Constitutional Flashcards
Justiciability - Standing
Asks whether P is the proper party to bring a matter to court for adjudication. There must be:
- Injury in Fact: P must show he has or will imminently be personally injured; Injury usually in the form of deprivation of property or liberty interest; If seeking an injunction P must demonstrate the likelihood of future harm to himself (P will engage in that conduct and the statute will be enforced against them).
- Causation - P must show causal connection between conduct and injury.
- Redressability - P must show a favorable court decision is likely to remedy the injury.
Justiciability - Standing - 3rd Party Standing
There is no third party standing, P cannot assert claims of 3rd parties not before the Court. UNLESS P has standing themselves and:
- Special relationship between P and injured 3rd part (Dr./Patient; Bartender/Customers) or
- Injured 3rd party cannot or is unlikely to assert their own rights (infancy or incapacity)
Justiciability - Standing - Associational
Organizations have standing to sue for their members if:
- Individual members would have standing on their own
- Interests are germane to the organization’s purpose
- Neither the claim nor relief requires participation of individual members
Justiciability - Standing - Generalized Greivances
To have standing, P must not be suing in capacity as solely a “ citizen” or “taxpayer”.
UNLESS a taxpayer is challenging gov. expenditure as violating the Establishment Clause (but this does not apply where the gov. outright gives prop. to religious groups.)
Justiciability - Ripeness
Usually comes up when requesting declaratory relief. Asks whether the Court needs more facts before the case can be accurately decided.
P is not entitled to review of law before its enforcement unless P will suffer some harm or immediate threat of harm.
Justiciability - Standing - Conferred by Congress
Congress can confer standing via statute but can never eliminate case or controversy requirement.
P can have standing to enforce a federal statute if within zone of interests Congress meant to protect.
Justiciability - Mootness
P must have a live controversy at all stages of review. If injury already occurred and no exception applies the matter is MOOT.
If change in events after the filing of the lawsuit ends the P’s injury the case must be dismissed as moot UNLESS:
- Wrong capable of repetition but evading review (ex. a State retracts its abortion ban in response)
- Voluntary cessation by Defendant which can be resumes at any time
- Class Action Suits 0 as long as one member has an ongoing injury
Justiciability - Political Question
A Non-justiciable issue Constitutionally committed to another branch of gov. or inherently incapable of judicial resolution. Includes:
- Republican Form of Government Clause
- Foreign Policy
- Impeachment and Removal
- Partisan Gerrymandering
Supreme Court Review - State Court Opinion Reviewed Via Writ of Cert
Discretionary review proper where the matter concerns a federal statute, treaty, or state statute at issue.
The state decision must not be based on independent (decision is not based on federal case interpretation) and adequate (fully dispositive of the case) state law grounds.
The case will not be hears if it rests on State and federal law and SC reversal on fed law grounds will not change the result.
Supreme Court Review - US Court of Appeals Opinion on Writ of Cert
Discretionary review proper for all cases.
Supreme Court Review - 3 Judge District Court Opinion on Writ of Cert
Skips Court of Appeals, SC MUST hear the case.
Supreme Court Review - Original Jurisdiction
Over all cases affecting ambassadors, public ministers, consuls, or where a State is a party.
Lower Fed Court Review - Sovereign Immunity
11th Am. bars federal courts from hearing suits by private or foreign governments against the States. The State is not a party when Constitutionality of a statute is at issue. Sovereign Immunity bars suits against State gov. in state court even on federal claims.
Exceptions:
1. Waiver/Consent - must be explicit, never implied
2. Section 5 of the 14th Am. Congress can remove immunity for actions under this section but cannot authorize suits against states under other provisions.
3. Fed or State may sue state government but cannot sue the federal gov without its consent.
4. Suit against local governments.
Lower Fed Court Review - Suits Against State Officers
Allowed for:
- Injunctive Relief - action to enjoin officers from future conduct that violates Const. or Fed. law.
- Personal Damages - Money damages to be paid out of their own pockets. May not be sued if state treasury will be paying retroactive damages, ok if paying prospective damages from the State.
Lower Fed Court Review - Abstention
Federal Court will not hear a case to:
- Enjoin a pending state criminal court proceeding, except where the sate prosecution is conducted or filed in bad faith or with intent to harass
- Unsettled questions of state law, the court will abstain until state courts have time to settle the underlying questions.
Congressional Authority - Enumerated Powers
Every exercise of federal power must be traced back to a power enumerated in the Constitution. There is no general federal police power (except over Military, Indian Reservations, Federal Land, and D.C.).
Congressional Authority - Necessary and Proper Clause
Congress may enact all laws necessary and proper to carry out any power granted to any federal branch. This cannot support a law on its own, must be linked with another enumerated power.
Congressional Authority - Taxing and Spending Power
Congress may tax and spend for the general welfare.
Taxing Power is upheld if the action bears reasonable relationship to revenue product OR Congress has power to regulate the activity taxed.
Spending Power may be exercised to provide for the common defense and general welfare. Congress may attach reasonable conditions to expenditures.
Congressional Authority - Commerce Power
Congress has exclusive power to regulate all foreign and interstate commerce. Congress may regulate:
- Channels of IC (highways, internet)
- Instrumentalities of IC (persons/things; planes, trains, phones, stocks)
- Activities Substantially Affecting IC (looking at cumulative impact)
Congress cannot regulate INTRAstate commerce unless it can show it affects IC. States can regulate local aspect of commerce as long as not in conflict or preempted.
Congressional Authority - War and Related
Constitution give Congress power to declare war, raise and support armies and provide for a navy.
Economic regulations during and after war time period to remedy war time disruptions have been upheld under this power.
Congress can establish military courts and tribunals (may try civilian if war causes Fed courts to get backed up)
Congressional Authority - Power Over Citizenship
Congress may establish uniform rules of naturalization and denaturalization. Congress has plenary power over aliens. The exclusion of aliens is ok but resident aliens are entitled to notice and hearing.
Congressional Authority - Property Power
Congress can make rules and dispose of Fed. property. Congressional action in this regard is NEVER invalid, even if it benefits one over State over another. Eminent domain must be for purposes of effectuating an enumerated power under some Constitutional provision.
Congressional Authority - Investigatory Power
Both houses can investigate into any matter which Congress can legislate. Privilege may come up here if its a criminal proceeding.
Congressional Authority - Postal and Misc. Power
Congress grants Fed. gov. a monopoly (public or private) unless Congress consents. Congress may regulate but cannot fully restrict access to the mail privilege.
fed courts have exclusive jurisdiction over Bankruptcy, but some States conduct it if there is no conflict with a Federal court. Congress can also coin money and controls IP law.
