Constitutional Law Flashcards
(52 cards)
Ripeness
Ct won’t hear a case unless P’s been harmed or there’s an imminent threat of harm
Mootness
Issue has already been resolved
Individual Standing
1) Concrete and particularized injury;
2) Causality; and
3) Redressable
Third-Party Standing
1) P has individual standing; and either
2) 3rd party has difficulty asserting own rights; or
3) P’s injury adversely affects P’s relationship with 3rd party
Organizational Standing
1) Individual member has standing;
2) Injury is related to the organization’s purpose; and
3) Neither the nature of the claim nor the relief requires participation of the members
11th Amendment bars the following cases:
(1) Action against state gov’t for damages;
(2) Action against state gov’t for injunctive or declarative relief where the state is named as a party;
(3) Action against state gov’t officers where the effect of the suit is that retroactive damages will be paid from the state treasury or where state land would be taken away; and
(4) Action against state gov’t officers for violating state laws
For interstate commerce, Congress may regulate:
1) Use of channels of interstate commerce;
2) Instrumentalities of interstate commerce; and
3) Activities having a substantial effect on interstate commerce, even if purely intrastate
10th Amendment & Commerce Clause -
Coercion
Can’t require states to act in a certain way or impose a substantial penalty for failing to act
10th Amendment & Commerce Clause -
Commandeering
Can’t require state officials to act in aid of federal law without providing federal funding
Dormant Commerce Clause - State or local commerce law is invalid if it:
1) Discriminates against out of state competition to benefit local economic interests; or
2) Is unduly burdensome (the legitimate local benefits don’t outweigh the incidental burden on interstate commerce)
Dormant Commerce Clause Exceptions - A discriminatory state or local law may be upheld if:
1) It furthers an important non-economic interest and there aren’t reasonable nondiscriminatory alternatives;
2) Gov’t agency is a market participant;
3) Congress exempts state/local gov’t from DCC; or
4) Traditional public function
Article IV Privileges & Immunities Clause
Prohibits discrimination by a state against citizens (people) of other states as to fundamental rights
Article IV Privileges & Immunities Clause Exception
Discrimination against nonresidents requires that 1) nonresidents are part of the problem to be solved; and 2) there are no less restrictive means to solve the problem
Taxing Power
A tax is valid if it is reasonably related to revenue raising or is an activity Congress can regulate
13th Amendment - Involuntary Servitude
Congress can enact laws banning racial discrimination in private and public transactions
Contracts Clause
Applies against state/local law
Law may not substantially impair an obligation under private Ks unless it is 1) reasonably and narrowly tailored to promote 2) a legitimate and important state interest
Public Ks - if gov’t is a K party, look for K clause or provision of law authorizing the K and reserving the right to amend or revoke the K
Legislative Veto
Congress can’t attempt to overturn an executive agency action without bicameralism and presentment
Preemption
Federal law supersedes all conflicting state/local regulations
Express Preemption
Congress explicitly states that the law preempts all state/local regulations
Implied Preemption
1) Actual conflict between the laws
2) State law interferes with a valid federal objective
3) It appears Congress intended to occupy the entire field such that the federal law is comprehensive in scope and the federal gov’t creates an administering agency
Presidential Authority - Domestic Affairs
1) President acts with express/implied authority of Congress - act valid
2) Congress is silent - act valid if it doesn’t aggrandize or encroach another branch
3) Congress expressly declines to authorize - act invalid
Regulatory taking denies a landowner of all economic use
Total taking
Regulation that decreases the value of property by denying its most beneficial use but leaves an economically viable use
Not a partial taking unless Penn Central factors:
Social goals sought to be promoted, diminution in value to the owner, and owner’s reasonable expectations regarding use of the property
Temporary Moratorium on All Economic Use
Length of delay, planner’s good faith, economic effect of delay, and owner’s reasonable investment-backed expectations
