Con Flashcards
(52 cards)
Nonstanding requirements
-Ripeness–sufficiently matured to warrant a decision
-Not moot
Standing requirements
-Injury in fact
-Causation
-Redressability
Causation definition
Traceable to D’s challenged conduct AND not attributable to a third party
Redressability definition
Favorable ruling would eliminate P’s harm
Zone of interests
Injury in fact–was P’s injury within the “zone of interests” that Congress meant to protect with the statute?
Third party standing requirements
-P has suffered injury AND
-T unable to assert own rights OR P’s injury adversely affects P’s relationship with T
Organizational Standing
-Members have injury in fact that would give them standing on their own behalf
-Members’ injury related to org’s purpose
-Neither the nature of the claim nor the relief requested requires participation of the individual members in the lawsuit
Taxpayer standing?
-Generally no
-Exception: Challenge fed appropriation and spending measures IF measure (1) was enacted under Congress’s taxing and spending power AND (2) exceeds specific limitation on the power (Establishment Clause)
Requirement for SCOTUS to hear state court case
-NEED judgment turned on federal grounds
-REFUSE IF “adequate and independent” nonfederal grounds to support the state decision
Political questions
-Con authority give to non-Jud branch OR
-Judicial process cannot resolve or enforce the question
11A limit
Fed Ct cannot hear private claim against State Gov
Sovereign immunity
-Bars private claim against State Gov in State Ct
-Bars private claim against State brought in another State’s Ct UNLESS D State consents
11A/sovereign immunity for local gov?
No
Interstate Commerce Definition
-Any activity affecting two or more states
-Transportation or traffic across state lines
-Anything that in the aggregate has a substantial effect on interstate commerce
Types of Interstate Commerce
-Channels
-Instrumentalities
-Activities that have substantial effect
Line item veto
No; POTUS can approve or veto whole bill, can’t edit the bill
Non-self-executing treaties
-Treaty that needs Congress legislation to effectuate its ends
-NOT law until Congress acts
Youngstown standard
-Maximum POTUS authority: IF express or implied Congress authorization THEN action likely valid
-Twilight POTUS authority: IF no Congress authorization THEN action valid UNLESS action infringes on another branch’s powers OR prevents another branch from exercising its powers
-Minimum POTUS authority: IF POTUS acts against express will of Congress THEN likely invalid
Field preemption
IF Congress attended to occupy the entire field THEN no state or local regulation
Fed can regulate States through Spending Power IF the conditions
(1) are clearly stated,
(2) relate to the purpose of the program, AND
(3) are not unduly coercive
Privileges AND immunities clauses
14A: protects US citizenship
Article IV: prohibits a state from discriminating against nonresidents w/r/t fundamental rights (commercial activities AND civil liberties)
What activities does Article IV Privileges AND Immunities Clause protect?
-Right to pursue livelihood
-Creditor priority
-Licensing
-Taxes against nonresidents
-Hiring preference for residents
-Civil liberties
Standard for state to discriminate against nonresident
-Nonresidents cause or are part of the State’s problem
-No less restrictive means
-Necessary to achieve an important government purpose
14A Privileges OR immunities clause
States may not deny citizens
-right to petition Congress to redress grievances
-right to vote for Fed
-right to enter public lands
-right to interstate travel
