Constitutional Law Flashcards
Justiciability
Jx of fed courts is limited to cases or controversies. The matter must be 1) ripe, 2) not moot, AND 3) P must have standing.
Ripeness
Ripeness requires there be an actual or imminent threat of harm, otherwise it is too soon to bring suit.
Mootness
Mootness requires the case not be too late, meaning the legal proceedings will have no effect.
Exceptions to Mootness requirement
class actions or an issue capable of repetition but evading review
Standing elements
1) Injury, 2) Causation, 3) Redressability
Standing rule for taxpayers
Taxpayers cannot challenge gov’t expenditures generally. Taxpayers only have standing if they 1) challenge legislation enacted under Congress’s taxing & spending power, AND 2) allege a violation of the establishment clause on that power.
3P Standing rule
3rd parties do not have standing UNLESS they are unable to assert their own rights, there’s a special relationship between them and P, or P’s injury affects relationship with 3rd party
Organizational standing rule
Organization has standing if its individuals 1) have standing, 2) germane to org’s purpose, AND 3) neither claim no relief requires participation of the individuals
11A State Sovereign Immunity
Under state sovereign immunity, a state is generally immune from suit for money damages by its own citizens in state or fed court.
Exceptions to 11A State Sovereign Immunity
State consents
Fed gov’t can sue states in fed court
Express waiver
Congress clearly removes immunity
Suits against state official for enforcing an allegedly unconstitutional statute, only injunctive relief available
State v. State
Commerce Clause elements
Congress can regulate 1) channels, 2) instrumentalities, AND 3) activities with substantial economic effect on IC
Commerce Clause - What is substantial economic effect?
Substantial economic effect means Congress can regulate any activity, intra or interstate, that has a substantial economic effect on IC measured in the aggregate.
Taxing Power
Congress has the power to tax if it is reasonably related to raising revenue.
Exports exception to the Taxing power
Congress cannot impose taxes on exported goods/services, or on services/activities closely related to the export process.
Spending Power
Congress has the power to spend for the general welfare and can use its spending power to regulate activity by conditioning federal funding on such activity
Spending Power - Requirements for conditional federal funding
Conditional federal funding is binding only if the conditions are clearly stated and unambiguous.
Necessary & Proper Clause
N&P Clause enables Congress to legislate to execute its powers.
10A Anti-Commandeering Limitation
Congress is prohibited from requiring state or local gov’t to 1) enforce a fed law, OR 2) enact a state/local law.
Congress’s other misc. powers
War
Property
Elections
Noncitizens
Naturalizations
Militia Clause
Congress can authorize the President to deploy the Natural Guard w/o approval of the state governor to execute fed laws, suppress insurrections, or repel invasions.
Property Clause
Congress has the power to regulate private property that affects federal public lands when such regulation is necessary to protect those lands.
Enforcement Clause Powers
Congress is empowered to enact legislation to enforce civil rights guarantees of the Civil War Amendments (13A, 14A, 15A).
14A Protections
Equal protection
Due process (substantive & procedural)
Privileges/Immunities
Pardon power
President may pardon at any time after commission of the federal offense; does not apply to impeachment.
Veto power
President has 10 days to act on proposed legislation to sign the bill, veto the bill, or do nothing
How may Congress override a presidential veto?
Congress can override by ⅔ vote in each house.
What happens if President does nothing with a bill?
Result depends on whether Congress is in session at the end of the 10-day period:
If Congress is in session at the end of the 10-day period, the bill becomes law.
If Congress is adjourned at the end of the 10-day period, the bill does NOT become law.
Take Care Clause
President has the duty to faithfully execute laws.
Commander in Chief powers
President can take military action w/o a declaration of war in the case of actual hostilities against the US.
Presidential Treaty power
President has the exclusive power to negotiate treaties; a treaty may only be ratified by approval of ⅔ vote of Senators present.
Presidential executive agreements power
President has the power to enter into executive agreements w/ foreign nations; Senate approval not required.
