ConLaw Flashcards
(54 cards)
Organization Standing
Organization will have standing both:
1. to challenge the government action that injures the org. itself
2. causes injury to its members If:
* injury to individual members that would give individual right to sue on own behalf;
* injury is germaine to org’s purpose
* neither the nature of the claim nor the relief requested requires participation of individuals in suit
Standing
Federal Court will not hear a case unless the party bringing the suit has standing.
To have standing a litigant must have a concrete stake in the outcome of the controversy:
1. show that it has personally suffered/or will imminently suffer an injury in fact (particularized and concrete)
2. ** caused** by conduct complained of, and
3. can be remedied by a decision in litigant’s favor
Injury must be specific and more than theoretical but need not be economic.
If injuctive or declaratory relief must show likelihood of future harm.
Standing: injury in fact
usually involve violation of a common law right, a constitutional right, or a statutory right.
Dormant Commerce Clause
No discrimination of out of staters but burdents interstate commerce then violates if burdens exceed its benefits. Court will review whether less restrictive alternatives are available.
Yes discriminate and burdens interstate commerce then vioaltion unless necessary to achieve an important gov’t purpose: State/local gov’t must show: no less discriminatory alternatives avail (bait fish and parasites)
*Exceptions: *
Congressional Approval
Market Participant (state is in market)
Favors- gov’t performing traditional gov’t functions.
LOOK AT PRIV. & IMM CLAUSE OF ARTICLE 4
Commerce Clause: Undue Burden
State laws that do not discriminate against interstate commerce will be upheld unless they unduly burden interstate commerce.
In determining undue burden the courts will balance the legitimate state interest against the burden on interstate commerce
Courts may consider whether there are less restricive means to accomplish the states goals and whether state law conflicts with laws of other states.
The Supremacy Clause
Supremacy clause makes federal law the supreme law of the land.
Under clause, state laws can be preempted by federal law expressly or impliedly.
Express Preemption: law expicitly says
fed law is exclusive in field
Implied Preemption:
* state law conflicts with the requirements of a valid state law (conflict preemption)
* state law interferes with objective of a valid federal law (object preemption);
* Congress has evidenced an intent to occupy the entire field over which it has power (field preemption). (creation of an agency to oversee the field is good indication of an intent to occupy a field, but fields traditionally within the power of the states (health safety education) there is a presumption that preemption was not intended unless preemption was the clear and manifest purpose of Congress.
Commerce Clause
Commerce Clause grants Congress the power to regulate interstate commerce:
1. channels of interstate commers,
2. Instumentalitites of interstate commerce
3. commercial activities (even local) that have a substantial economic effect on interstate commerce
Not exclusive can be delegated to federal agencies.
States may regulate local aspects of interstate commerce unless preempted by federal law.
Privileges and Immunities Clause of Art. 4
States may not deprive citizens of other states of privileges and immunities it accords its own citizens.
If state or local govt law discriminates against out of staters with regard to important economic interests (ability to earn their livlihood violation) unless necessary to achieve an important gov’t purpose
- law discriminates against out of staters in regard to fundamental rights or important economic activities
- Party is proper (corps and aliens cannot use P&I)
- discriminatio necessariy to achieve an important gov’t purpose
Look at Dormant Commerce Clause
Standing for 3rd Party
Standing to assert rights of other requires vioaltion of claimants own rights plus either special relationship between claimant and third party or difficult for third party to assert own right (kid and pledge, Dr.s and abortion).
11th A
Principle of soverign immunity.
prohibits federal courts from hearing private party’s claims against state gov’t. It bars actions against state governments for damages and injunctive or declarative when state is named as a party unless:
private party sues state officer
* for injunctive relief
* for money damages to be paid out of their own pockets but not if the state treasury will be paying retroactive damages
* state consents
* Congress removes immunity (Federal laws adopted under section 5 of the 14A)
Actions brought against local gov’ts or state officers for injunctive releif not barred.
Ripeness
Whether federal court may grant pre-enforcement review of a statute or regulation.
P not entitled to review of statute or regulation before enforcement unless P will suffer some harm or immediate threat of harm.
