Constitutional Law Flashcards
(61 cards)
Hierarchy of laws
U.S. Constitution > treaty / federal statute (last in time prevails) > executive agreement (foreign) / executive order > state constitution > state law
Federal courts may hear based on :
i. Law-based federal jurisdiction from Constitution, federal laws and treaties, admiralty and maritime laws
ii. Party-based federal jurisdiction where U.S. gov’t is a party, State v. State, State v. other State citizen,
citizens from different states (diversity jurisdiction), foreign diplomats
Justiciability
Art. III of the U.S. Constitution limits federal courts to hearing actual cases and controversies.
RAAAMPS:
1. Ripeness
2. Abstention
3. Adequate and independent state grounds
4. (No) Advisory opinions
5. Mootness
6. Political Questions
7. Standing
Standing
P must have standing to sue in court.
Exists when:
1) P personally suffered an injury in fact (concrete and particularized injury);
2) There is causation; AND
3) The injury is redressable by court order.
Injunctive/Declaratory Relief – P must show a concrete, imminent threat of future injury.
Third-Party Standing – Generally not permitted
UNLESS:
a) A close relationship exists;
b) It’s difficult or unlikely for the third-party to assert their rights on their own; OR
c) The third-party is an organization.
Organization Standing – Allowed to sue on behalf of the members if:
1) The suit is related to an issue germane to the organization’s purpose;
2) Members would have standing to sue; AND
3) Members’ participation is not necessary (eg remedy would be the same to all members, injunction would solve everyones problem, doesn’t work for damages because each member would have to show damages)
Taxpayer Standing – P may bring a lawsuit regarding specific amounts owed under their tax bill.
− But, a party DOES NOT have standing solely for being a taxpayer (i.e. challenging govt. expenditures).
Constitution lovers: no abstract desire to see government comply
Advisory Opinions, Ripeness, & Mootness
Courts CANNOT give advisory opinions or address hypothetical disputes.
Ripeness – whether the case is ready to be litigated. A case is ripe → when actual harm or an immediate threat of harm exists.
− Court may grant pre-enforcement review of a statute/law after considering: (1) hardship of the parties if no review; AND (2) fitness of the record.
Mootness – when a dispute has ended or was resolved before review.
− Exceptions →
(a) case is capable of being repeated but escapes review; (pregnancy can recur)
(b) voluntary cessation, but it can resume any time; OR
(c) class actions, where at least one member has an ongoing injury.
Political Question
Fed court will not take issues involving a matter for another branch of gov’t that the judicial process is inherently incapable of resolving and enforcing
- Textually demonstrable constitutional commitment to other branches (Senate’s sole power to impeach), lack of judicial standards (partisan but not racial gerrymandering, foreign affairs)
Abstention
Fed court will abstain (defer to state courts) if claim is based on an undecided issue of state law
Adequate and independent state grounds
SCOTUS will not hear a case from a state high court if its decision can be supported on state law grounds alone (even if federal Q involved), unless it was unclear whether based on state law alone, or state follows federal constitution (treat as federal law)
Congressional powers
for federal law to be constitutional, enumerated congressional powers must justify it
Achtung: Congress does NOT have regulatory (police) power to promote health, safety, and welfare of residents except in DC
- Commerce clause
- Taxing power
- Spending power
- Delegation power
- Property power
- Speech and debate clause
- Impeachment power
- Appropriations power
Commerce Clause
Under the commerce clause, Congress has broad power to regulate interstate commerce:
1) CHANNELS of interstate commerce (highways, phone lines)
2) People and INSTRUMENTALITIES of interstate commerce (cars, airplanes, pilots);
3) Economic/commercial ACTIVITIES that has a substantial effect on interstate commerce.
Federal regulations regarding intrastate commerce will be upheld when (1) there is a rational basis, (2) to conclude that the cumulative impact (aggregation), (3) has a substantial effect on interstate commerce.
− Aggregation CANNOT be used when the activity is not commercial/economic in nature.
