Judicial Review

o Courts declare something unconstitutional

Justiciability
o Ban on advisory opinions
o Standings
o Ripeness
o Mootness
o Political questions
Legislative authority of the federal government
o Sources of federal authority

The commerce power and 10th amendment limits

The taxing and spending power

The foreign affairs power

13th, 14th, and 15th amendments

o Enforcing the will of congress and abrogating state sovereign immunity
Federalism as a limit on the states
o Preemption

States can't act inconsistently with federal law

o Dormant commerce clauses

Limit on what the state can do

o Privileges and immunities

Clause that provides a citizen of US has rights everywhere in the

country
Executive authority (separation of powers concerns)
o Types and sources of executive authority

Executive privilege

Delegation and the legislative veto

Appointments and removals

Foreign affairs
o Limits on the executive

Procedural due process as a limit on executive

Authority

The war on terrorism

Suing projecting and impeaching the President

8/20/15

Counter majoritarian problem

o Judges arent elected, they're not as close to the people

Shouldnt go to them for issues such as flag burning

Marbury v. Madison
o