Congressional Impeachment
House may impeach by majority vote; Senate tries the impeached official and conviction requires ⅔ vote.
If Congress explicitly mandates expenditure of funds…
the President can’t refuse to spend them.
Can Congress attempt a legislative veto of an executive action?
NO
Legislative veto and delegation
Once Congress delegates power to an executive agency, it cannot interfere w/ the agency’s functions w/o satisfying the legislative-action process (bicameralism & presentment). Any attempt to bypass this process is an unconstitutional legislative veto.
Exception to legislative veto and delegation
Congress’s delegation can include a provision permitting legislative veto.
Judicial immunity
Judge has absolute immunity from civil liability for damages resulting from official judicial acts.
Legislative privilege
Members of congress cannot be subject to civil/criminal liability for statements or conduct made in the regular course of the legislative process. This is true even if the speech is NOT germane to pending legislative business.
This immunity extends to legislative aides who engage in conduct that would be immune if performed by a member of Congress.
Executive privilege
Executive branch is generally privileged with respect to the disclosure of confidential info to the judiciary or Congress.
Executive immunity
President cannot be sued for civil damages w/ regard to any acts performed as part of their official responsibilities.
Delegation of legislative power
Congress can delegate authority to the executive branch if Congress specifies “intelligible principle” to guide the delegate.
Non-delegable powers of the Legislature
non-delegable powers include the power to declare war and the impeachment power.
What constitutes an intelligible principle for a delegation of legislative power?
Clear statement defining policy, agency, and scope of authority.
Dormant Commerce Clause
In the absence of fed regulation, state regulation of commerce is valid if there is 1) no discrimination against out of state commerce AND 2) no undue burden on IC. This applies to both out of state citizens and corporations.
No other nondiscriminatory means exception to DCC No Discrimination rule
A discriminatory regulation will be upheld if an important local interest is being served and no other nondiscriminatory means are available.
Market participant exception to DCC No Discrimination rule
Under the market participant exception, a state can discriminate if it is acting as a market participant e.g., buying/selling.
This includes a state that sells permits for a particular purpose.
Traditional gov’t function exception to DCC No Discrimination rule
Under the traditional gov’t function exception, regulations can favor state/local gov’t for performance of a traditional gov’t function e.g., waste disposal.
Rule for Undue Burden on IC under the DCC
A nondiscriminatory regulation can still be struck down for undue burden on IC if the burdens outweigh the benefits; analysis should also evaluate whether there are less restrictive alternatives.
Can a state regulate conduct that occurs wholly beyond its borders?
NO
Privileges & Immunities (PI) Clause
Under Article 4, states cannot deprive an out of state citizen the privileges & immunities it accords to its own citizens by impacting a fundamental right or essential activity.
Under the 14A, states cannot interfere with its own citizens’ right of national citizenship. This clause does not include corporations.
Under the PI Clause, what do fundamental rights/essential activities include?
Private employment
Does NOT include recreational activities
Exception to PI Clause
A substantial reason may justify the discrimination if nonresidents caused or are part of the problem and the discrimination is substantially related to that problem.
Rule for State Taxation of Commerce
If Congress hasn’t already acted in the area, a state can tax IC if 1) substantial nexus, 2) fair apportionment, 3) nondiscriminatory, AND 4) fair relationship.
State Taxation of Commerce - What is substantial nexus
Substantial nexus means the taxed activity must have some significant contact within the state.
State Taxation of Commerce - What is fair apportionment
Fair apportionment means that the tax on IC should be equal to the tax on local commerce.
State Taxation of Commerce - What is nondiscriminatory
Nondiscriminatory means that there is no direct commercial advantage to local businesses over out of state competitors.
State Taxation of Commerce - What is fair relationship
Fair relationship means that the tax must be fairly related to the services provided by the taxing state.
State Taxation of the federal gov’t
The fed gov’t, its agencies, & its instrumentalities are immune from direct taxation by states unless Congress expressly consents.
