Con Law

Question 1

4 justiciability doctrines

Answer 1

Standing
Ripeness
Mootness
Political question doctrine

Question 2

Standing

Answer 2

Issue of whether the plaintiff is proper party to bring a matter to the court for adjudication

Question 3

Standing elements

Answer 3

Injury: P must prove they were personally injured or imminently will be injured (if seeking injunctive relief)
Causation the plaintiff must allege and prove that the Defendant caused the injury
Redressability: a favorable court is likely to remedy the injury

Question 4

Third party standing

Answer 4

Generally P cant assert claims of others EXCEPT if close relationship between P and 3P; injured 3P is unlikely to be able to assert his own rights; organization can sue for members

Question 5

Generalized Grievances

Answer 5

Not allowed
P must not sue solely as citizen or taxpayer interest in having government follow the law
Exception - government expenditures pursuant to federal statutes as violating establishment clause

Question 6

Ripeness

Answer 6

Whether federal court may grant pre-enforcement review of statute or regulation

Question 7

Ripeness factors

Answer 7

1. hardship that will be suffered without pre-enforcement review (greater the hardship the more likely pre-enforcement review)
2. Fitness of the issues and the record for judicial review (does court have all it needs to make a decision)

Question 8

Mootness

Answer 8

If events after the filing of a lawsuit end the plaintiff’s injury the case must be dismissed as moot

Question 9

Exceptions to Mootness

Answer 9

Wrong capable of repetition but evading review - Injury that happens over and over but such a short period; Has to be that plaintiff again
Voluntary cessation - defendant voluntarily halts the offending conduct but is free to resume it at any time the case will not be dismissed as moot
Class action suits will not be dismissed if the named plaintiffs claim becomes moot so long as one member of the class has an ongoing injury

Question 10

Political question doctrine

Answer 10

Constitutional violations federal courts will not adjudicate
Republican form of government clause
Challenges to the presidents conduct of foreign policy
Challenges to impeachment and removal process
Challenges to partisan gerrymandering

Question 11

SCOTUS Appellate Jurisdiction

Answer 11

Writ of Certiorari: all cases from state courts; from US courts of appeals
SCOTUS must hear cases that come to it by appeal but only from three judge federal district court panels that grant or deny injunctive relief

Question 12

SCOTUS exclusive jurisdiction

Answer 12

Suits between states
where one party is a state
cases affecting ambassadors, public ministers, consuls

Question 13

Eleventh Amendment

Answer 13

Bars suits against states in federal court

Question 14

Sovereign immunity

Answer 14

Bars suits against states in state courts or federal agencies

Question 15

Lower federal court review

Answer 15

Federal courts and state courts may not hear suits against state governments

Question 16

Exceptions to sovereign immunity

Answer 16

Express waiver - state consents to it
Congress removes the protection
Suits by federal government by other states (fed gov can sue other state govs)
Suits based on plan of convention

Question 17

Suits against state officers

Answer 17

person can sue a state official for damages personally or to enjoin the official from future conduct that violates the constitution or federal law even if it requires prospective payment from the state
Suit is prohibited to the extent it seeks retroactive damages

Question 18

Federal police power

Answer 18

NO FEDERAL POLICE POWER!
Congress can only act with express or applied authority
Exceptions for legislating for military, native american reservations, federal lands, or DC

Question 19

Necessary and proper clause

Answer 19

congress can adopt all laws necessary and proper to carry out authority; congress may choose any means not prohibited by constitution to carry out its authority

Question 20

Taxing/spending power

Answer 20

Congress can spend and tax for general welfare
They can adopt any tax to raise revenue and any spending program to spend it BUT they can’t enact other statutes on this because no polic epower

Question 21

Commerce Power

Answer 21

Congress may regulate the channels of interstate commerce; the instrumentalities of interstate commerce and persons or things in interstate commerce; can regulate economic activities that have a substantial effect on interstate commerce

