ConLaw Intro Cards Flashcards
(129 cards)
What are the three branches of government?
Legislative, Executive, and Judicial.
Which branch of government has the final authority to interpret the Constitution and declare acts of Congress Unconstitutional?
The Judicial Branch.
Federal Courts must have jurisdiction over a ________ claim to conduct judicial review.
justicable
For what types of claims do federal courts have judicial review?
Claims arises (in law and equity) to the Constitution, treaties and laws of the US.
What is the role of the trial body in judicial review?
To render a decision.
What is the role of an appellate body in judicial review?
To review and overturn, modify, or affirm a decision made by a lower court or a tribunal.
How does the 11th Amendment affect state sovereignty?
Generally, states cannot be sued (are immune) by private parties unless they have given consent.
Can a plaintiff bring a claim against a state in federal courts?
No. The eleventh amendment prohibits jurisdiction over any set for damages against a state by a private plaintiff without the state’s consent.
Can a plaintiff bring a claim against the federal government in state court?
No. The eleventh amendment bars private-plaintiff suits against a state in a state’s own courts for violation fo federal law.
What does it mean for a case to be “justiciable”?
It means appropriate for resolution.
What are the three requirements of the Case-or-Controversy Clause of Article III of the Constitution?
(i) a Plaintiff must have standing; (ii) the claim must be ripe; (iii) and it cannot be moot.
What is the ostensible purpose of standing doctrine?
To ensure the plaintiff has a personal stake in the outcome of a case or controversy (and will litigate arduously) and the that court is in a position to provide relief.
Wha are the basic requirements for constitutional standing?
The plaintiff must prove (i) an injury-in-fact; (ii) that was caused by the defendant, and (iii) the injury is redressable by the courts.
In general, can a plaintiff asset standing rights on behalf of a third party?
No. In general, a party cannot claim standing on behalf of representing a third party.
What is the exception to prudential standing (representing a third party)?
A plaintiff may assert standing if (i) there is such a close relationship between the plaintiff and the third party that the third-party’s rights are inextricably bound with the plaintiff’s activity; and (ii) there are genuine obstacles to the third party asserting his own rights.
What are the limitations of ripeness on a case?
A case or controversy may only be ripe for adjuration if it presents an actual controversy or past injury or threat of a real and immediate injury.
What is the limitation of mootness on a case?
Mootness will bar any claim where a favorable decision will no longer provide any relief to the Plaintiff.
Can a Federal Court issue an advisory opinion – an abstract opinion on the validity of a law in a hypothetical circumstance, absent a concrete dispute?
NO!
When can the Supreme Court not (because it lacks jurisdiction* review a state court decision?
When the state-court decision is adequately supported by state-law ground that is independent of federal law.
What is the political questions doctrine?
Federal Courts will not decide any matter that the Constitution has committed to the executive or legislative branches that lacks judicially manageable standards for decision.
What is the difference between express and implied powers of the Constitution?
Express powers are clearly written in the constitution, enumerated. Implied powers, by contrast, are inferred from the text and structure of the Constitution.
What are the most common enumerated powers of Congress?
(i) commerce; (ii) taxing; (iii) spending; (iv) war; (v) defense; and (vi) foreign affairs
What’s the relationship between the taxing and spending clause in Article I?
Taxing is an expressly stated power, and it implies spending power. Spending power is limited to spending that promotes the nation’s general welfare.
What commerce powers does Congress have in Article I?
(i) the power to control the uses of channels of interstate commerce; (ii) the power to regulate the instrumentalities of interstate commerce (persons or things); (iiI) the power to regulate economic activity that substantially affects interstate commerce.