Mootness
A real controversy must exist at all stages of review. If the matter has already been resolved, case will be dismissed as moot unless:
* controversy is capable of repetition yet evading review (pregnancy) applies if there is a reasonable expecteation that the same complaining party will be subject to the sam eaction and woud again be unable to resolve the issue because of its short duration.
* Class action (unless noone in the class still has a viable claim)
* vountary sessation - but free to resume it at any time.
Political Question Doctrine
Issues constitutionally committed to another branch of government or inherently incapable of judicial resolution.
1. challenges to President’s conduct of foreign policy
2. Recesions of treaties
3. challenges to impeachment and removal process
4. partisan Gerrymandering
5. “republican form of gov’t clause
Abstenstion
Federal Court will abstain from resolving a constitutional claim when based on unsettled question of state law.
The Necessary and Proper Clause
Congress has the power to make all laws necessary and proper for executing any power granted to any branch of federal gov’t.
Commerce Clause: Intrastate Activity
Court will uphold regulation if it is of economic or commercial activity (growing wheat, or medicinal marijuana even for personal consumption) and court can:
conceive of a **RATIONAL BASIS **on which Congress could conclude that the activity in aggregate substantially affects interstate commerce.
if intrastate activity is non commercial and non economic (gun in a school zone or gender motivated violence) Court will not aggregate effects and only upheld if Congress can show a direct substantial economic effect on intrerstate commerce GENERALLY A NO
10A limit on Congressional powers
All powers not granted to United States and not prohibited to the states are reserved to the states or the people:
Anti Commandeering Principle - congress cannot compel state regulatory or legislative ac tion
Spending Pwoer Conditions - Congress can induce state and local gov’t by placing conditions on the grant of money to those gov’ts. Won’t violate 10A if:
* expressly stated
* relate to the purpose of the program
* not unduly coercive
* do not otherwise violate the Consitution
Congress may prevent harmful commercial activities by state gov’ts without violating the 10A.
Congressional Power under the 14th Amendment
Section 5 of the 14A gives Congress the power to adopt appropriate legislation to enforce the rights and guarantees provided by the 14A.
Cannot create new rights or expand the scope of rights, it may act only to prevent or remedy violations of rights recognized by courts.
Must be proportionate and congruent to remedying constitutional violations
Congress Delegation of Power
Broad Delegation on Major quesitons - Agencies (extrodinary economic and political significance) must point to cleear congressional authorization for exercise of such power.
Legislative vetoes (congress attemtps to overturn an executive action without BCP) and line item vetos( Pres must accept or decline all of bill).
Bicameralism with presentment
Federal Executive Power - Foreign Policy
Treatys - negotiated by P and ratified by 2/3 S (trump everything except US Constitution, Federal Statutes -last in time)
Executive agreements - negotiated by P signed by P and head of foreign nation (subject to US Constitution, Treaties and Fed Statutes)
Foreign relations - paramount power to rep US in day to day foreign relations
Federal Executive Power- Appointment and removal
P appoints ambassadors, Fed judges, officers of US with advice and consent of Senate. Congress may vest appointment of inferior officers in President/exec branch but not to itself
Removal - unless limited by statutes Pres fires any executive branch officer. To limit power office involved must be one for which independence from Pres is desirable and limitation is only for good cause. (not if head of independent agency if that person is the sole director and exercises substantial discretion)
Impeachment
P, VP, Judges, Officers of US impeached and removed from office for treason bribery high crimes and misdemeanors. It does not remove a person from office - marjoity vote of House (conviction required - 2/3 of senate)
P’s Power as Chief Executive
P’s powers over internal affairs are unsettled:
P acts with express/implied authority of Congress then at maximum and likley valid
P acts where Congress is silent, upheld unless usurps another branch power/prevents them from tasks
P acts agaist express will then action likely invalid.
Executive Immunity and Privilege
P has aboslute immunity to civil suits for money damages for any actions while in office.
Executive Privilege over presidential papers and convos (right to keep privileged) but may yeild to important gov’t interests.
No immunity to keep P’s financial records from state subpoenas but congressional must balance competing interests