Question 22

Tenth amendment limit on congressional powers

Answer 22

Congress cant compel state regulatory or legislative action (congress can induce government actions by putting strings on grants so long as the conditions are expressly stated and relate to the purpose of the spending program; cant be unduly coercive)
Congress may prohibit harmful commercial activity by state governments
Congress cant create new rights or expand the scope of rights; can only prevent or remedy violations of rights recognized by the courts and such laws must be proportionate and congruent to remedying constitutional violations

Question 23

Treaties

Answer 23

agreements between the US and a foreign country that are negotiated by the president and effective when ratified by the senate
Treaties prevail over conflicting state laws
If conflicts with federal statute, last adopted wins
If it conflict with constitution, invalid

Question 24

Executive agreements

Answer 24

agreement between the US and a foreign country that is effective when signed by the president and the head of the foreign nation (no senate approval required)
Can be used to any purpose
Prevails over conflicting state laws but NEVEr over conflicting federal laws of the constitution

Question 25

foreign powers of president

Answer 25

treaties executive agreements recognition of foreign governments discretion in determining whether to admit individuals to the US President has broad powers as commander in chief to use american troops in foreign countries

Question 26

Appointment power

Answer 26

President appoints ambassadors, federal judges and officer of the US Congress may vest appointment of inferior officers in the president, heads of departments or lower federal courts Congress cant give themself or officers appointment power Pres may not make recess appointments during intrasession recesses that are less than 10 days

Question 27

Removal power

Answer 27

Pres may fire any executive branch officer Congress can limit removal if: office where independence from the president is desirable, good cause and not a single person who heads an agency and exercises substantial discretion

Question 28

Impeachment and removal

Answer 28

President, federal judges, and officers of the US can be impeached by House of representatives with a majority vote; conviction in Senate requires a 2/3 vote

Question 29

Absolute immunity of president

Answer 29

absolute immunity from civil suits for money damages for any action while in office

Question 30

Executive privilege of president

Answer 30

executive privilege over presidential papers and conversations but must yield to other important government interests

Question 31

Pardon power of president

Answer 31

President has power to pardon those accused or convicted of federal crimes; only for federal not state Cant pardon an offense that led to impeachment

Question 32

Express preemption

Answer 32

Federal statute or law stats federal law is exclusive in a field - state law is preempted

Question 33

Implied preemption

Answer 33

If federal and state law are mutually exclusive (not possible to comply with both at same time) federal law preempts If state law impedes the achievement of a federal objective, federal law preempts If congress evidences a clear intent to preempt state law, federal law preempts

Question 34

Dormant commerce clause

Answer 34

state and local laws are unconstitutional violations of the commerce clause if they place an undue burden on interstate commerce

Question 35

Privileges and immunities clause of 4th amendment

Answer 35

States may not deprive citizens of other state of privileges and immunities it accords to its own citizens only applies to citizens who are people; no corporations no aliens

Question 36

Privileges and immunities clause of 14th amendment

Answer 36

State laws that interfere with right to travel are unconstitutional

Question 37

Dormant commerce clause effect on law that does not discriminate against out of staters

Answer 37

If law burdens interstate commerce it violates dormant commerce clause it its burdens exceed its benefits

Question 38

privileges and immunities clause of 4A effect on law that does not discriminate against out of staters

Answer 38

DOES NOT APPLY!!!!!!

Question 39

Dormant commerce clause effect on law that does discriminate against out of staters

Answer 39

If law burdens interstate commerce, it violates the dormant commerce clause unless it is necessary to achieve an important government purpose Two exceptions 1. Congressional approval 2. Market price exception; state or local government may prefer its own citizens in receiving benefits from government programs in dealing with government owned businesses

Question 40

privileges and immunities clause of 4A effect on law that does discriminate against out of staters

Answer 40

Law discriminated against out of staters in regard to ability to earn livilihood it violates the clause unless necessary to achieve important government interest 1. Law must discriminate against out of staters 2. Discrimination must be with regard to fundamental rights or important economic activities (ability to earn a living) 3. Corporation and aliens cant use the privileges and immunities clause 4. The discrimination must be necessary to achieve an important government purpose