STUVIA 2024/2025
Con Law I
- a method of controlling the power of interest groups by encouraging their growth so that no single
interest might ever be powerful enough to control the gov't. - ✔✔"multiplicity of interests"
- there is a presumption against preemption
- congressional intent controls; this is a matter of statutory construction. - ✔✔two general preemption
principles
-categories of federal jx (federal q, diversity)
-case or controversy requirement - ✔✔two constitutional limitations of federal court jx
-multimember expert agencies that do not wield substantial executive power.
-inferior officers with limited duties and no policy making or administrative autonomy. - ✔✔What are
the two types of offices that may have tenure protection?
-prez's pardon power
%
-maybe diplomatic communications: suggested in Iran-Contra opinion when they say the Prez could
still encourage other countries to support the Contras.
-maybe White House personnel? but that case never became ripe. - ✔✔What may Congress not
control through the power of the purse? [ie. what powers exclusively belong to the other branches?]
"feasibility" -- framework from Congress/some guidance from the legislature. - ✔✔what is the guiding
intelligible principle?
(1) bicameralism
(2) presentment to the president
(3) veto provisions - ✔✔How does a bill become a law? (3)
(1) serves a valid legislative purpose; and
(2) subject was one on which legislation could be had and would be materially aided by the
information. - ✔✔standard for a valid legislative subpoena (mazars)
(PCAOB)
The SEC needed cause to fire members of the board, and the President needed cause to fire the
SEC. - ✔✔double layer tenure protection
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[dole]
1. advances general welfare;
2. unambiguous condition (state has notice that acceptance would be conditioned);
3. condition is related to a federal interest/germane to the program;
4. not independently unconstitutional;
5. also, cannot be coercive (gun-to-head). - ✔✔if congress cannot enact a law itself, it can give
states money to enact them, so long as (5)
[noel canning]
yes, majority looks to practice -->absurd results that would happen if the vacancy happened only one
day before a recess and the President could not fill it. - ✔✔does a preexisiting vacancy "happen"
during the recess?
[noel canning]
Yes, recesses taken in the middle of a single session do count.
-functional: exec is always operating, need continuity
-practical: before civil war, congress took these breaks a lot and Prez used recess power. - ✔✔do
intra session recess appointments count?
[rare]
%
the Federal law has taken over the entire field of regulation and states cannot do anything in that
area.
ex. nuclear power safety - ✔✔field preemption
[Rucho]
actually, there is a standard for the courts to manage, we should look to
(1) predominate purpose in gerrymandering;
(2) substantial dilute of "out" party;
(3) non-partisan justifications. - ✔✔Kagan dissent on gerrymandering
[walter nixon v. us]
(a) textual commitment to coordinated political department; and
(b) lack of a judicially manageable standard. - ✔✔to determine whether a case is asking a political q,
look to (2)
*energy, unity, duration. - ✔✔main characteristics of a good executive (fed no 70)
= language in the statute connecting the statute to interstate commerce. - ✔✔jurisdictional element
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