Front
Marbury v. Madison
Back
Established Judicial Review
The Supreme Court has the authority to declare acts of Congress unconstitutional.
Public Deck
Bar Exam - Constitutional Law - 50 Key Topics
Prepare for the Bar Exam with 50 Constitutional Law flashcards covering federal power, individual rights, and key doctrines.
AnyFlashcards50 cards
Preview
Front
Standing: Three Requirements
Back
Injury in fact, Causation, and Redressability
Plaintiff must have a concrete stake in the outcome of the controversy.
Front
Ripeness
Back
Pre-enforcement review is generally prohibited
The court avoids premature adjudication unless there is hardship and fitness of the issues.
Front
Mootness
Back
A live controversy must exist at all stages of review
Exceptions: Capable of repetition yet evading review, or voluntary cessation.
Front
Political Question Doctrine
Back
Issues constitutionally committed to another branch or lacking manageable standards
Examples: Foreign policy, impeachment, or partisan gerrymandering.
Front
Commerce Clause: Three Categories (Lopez)
Back
Channels, Instrumentalities, and Substantial Effect
Congress may regulate activities that, in the aggregate, substantially affect interstate commerce.
Front
Taxing Power Standard
Back
Rational basis to believe it is for the general welfare
A tax is valid if it raises some revenue or is intended to regulate behavior.
Front
Spending Power: South Dakota v. Dole
Back
Conditions must be unambiguous and related to the federal interest
Congress may condition grants to states if not unduly coercive.
Front
Necessary and Proper Clause
Back
Grants Congress power to execute other enumerated powers
Must be used in conjunction with another federal power; not a standalone power.
Front
Eleventh Amendment
Back
Prohibits private individuals from suing states in federal court
Does not bar suits against local governments or state officials for injunctive relief.
+ 40 more cards
Related Flashcard Decks
Ready to study?
Sign up for free to copy this deck and start learning with spaced repetition.
Get started for free