Constitutional Law Flashcards
(48 cards)
Federal Judicial Review
Requirements for Cases and Controversies (i.e. Justiciability Doctrines)
**1. Standing
a. Injury (past or future; personal)
b. Causation and Redressability (defendant
caused injury and a favorable ct decision
will remedy injury)
c. No 3rd party standing (close relationship
exception, 3rd party is unlikely to be able
to, organization on behalf of its
members)
d. No generalized grievances
**ON MBE, if they ask which has best standing, look first for personal injury then at who has economic injury
- Ripeness (pre-enforcement review)
a. hardship suffered w/out it
b. fitness of issues and the record for
review - Mootness (events after filing end P’s injury)
-Exception: wrong capable of repetition but
evading review (abortion), voluntary
cessation, Class Action suits - Political Question Doctrine (constitutional
violations fed ct. will NOT adjudicate)
a. Republican form of gov’t clause
b. challenges to pres’ conduct of foreign
policy
c. challenges to impeachment and removal
process
d. challenges to partisan gerrymandering
How Supreme Court Can Hear Cases
- By writ of certiorari
-State Court cases
-US Ct of App cases - Appeals of three-judge fed dist. ct. skip fed
ct of app and goes straight to S.Ct. - S.Ct. has exclusive/original jurisdiction for
suits between state gov’ts
When S.Ct. Can Hear Cases
- upon final judgment of the highest state court; OR
- of a US Ct of App; OR
- a three-judge federal district court
Rule on S.Ct. reviewing state court decisions that rest on 2 grounds
S.Ct. can review a state court decision that rests on two grounds, one state law and one fed law, ONLY if there is NOT an independent and adequate state law ground for the decision
(AKA if their reversal of the fed. law ground will NOT change the result in the case, then the S.Ct. can’t hear it)
Lower Federal Court Review
Sovereign Immunity
- 11th Amendment bars suits against states in federal court (even if based on federal claims)
- S.I. bars suits against states in state courts or federal agencies
Exceptions:
- Waiver by state (must be EXPLICIT)
- Sued under fed laws under Section 5 of 14th Amendment
- Fed gov’t can sue state gov’t
- Bankruptcy proceedings (student loans)
When Lawsuits Against State Officers Are Allowed
- for injunctive relief
2. for money damages to be paid by THEM (NOT if the state treasury will be paying)
Abstention in lower federal ct review
Federal courts may NOT enjoin/hear pending state court proceedings (even if the fed ct would have jurisdiction over it)
Federal Legislative Power
Congress’s Authority to Act
- Express or Implied Congressional Power
-NO police power except: Military, Indian
reservation, federal lands, District of
Columbia) - Necessary and Proper Clause-any means not
prohibited by Constitution - Taxing/Spending Power and Commerce
Power
a. for general welfare (affordable care act)
b. Commerce power: regulate channels of
interstate commerce, regulate
instrumentalities and persons or things,
regulate economic activities that have a
substantial effect on interstate commerce - 10th Amendment as a limit: all powers not
granted to the US, nor prohibited to the
states, are reserved to the states (Congress
can’t compel state regulatory or legislative
action but can prohibit harmful commercial
activity by state gov’t) - Power under Section 5 of 14th Amendment (Congress can’t create new rights or expand the scope of existing ones but can prevent or remedy violations if PROPORTIONATE AND CONGRUENT to remedying the violations)
Delegation of Congress’s Powers
- NO limit exists on their ability to delegate legislative power
- Legislative vetos (without bicameralism) and Line-item vetos (by president) are UNCONSTITUTIONAL
- Congress can’t delegate executive power to itself or its officers
Federal Executive Power
Foreign Policy: Treaties
Treaties (only effective when ratified by Senate)
- Treaties beat conflicting state laws
- Treaty vs. Federal Law= most recent/last one adopted wins
- Treaty that conflicts with Constitution is invalid
Federal Executive Power
Foreign Policy: Executive Agreements
Executive Agreements (effective when signed by the press and head of a foreign nation)
- Can be used for ANY purpose (have never been found unconstitutional)
- Prevail over state laws
- NEVER prevail over conflicting federal laws or Constitution
Federal Executive Power
Foreign Policy: President’s Use of Troops in Foreign Countries
President has broad powers as commander in chief to use american troops in foreign countries (never has been found to be unconstitutional)
Federal Executive Power
