Front | Back |
Executive Order
|
Power of the president to make some rule or law
Limitations: (1) Cannot override an act of Congress (2) Cannot be unconstitutional |
Presidential Powers
|
Executive Orders, Pardons, Appointments, Commander in Chief
|
Tax and Spend Clause
|
Congress has the power to TAX and SPEND so long as it has a REASONABLE RELATIONSHIP TO THE GENERAL WELFARE
|
Police Power
|
Power to regulate for the health, safety, and welfare of the people of the state (includes DC) - CANNOT CONFLICT w/ a Federal Power
|
Supremacy Clause
|
Federal law trumps state law when they are in direct conflict
|
Commerce Clause
|
(1) Congress has plenary power to regulate interstate commerce and commerce w/ foreign nations(2) Affectation Doctrine - Congress can regulate any person or thing that crosses state lines, so long as the activity has a substantial economic effect on the flow of commerce(3) Cumulative Impact - Congress can regulate intrastate activity if the cumulative impact of the activity affects interstate commerce
|
Contract Clause
|
State cannot impair an existing contract
Exception: Police power |
Fundamental Rights
|
CAMPERS:(1) Contraception(2) Abortion(3) Marriage(4) Procreation(5) Education(6) family Relations(7) Sexual relations (substantive due process liberty interest)
|
Suspect Classifications
|
RAN
(1) Race(2) Alienage (3) National origin |
Quasi-Suspect Classifications
|
Gender, legitimacy
|
Strict Scrutiny
|
Law must be necessary to achieve a compelling government purpose (use for FR/Suspect)
Burden: Gov't |
Intermediate Scrutiny
|
Law must be substantially related to an important government purpose (use for Quasi)
Burden: Gov't |
Rational Basis
|
Law must be rationally related to a legitimate government purpose (cannot be irrational or arbitrary)
Burden: Challenger |
Substantive Due Process
|
Law limiting all persons to engage in some activity
|
Equal Protection
|
Law treats a person or class of persons differently from others
|