Achtung: EVEN intrastate economic activity under cumulative effect doctrine, aber nicht: intrastate non-economic activity (eg guns near school), Ausn. Comprehensive scheme EXCEPTION: If Congress enacts a program that aims at interstate or economic activity, it can sweep up isolated instances of intrastate non-economic activity if those are necessary to make the program effective and have a substantial national economic effect
Power to Enforce the 13th, 14th, & 15th Amendments
Congress has the power to enforce:
▪ 13th Amend. – abolition of slavery.
▪ 14th Amend. – privileges and immunities, due process, equal protection, apportionment of representatives.
▪ 15th Amend. – right to vote cannot be denied because of race.
Congress MAY ONLY prohibit behavior that is likely to involve a constitutional violation. There must be congruence and proportionality between the injury to be prevented and the legislative means adopted.
− Congress CANNOT define Constitutional rights or change substantive law.
Taxing Power
Congress has the power to lay and collect taxes, duties, imposts, and excises
− Duties, imposts, and excises MUST be geographically uniform throughout the U.S.
− Under 16th Amend., Congress has the power to collect taxes on income from any source.
Spending Power
Congress has the power to spend for the common defense and general welfare. (Achtung: aber congress cannot regulate for the general welfare except in non-state federal territories)
Congress MAY attach restrictions or conditions on States receiving federal funds, BUT must satisfy the following:
1) Spending must be for the general welfare;
2) Condition must be imposed unambiguously;
3) Condition must be related to the federal interest in national projects or programs;
4) Condition cannot induce unconstitutional activity; AND
5) Condition cannot be so coercive as to turn pressure into compulsion.
Delegation Power
Congress can delegate powers it possesses and create an agency with legislative power to make rules:
1) The powers are delegable under the Constitution; AND
2) Congress provides reasonably intelligible standards to guide the delegation.
Non-Delegation Doctrine – Congress CANNOT delegate powers it does not have.
Property Power
Regulate (pass any law) and dispose of federal property, including Indian property and wild animals
Speech and debate clause
A member of Congress (+ aides) cannot be punished for anything said on legislative floor
Impeachment power
Congress can remove the president, federal judges, and federal officials through impeachment
Appropriations power
Congress can pass a bill to direct how the president must spend money
i. Earmarking funds: Executive branch must spend the funds, or obtain Congress approval to refuse spending
Executive powers
Achtung: partly shared with Congress
1. Congressional authorization test
2. Chief executive domestic powers (EAR PVPs)
3. Commander-in-chief (military) powers (BREW)
4. International affairs
- Congressional authorization 3-prong test
a) Where the president acts with Congress’s express/implied authority, his power is at its apex, and his action is likely valid.
b) Where Congress is silent, the president’s action is upheld as long as the act does not take over another branch’s powers or prevent another branch from performing its tasks.
c) Where the president acts against Congress’s express will, he has little authority, and his action is likely invalid
- Chief executive domestic powers (EAR PVPs)
EAR PVPs
1. Enforcement of laws, not making them. May delegate to other executive officers. Attorney general is chief law-enforcement official. May direct federal executive agencies (executive orders) but not private parties outside the executive branch unless authorized by Congress. May set up presidential advisory commissions
2. Appointment power: President can appoint officers and high-level officials with consent of Senate, inferior officers (when such power is given by Congress)
3. Removal power: President can remove high-level, purely executive officials without cause. President may be able to remove other executive officials for good cause based on statute (e.g., corruption, incompetence), independent regulatory agency appointees (without cause unless Congress passes a law requiring good cause
- Pardon power (plenary): President may grant pardons before charge or after conviction to federal criminals
- Veto power: Proposed legislation becomes law unless wholly vetoed within 10 days of passing legislation
a) Line-item veto is unconstitutional. President may only approve/reject a bill in toto
b) Legislative veto (Congress changes law by majority vote after president signs) is unconstitutional - Privileges: Absolute privilege to refuse to disclose national security secrets. Qualified privilege to confidential comm’n between president and advisors (balance confidentiality vs. purpose to reveal or not)
- Commadener-in-chief (military) powers (BREW)
BREW
1. battlefield tactical decisions
2. Respond to attacks (only Congress has power to initiate war),
3. emergency power (broad discretion to send troops abroad w/o declaration of war, whether or not Congress is in session),
4. wartime power (seize private property in wartime unless Congress denies it),
