be made in one location but are sent out across the country making it interstate commerce.

congress can not regulate manufacturing

congress can not regulate production, even if the goods are meant for interstate commerce, production is local.

congress can not regulate coal manufacturing because it is local in nature.

congress may regulate labor relations under its commerce clause power because labor relations have such a close and substantial relationship to interstate commerce

if it creates a substantial effect on interstate commerce congress has the power to regulate

congress may regulate the labor standard involved in the manufacture of goods for interstate commerce. Hammer is overturned.

congress may regulate local activity if it exerts a substantial effect on interstate commerce.

if the action when considered in conjunction if all similarly situated people did that action what effect would it have on interstate commerce

congress may regulate racial discimnation in places of public accommodation based on the negative effects it has on interstate commerce

Hotels
Restaurants
Movie theatres
Places that serve the public and affect interstate commerce

congress may regulate discriminatory policies of resturnats through title 2 of the cra of they have a substantial effect on interstate commerce

Congress can not use commerce clause power to regulate guns
Guns in schools has no substantial effect on commerce.

Channels of commerce- ships, waterways, airplanex, highways, etc
Instruments of commerce- people, things
Activities that substantially effect interstate commerce

all that is not surrendered is reatined

the fair labor standards act can not be applied to the states as it violates the 10th amendment

FLSA does apply to the states, congress has power to regulate state employers pursuant to its commerce clause power. National league of cities is overruled.

congress can not force states to have regulatory programs

congress can not compel state officials to participate in the administration of federal programs

punitive damages for nuclear incidents are not premted by federal law.

meant to punish a company for bad behvior, extremely high “tort death sentence”

a state may not regulate the working hours mutually agreed upon by employers and employees as this violates their 14 amendment right to contract freely under the due process clause.

without the presence of other consistional prohibitions, the due process clause does not prevent states from enacting economic polcies such as price regulations to further the public good as long as those policies are not unreasonable or arbitatrty.

Is it arbitrary
Is it unreasonable
Demonstartbely irrelevant

procedural due process protections apply to a persons property interest in a benefit has a legitimate claim of entitlement to the benefit and not merely an abstract need or desire for the benefit.

a state college teacher is entitled to procedural due process prior to the termination if the teacher has a property interest in continued employment

when a state seeks to terminate welfare benefits, procedural due process requires the state to require the state to provide the recipient with a pre-termination evidentiary hearing for the propose of determining the validity of discounting public assistance in order to protect the recipient against an erroneous termination of his benefits.

whether an administrative procedure meets the constitutional guarantees of the due process clause requires a consideration of 3 factors
1. the private interest at stake in the administrative action
2. The risk of an errnoueas deprivation of this interest through the procedure used and the probable value if any additional or substantive procedural 3. safeguards The government interest, including the function involved and the fiscal and administrative burdens that would be required.

Property is taken within the meaning of the 5th amendment by a direct and immediate interference with the enjoyment and use of private land that renders it unihabitbale.

5th, 14th

the goverment can not take from you with out due process or just compensastion

life, liberty, property

some procedure is due to you before the state can take life, liberty, etc

zoning regulations may be used to enhance and preserve public welfare.

the first amendment and 14A protections still apply to individuals when operating in a privately owned town if it is open to the public and used for public proposes

A private shopping mall may consistionaly exclude picketing on it’s premises even if that picketing relates to the activities of it’s tennents stores.

When a state leases public property to a private entity and forms a relationship of independence with that entity the private leese must comply with 14a prohibition on discriminatory conduct.

where a state does not significantly involve itself with discrimination by a private entity, no state action has occurred, and private entities are allowed to discriminate

NCAA is not a state actor and can violate due process

an otherwise uncocnsistional delegation of legilateive power to the executive may nevertheless be sustained on the grounds that its exclusive goal is to provide relief in a foreign conflict. Gives the president plenary powers in foreign relations.

the president may not engage in lawmaking activity absent express authorization from congress or the text of the constitution.

a treaty is valid even if it infringes on the 10a as long as it is made by the US and ratified by the senate; treaties are the supreme law of the land.

when treaties conflict, the most recent controls.

presidential agreements carry the smae weight as treaties in forgein relations matters.

the president of the united states has the authority to settle judicial claims through an executive order if the settlement of claims is necessary for the resolution of a major forgein policy dispute with another country and if congress is on board.

1. Presidential power is at maxim when working in conjunction with congress
2. Power is at minum when working in spite of congress
3. Twilight zone- when president does something and congress has been silent on the issue.

can a presdeint rescind a treaty without congress approval, PQD.