Constitution for Annotation-backup by rblovett


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Art I, §§1&7, Cl.2 Bicameralism

Art I, § 7: Veto Power “Pocket Veto” Pres gets bill, does not sign, congress adjourns within those 10 days or more, the bill does not become law and congress cannot vote on it again.

Art I, § 7, Cl. 2: Presentment Clause: Requires that legislation be presented to the Pres so he may approve or veto.

Art I, § 8: Congress’s express or enumerated powers.

Art I, § 8, Cl. 3: The Commerce Clause It gives Congress the right to regulate interstate and international commerce.

Rationale behind the Commerce Clause: To eliminate trade barriers among the states, so that a truly national economy is maintained. The Commerce Clause acts both as (1) a source of Congressional authority, and (2) As an implicit limitation on state power.

Art I, §8, Cl. 16: Congress’s power to draft people into the armed forces.

Art I, §8, Cl. 18 “Necessary and Proper Clause” Allows Congress to take any legislative action that is rationally related to the carrying out of an objective that falls within an enumerated power. (McCullough v. Maryland)

Art. I, §8, Cl. 18 Congress’s Implied Powers under the necessary and proper clause.

What constitutional provision would justify an act of Congress not explicitly enumerated in the Constitution? Article I, § 8, Clause 28 the Necessary and Proper Clause.

Art. 2, § 2, Cl. 2 Congress has 3 options in delegating the appointment of “lower federal officers” whose tasks are executive in nature. It may vest the appointment of such officers in either: The President alone; The courts of law; or The head of depts. (cabinet members)

Art. 2, § 2, Cl. 2 President has power to appoint top-level officials, but only upon the “advice and consent” (majority vote in favor) of congress. A treaty is valid if: The senate ratifies by a 2/3 margin; It deals with matters that are properly subject to negotiations with a foreign country; and The treaty does not violate any constitutional guarantees or prohibitions (like due process)

Article III § 1 Is the source of Federal Judicial Power

Under Art. III § 2 Federal Jurisd. Extends to: 1. Diversity of Citizenship 2. Federal Question 3. State v. Citizen of another state 4. U.S. is a party 5. 2 or more states 6. State/Citizen v. A foreign country or its subjects

Article III § 2, Clause 2 states what cases may be brought under the original jurisdiction of the SC. Congress cannot alter the SC’s original jurisdiction. Congress can give lower courts the right to hear the same kind of cases. Congress can also change the fed appellate jurisdiction, as long as the change is made in a neutral manner, without the intent to decide the merits of the case through a change in jurisdiction. (U.S v. Klein) Congress can regulate and limit the SC’s appellate jurisdiction (although it could not eliminate it entirely) (Ex Parte McCardle.)

A valid federal law must be rationally related to a congressional power, or necessary and proper to effectuate one of them. If congress legislates beyond its powers, it’s violating the 10th amendment.

The 11th amendment essentially forbids federal-court actions against states for money damages, based on the state’s past conduct, where the money damages will be payable from state funds Three ways around the 11th amendment to hold state governments accountable in federal court: (1) State officers may be sued in federal court of injunctive relief or for damages to be paid by them, but state officers cannot be sued if is the state treasury that will be paying the damages. (2) State may waive (explicit) their 11th amendment immunity and may consent to be sued in federal court. State being sued in federal court. 5 questions: Who’s the PL? Applies to all private PLs. Is the state a D? Only applies to cases against states. (State government or agency). What relief is sought? Applies to damages, past debt, retroactive relief of any type. Has the state waived immunity? Does a congressional grant of jurisdiction apply? Federal statutes based on congressional power to enforce 14th amendment are not subject to 11th amendment bar.

(3) Congress acting pursuant to §5 of the 14th amendment.

States are largely immune from private damage suits for violations of federallycreated rights.

Congress’s Power over civil rights derives from the 13, 14, 15 amendments.

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