Domestic Affairs: Appointment Power
- President is ONLY one who appoints
- Congress can VEST appointment in the President, heads of departments, or lower federal courts
- Congress CANNOT give itself or its officers appointment power
- President CANNOT make recess appointments for intrasession recesses that are less than 10 days
Federal Executive Power
Domestic Affairs: Removal Power
-President can fire any exec branch officer (unless limited by statute)
- For congress to limit removal, it must:
1) be an office where independence from the president is desirable (can’t limit pres’ ability to fire his cabinet members but CAN limit pres’ removal of special prosecutor/independent counsel); and
2) Congress CAN’T prohibit removal, just limit it when there is good cause
Domestic Affairs: Impeachment and Removal
- Can be impeached and removed for treason, bribery, or for high crimes and misdemeanors
a. impeachment does NOT remove a person from office
b. Impeachment by the House of Reps requires a majority vote; conviction in the Senate requires 2/3 vote
President’s Absolute Immunity
Pres has absolute immunity in civil suits for money damages for any actions WHILE in office (but NOT any actions that occurred before he took office)
President’s Executive Privilege
Pres has executive privilege for presidential papers and conversations, but this privilege yields to other important government interests (like having evidence in a criminal trial)
Presidential Pardon
- Pres can pardon anyone accused OR convicted of FEDERAL crimes (only exception is that you CAN’T pardon a president who’s been impeached)
- Pres can pardon ONLY those facing criminal liability, NOT civil liability
Federalism
3 Types of Preemption/Supremacy Clause
Supremacy Clause: Constitution and laws/treaties made pursuant to it are THE LAW OF THE LAND
- Express: federal statute explicitly says it
preempts state laws - Implied: fed. statute is silent on preemption
but
a. If federal and state laws are mutually
exclusive, federal law preempts it
(exception: States can set environmental
standards unless Congress clearly
prohibits its)
b. If state law impeded the achievement of
a federal objective then federal law will
preempt
c. if congress evidences a clear intent to
preempt state law, federal law will
preempt it (fed. immigration law ALWAYS
preempts state laws that attempt to
regulate immigration) - States may NOT tax or regulate federal government activity (inter-governmental immunity) (it’s unconstitutional to pay state tax out of federal treasury)
Federalism
Dormant Commerce Clause
(AKA: Negative Implications of the Commerce Clause)
1) Authority for Congress to act =CC
2) Limit on what state courts can do=DCC
DCC= State/local law is unconstitutional if it places undue burden on interstate commerce, UNLESS it is necessary to achieve an important government purpose, AND, NO less discriminatory regulation would suffice to reach the gov’ts objective
- the DCC is not expressly in constitution
- the burdens must exceed the benefits
**if a CORPORATION is challenger of discrimination=ONLY DCC analysis; BUT IF state or local law discriminating against out of stater PERSON/CITIZEN, then BOTH DCC AND P&I of Art. IV.
- Exceptions:
1) Congressional approval
2) Market Participant (state schools charging less to in-state students b/c it’s a gov’t owned business)
Federalism
Privileges and Immunities Clause of Article IV
- An anti-discrimination provision
- *ONLY applies when state discriminates against out-of-staters!
-Says that no state may deny citizens of other states the privilege and immunities of its own citizens or the fundamental rights or important economic activities/ the right to earn a living, UNLESS it is necessary to achieve an important gov’t purpose
**if a CORPORATION is challenger of discrimination=ONLY DCC analysis; BUT IF state or local law discriminating against out of stater PERSON/CITIZEN, then BOTH DCC AND P&I of Art. IV.
-Corporations and Aliens CANNOT use this
Federalism
Privileges and Immunities Clause of 14th Amendment
ALWAYS WRONG ANSWER UNLESS QUESTION INVOLVES THE RIGHT TO TRAVEL
State taxation of interstate commerce
- States may not use their tax systems to help in -state businesses
- A state may only tax activities if there is a substantial nexus to the state
- State taxation of interstate businesses must be fairly apportioned
Full Faith and Credit From One State Court to Another
Courts in one state must give FF&C to judgments in other state courts as long as:
1) the court that rendered the judgment has JURISDICTION (both in personam and SMJ)
2) Judgement was on the MERITS
3. Judgment was FINAL
