11th Amendment
You cannot sue a state for state damages in either state or federal court unless the state consents or the U.S. Congress expressly says so to enforce 14th Amendment rights.
13th Amendment
Abolishes slavery, and involuntary servitude, except as punishment for a crime.
Congress has broad power to legislate against racial discrimination, whether public or private.
14th Amendment
contains the Privileges or Immunities Clause, the Due Process Clause, the Equal Protection Clause.
15th Amendment
Prohibits the denial of the right to vote based on race, color, or previous condition of servitude.
SCOTUS original JX under Con
cases affecting ambassadors, ministers and consuls, and also in those controversies which are subject to federal judicial power because at least one state is a party
Limitations on the Supreme Court’s appellate jurisdiction
Congress can make exceptions to the Court’s appellate jurisdiction. In other words, Congress can effectively control the Supreme Court’s docket (its appellate jurisdiction) by legislating exceptions to its appellate jurisdiction.
Is “necessary and proper clause” an answer on the MBE?
Almost never. works in conjunction w/ other clauses (i.e. power to carry out other duties)
Power under Commerce Clause
Congress can regulate:
- The channels of interstate commerce (highways, seaways, airways, etc.);
- The instrumentalities of interstate commerce (cars, trucks, ships, railroads, etc.); and
- Intrastate [and interstate] activity (economic or commercial) that has a substantial effect on interstate commerce. (judge in aggregate)
Taxing and Spending Power
- tax must be rationally related to raising revenue
- tax must be proportional to population (i.e. no property tax)
- can spend for the general welfare
Anti-Commandeering
Congress cannot force states to adopt or enforce regulatory programs. It cannot commandeer state and local officers to carry out federal programs.
Pardon Power
The President can pardon or commute punishment for all FEDERAL offenses. (Governors have a similar power for state crimes.) This power cannot be limited by Congress.
Hierarchy of Laws (treaties, fed, state)
(1) Fed Law / Treaties (need 2/3 Senate approval)
(2) Executive Agreements (presidential negotiations not submitted for approval by the Senate)
(3) State Law
Congressional approval of Presidential Spending
- If a statute gives the President discretion to spend or withhold funds, he may do so.
- But, when a statute unambiguously requires that funds be spent, the President cannot refuse to do so. There is no power to “impound” funds.
Legislative Veto
Happens when Congress passes a law reserving to itself the right to disapprove future executive actions by simple resolution - UNCONSTITUTIONAL
Presidential Immunity
(1) Has absolute immunity for official acts
(2) Has no immunity for acts done prior to taking office
(3) Has an executive privilege not to reveal confidential communications with presidential advisers, (but can be trumped by a specifically demonstrated need in a criminal prosecution (e.g. Nixon))
Judicial Immunity
Judges have absolute immunity for all judicial acts, but may be liable for non-judicial activities.
Congressional Immunity
- U.S. Senators and Representatives (not state legislators) are protected by the “Speech or Debate Clause.
- Senators and Congressmen and their aides cannot be prosecuted or punished in relation to their official acts.
- The official acts of a federal legislator cannot be introduced into evidence. (even for bribery charge)
19th Amendment
Prohibits the denial of the right to vote based on sex.
21st Amendmet
Repeals the 18th Amendment and gives the States the power to prohibit or regulate the transportation or importation of alcohol for delivery or use.
Intergovernmental Immunity (state vs. fed; tax and other liability)
- The federal government is generally immune from direct state regulation or taxation. However, states can tax indirectly, such as taxing the income of federal employees.
- States are not immune from direct federal regulation (for example: pollution regulations, employment laws, etc.).
- State laws cannot shield state officers from federal liability.
Privileges and Immunities of State Citizenship under Article IV (Comity Clause)
Forbids serious discrimination against out-of-state individuals, absent substantial justification.
Does not protect out-of-state corporations.
Dormant Commerce Clause (+ exceptions)
In absence of fed regulation, state regulation is OK so long as…
1) There is no discrimination against out-of-state interests
2) The regulation does not unduly burden interstate commerce; and
3) The regulation does not apply to wholly extraterritorial activity.
Exceptions:
- state as market participant can choose not to deal w/o out of state
- Subsidies—A state can always choose to subsidize only its own citizens (for example, welfare benefits or in-state college tuition)
- congressional approval
State taxation of interstate commerce
Non-discriminatory taxation is valid if the following two requirements are met:
1) Must be a substantial nexus between the taxing state
and the property or activity to be taxed
2) Must be a fair apportionment of tax liability among states
Interstate Compacts
States can make interstate compacts, but if the compact affects federal rights, Congress must approve.
