Define These Executive Order of the United States Flashcards

Constitutional law flash cards for MBE

27 cards   |   Total Attempts: 188
  

Cards In This Set

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