CONSTITUTIONAL LAW CHART 11 An approach to constitutional law questions Ask: Who is the actor in the question? Congress The issue is either or both 1) Does Congress have the authority to act? (outline, esp. § II) and/or 2) Has Congress violated a limit on its power? (outline, esp. §§ VI, VII, VIII) President or Federal executive branch The issue is either or both 1) Has the President/Executive branch exceeded the scope of executive powers? (outline, esp. § III) and/or 2) Has the President/Executive branch violated a limit on government power? (outline, esp. §§ VI, VII, VIII) Federal Courts The issue is: Does the federal court have the authority to hear the case? (outline, esp. § I) State/local government The issue is: Has the state/local government violated a limit on its power? (outline, esp. §§ IV, VI, VII, VIII) Private (non-government actor) The issues are: 1) Is there state action? (outline § V) and, if so, 2) Does it violate the Constitution? (outline, esp. §§ VI, VII, VIII)