Congressional Enforcement Power

Question 1

What does the 11th Amendment do?

Answer 1

imposes a remedial limit on Congress.

They can say you have to pay minimum wage (under the commerce power) but can’t say that if you don’t you have to award back payments. The remedy would be an injunction.

Question 2

When can Congress grant civil remedies?

Answer 2

When Congress can identify a pattern of constitutional violations & its remedy is congruent & proportional to the pattern

Question 3

Can congress enact a policy to prevent a future violation?

Answer 3

Yes

I.e., requiring states to keep a record of the race of their employees. Must be proportional and related to the violation.

Question 4

Test for standing

Answer 4

1) personal injury
2) traceable to defendant’s unlawful conduct and
3) likely redress by requested relief,

No citizen standing to challenge unlawful government conduct in general.
No standing to challenge stigmatic injury not personally aimed

Question 5

Test for ripeness

Answer 5

1. Claim is fit for judicial review
2. The party will face substantial hardship if they must wait to bring suit until after the law is enforced or harm is suffered