Constitution Justiciability Commerce Clause Constitutional Limits on State Authority Landmark Supreme Court Cases
100
What is Article 1
Defines the Structure and Power of the Legislature
100
What is Ripe
a Plaintiff needs to suffer harm or immediate threat of harm for their case to be ____.
100
What is Gibbons v. Ogden
This Supreme Court Case established Congress regulates Commerce and therefore a federal licensure trumped a state injunction.
100
What is Preemption
Four specific types of ____ are express, implied, conflict, and field.
100
What is National Federation v. Sebelius
In this recent Supreme Court case, C.J. Roberts surprised everyone in holding the shared responsibility mandate of the ACA was constitutionally permissible because it was in fact a tax and not a penalty.
200
What is the Supremacy Clause found in Article 6, Section 2
This Constitution, and the Laws of the Untied States which shall be made in pursuance thereof; and all Treaties made, or which shall be made under the authority of the United States, shall be the Supreme Law of the Land; and the judges in every State shall be bound thereby, and Thing in the Constitution of Laws of any State to the contrary notwithstanding.
200
What is Political Question.
In Baker v. Carr, the Court said when the Constitution explicitly stated the power to a branch other than the judicial or it is beyond the Court's enforcing capabilities, it is this ________.
200
What is Affectation Doctrine
This concept holds that any intrastate activity that substantially effect Interstate commerce is within Congress regulatory power
200
What is Dormant Commerce Clause
This doctrine was formed to address a problem, in which states were involved in petty economic warfare by putting tariffs on goods from other states
200
What is Adding the Jurisdictional Nexus language
In US v. Lopez, Congress was able to overcome the Court's holding that carrying a gun is not within the realm of Commerce even when aggregated by
300
What is Originalism
A mode of interpretation that enforces the meaning of the Constitution at the time of ratification and preserves the super-majoritarian expression of popular sovereignty embodied in ratification.
300
What is Standing
You need (i) injury, (ii) causation & redressability, and (iii) no generalized grievances to have this
300
What is the principle in which Congress can regulate in state activity when individually or aggregated alongside similar activity all over the country substantially affects interstate commerce
The Aggregation Principle in Wickard v. Fillburn
300
What is An undue burden on interstate commerce.
In the Supreme Court Case, Pike v. Bruce Church, the Court held where a statute is nondiscriminatory and a statute isn't designed to discriminate against interstate commerce, will be upheld unless statute poses ___________________.
300
What is US v. Kahriger
In this Supreme Court case, the Court held any revenue creates the presumption that the tax is valid as long as it does not conflict with any other Constitutional amendment
400
What is Dead-hand problem
the concept that the men who wrote and ratified the Constitution to govern them over 200 years ago should also be able to reach into the future, and tells us how to live our lives.
400
What is Allen v. Wright
In this Supreme Court case, the Court ruled that the class action litigants didn't have standing because they could not prove prudential standing nor constitutional standing in their suit against the IRS for giving tax exemption to a school.
400
What is the Necessary and Proper Clause
This clause amplifies Commerce Clause, but also gives Congress broad independent authority on goods that travel on interstate commerce and noneconomic in state activity
400
What is Market Participant Exception.
This exception to the Dormant Commerce Clause makes it constitutionally permissible for a state owned cement plant to do only business in SD.
400
What is Defunis v. Odegaard
In this Supreme Court case, the Court found the petitioner's case was moot because he was going to receive his law degree irrespective of the Court decision.
500
What is Article 1, Section 10
This section of the Constitution denies certain powers to States
500
What is Muskrat v. US
This Supreme Court case established the requirement of "case and controversy" to be entitled to relief because the Court does not give advisory opinions.
500
What is Darby, Heart of Atlanta Motel
These two Supreme Court cases established that Congress can regulate Channels of Interstate Commerce
500
What is Wilson v. Black-bird Creek Co.
C.J. Marshall coined the phrase "Dormant Commerce Clause" in this supreme court case.
500
What is Marbury v. Madison
In this Supreme Court Case, the Court held Congress may not expand, but they can restrict the jurisdiction of federal courts pursuant to Article 3, Section 2






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