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NY Bar 2014 > Constitutional > Flashcards

Flashcards in Constitutional Deck (94)
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1

Original jurisdiction of SC?

Cases between states
(and others which have concurrent jurisdiction)

2

SC as appellate level?

3-judge Federal District Court panels
granting/denying injunctive relief

3

Standard for "justiciability"?

"case and controversy"

4

Mootness (claim resolved)
2 exceptions?

(1) Controversies capable of repetition but evading review (pregnancy)

(2) Class action (if claims of other class members still viable)

5

Standing -
3 components?

(1) Injury - direct or personal (not only economic)

(2) Causation between injury and conduct

(3) Redressability - decision capable of eliminating grievance

6

Standing to enforce government statute?

If P is within "zone of interests" Congress intended to protect

7

Standing of organization - 3 conditions

(1) Injury to member (i.e. who can sue independently) (not mere ideological objection)

(2) Injury related to org's purpose

(3) Individual member participation not required

8

No "citizenship" standing - exception?

10th amendment violation - interference with power reserved for states

9

No "taxpayer" standing - exception?

Establishment clause (when spending power is involved)

10

When disposition rests on unsettled question of state law?

SC abstains

11

Pending state proceedings?

SC abstains.

EXC: proven harassment or bad faith prosecution

12

11th amendment restriction on claims against state government - what is not barred

- State waives
- Claims against local government
- Federal bankruptcy court
- Against state officers
- 14th amendment - if Congress intended to remove state immunity

13

No 3rd party standing - 2 exceptions?

(1) Close relationship: doctor-patient (OK)

(2) Injured party unlikely to assert own rights

(3) Organization (see 3 conditions)

14

Ripeness - considerations for exception?

(1) Hardship suffered w/o pre-enforcement review

(2) Fitness of issues and records (enough for review even though no enforcement yet?)

15

Examples of non-justiciable political Qs

"Guarantee clause" - republican form of government guaranteed

Foreign policy

Impeachment/removal processes

Gerrymandering

16

Conditions for review of state law decision

No "independent and adequate state law ground".
(resolving federal matter won't help outcome)
AND
Final judgment rule.

17

LEGISLATION
Congress's "necessary and proper" power?

Cannot support federal law alone. Only with another federal question

18

Standard to uphold taxation

Reasonable relationship to revenue production OR Congress has power to regulate taxed activity

19

Spending power

Any public purpose

20

Commerce power - law must:

Regulate channels
OR
instrumentalities of
OR
activities that have substantial effect on

21

No Federal Police Power - exceptions?

Military bases
Indian reservations
Federal Lands
DC

22

Cong can regulate existing commercial activity, cannot:

Compel it! (Obamacare)
But can "induce" by putting strings on grants - if expressly stated

23

Delegation of legislative powers standard?

"Intelligible standards" set for delegate to follow (almost anything passes!)

24

Can Cong prohibit "harmful commercial activity"?

Yes.

25

Legislative veto of executive action?

No, without:
Bicameralism OR presentment to Pres

26

Appointment of inferior officers - to whom?

Anyone, but not Cong.

27

Removal of officers - by whom and how?

High level - by President at will
By Congress through impeachment
Lower level - by President subject to Congressional limitations

28

Treaty / Executive Agreement - Senate approval?

Only for treaty

29

Treaty / Executive Agreement - conflict with state law

Both supersede state law

30

Treaty / Executive Agreement - conflict with fed law

Treaty - whichever was adopted last (is same as Fed Law)
Exec Agreement - loses to fed law