Constitutional Law Flashcards

Under modern Commerce Clause doctrine after Lopez and Morrison, Congress may regulate which of the following?

Answer: The channels of interstate commerce

After Lopez, Congress retains power to regulate the channels of interstate commerce, the instrumentalities of interstate commerce, and activities that substantially affect interstate commerce.

The Non-Delegation Doctrine requires that when Congress delegates legislative power to an executive agency, it must provide:

Answer: An intelligible principle to guide the agency's discretion

Under the non-delegation doctrine, Congress must provide an 'intelligible principle' to guide the agency's exercise of delegated authority, though courts have rarely struck down laws for failing this standard.

The Presentment Clause requires that legislation passed by both Houses of Congress be presented to the President. The Supreme Court struck down the legislative veto in which case?

Answer: INS v. Chadha

INS v. Chadha held that the legislative veto violated the Presentment Clause and bicameralism because it allowed Congress to take legislative action without going through the full Article I lawmaking process.

In Youngstown Sheet & Tube Co. v. Sawyer, Justice Jackson's concurrence created a tripartite framework for evaluating presidential power. In which zone does presidential power reach its lowest ebb?

Answer: When the President acts in defiance of the expressed or implied will of Congress

In Zone 3 of Jackson's framework, when the President acts contrary to Congress's will, presidential power is at its lowest because the executive can only rely on his own constitutional powers minus Congress's constitutional powers.

The Tenth Amendment reserves powers not delegated to the federal government to the states or the people. Under New York v. United States, the federal government may NOT:

Answer: Commandeer state legislatures to enact and enforce federal regulatory programs

New York v. United States held that the federal government cannot commandeer state legislative processes by requiring states to enact particular laws or regulatory programs.

Which clause prevents states from enacting laws that discriminate against or unduly burden interstate commerce, even absent congressional action?

Answer: The Dormant Commerce Clause

The Dormant (or Negative) Commerce Clause is the implied limit on state power to interfere with interstate commerce, derived from the affirmative grant of commerce power to Congress.

Executive privilege protects presidential communications from compelled disclosure. Under United States v. Nixon, executive privilege:

Answer: Is a qualified privilege that must yield to a demonstrated specific need for evidence in a criminal trial

United States v. Nixon recognized a qualified executive privilege for presidential communications but held it must yield to a specific demonstrated need for evidence in a pending criminal proceeding.