Constitutional Law: Federalism & Separation of Powers Flashcards
(47 cards)
Federal Court Jurisdiction
Article III of the Constitution grants federal courts jurisdiction to hear:
- cases raising a federal question (constitution, law, regulation)
- diversity of state citizenship
- foreign gov’t reps (ambassadors)
- US as a party or state v. state
Supreme Court Jurisdiction
The Supreme Court has original (trial) jurisdiction over cases in which a state sues another state.
The Court has discretionary jurisdiction over appeals from the federal courts of appeals, final judgment from highest state courts (where the decision does NOT rest on adequate grounds independent of federal questions), and direct appeals from three-judge federal district courts if provided by statute.
Live Case or Controversy Requirement
Article III requires a live case or controversy, which means that parties must have standing, the claims must be ripe for review, and not moot.
Standing
Standing requires that plaintiff has or will suffer an actual or imminent injury that is personal, concrete, and particularized, and is redressable by court.
- a generalized interest in having gov’t obey the law is insufficient.
- being a taxpayer does not give one standing against government
- exceptions: parents and associations may sue on behalf of others.
Ripeness
Ripeness doctrine limits premature adjudication of abstract disagreements.
Consider whether the plans of both the plaintiff and defendant are finalized enough so that the case is not too speculative or uncertain:
- will pff actually be affected by the law; and
- has def finished deciding what action it will take.
Mootness
For federal courts to exercise jurisdiction, there must be a LIVE controversy through every stage of appeal.
Mootness: Exceptions
Three situations where court will hear moot cases:
- harm is capable of repetition, but will evade review. Cases where challenged gov’t action is of too short a duration to last through the years of trial and appeal. ex: pregnant women unable to obtain an abortion.
- where there are collateral consequences to judicial decision. Ex: criminal def whose sentence ends before appeal is done. court will hear case because of the future collateral consequences of the conviction.
- prevent government from returning to challenged activity. Where court believes that government cessation of illegal activity is merely a ruse to end the litigation and that the gov’t will return to activity when case is over.
Political Questions
The Supreme Court generally will decline to hear cases posing political questions, which should be decided by one of the political branches of government.
Factors for determining whether a political question:
- whether constitution commits the issue to congress or the president.
- whether there is a lack of “judicially manageable standards” for resolving the dispute
- whether the court’s resolution would show a lack of respect for the other branches of gov’t
- whether there is the potential of embarrassment, especially in foreign policy, if court disagrees with congress or president.
Definite political questions: impeachment; procedure to amend constitution; election of congress members; foreign policy and military affairs; guaranty clause.
The Powers of Congress
Congress has limited lawmaking authority and must draw power to pass every statute from an express or implied constitutional provision.
- Congress has no general police power to regulate to promote the general welfare.
- Most important powers-regulating interstate commerce; taxing; spending; war and defense; control of federal property and D.C.; enforcement of the Reconstruction Amendments; and conducting investigations.
Necessary and Proper Clause
Congress’ enumerated powers are expanded by the NPC, which permits Congress to regulate as necessary to carry out its enumerated powers.
The Commerce Clause
The Constitution grants to Congress power to regulate the channels, instrumentalities, and activities which affect interstate commerce.
Commerce: Channels of Interstate Commerce
The channels of interstate commerce refers to actual exchanges that cross state lines.
*ex: the lottery case. SC held that statute making it a crime to transport lottery tickets across state lines.
Commerce: Instrumentalities of Interstate Commerce
The instrumentalities of interstate commerce are methods of interstate transportation: railroads, buses, etc.
Commerce: Substantial Impact on Interstate Commerce
Congress may regulate even local activity in a single state if the activity has a substantial impact on interstate commerce.
*Court has upheld: environmental regulation of a coal mine; criminalization of local loansharking; ban on racial discrimination by hotels and restaurants who use substantial resources that traveled interstate.
Commerce: Aggregation Principle
Even where activity is local and has little commerce effect in isolation, Congress may regulate the activity, if in the aggregate, it has a substantial affect on interstate commerce.
*MBE uses the term “inseverable aggregates” to refer to this concept.
Limits to the Commerce Power
Local, non-economic, criminal activity is beyond the power of Congress.
*ex: Lopez–simple possession of guns does not substantially impact interstate commerce.
Congress’ Tax Power
The Constitution gives Congress broad powers to impose taxes so long as A purpose is to raise revenue and not SOLELY to regulate.
Direct v. Indirect Taxes
The Constitution divides taxes into two categories: direct & indirect. Income taxes are direct taxes, and almost all others are indirect.
Equal apportionment of direct taxes among the states is NOT required per the Sixteenth Amendment.
Indirect taxes must be uniform (i.e., the tax must apply to every state in the same basic way. In order to meet the uniformity requirement, (1) the tax must be defined in non-geographic terms, and (2) there must be no motive to harm a particular region of the country.
Congress’s Spending Power
The Constitution grants Congress power to spend for the general welfare, although Congress may NOT regulate for the general welfare.
Conditional Spending
Congress may condition its spending on the recipients’ (states’) agreement to perform some act. The condition must be (1) unambiguous; and (2) related to the federal interest in the funded program.
Enforcement of Reconstruction Amendments: Thirteenth Amendment
The Thirteenth Amendment’s prohibition on slavery extends to private actors; thus, Congress may prohibit private and government actors from engaging in slavery or involuntary servitude.
*ex: Congress can make it a crime for one individual to compel another to work off a debt.
Enforcement of Reconstruction Amendments: Fourteenth Amendment
The Fourteenth Amendment permits Congress to enforce the due process and equal protection requirements for state actors. Congress has only the power to remedy violations, not to create new rights. To prove that a law is a remedy, Congress must show (1) a significant history and pattern of unconstitutional action; and (2) the remedy is limited to preventing the proven unconstitutional actions.
*Fourteenth Amendment allows Congress to override the Eleventh Amendment to allow citizens to sue states for money damages.
Enforcement of Reconstruction Amendments: Fifteenth Amendment
The Fifteenth Amendment permits Congress to legislate to prevent voting discrimination, both intentional and in effect.
Lawmaking: Bicameralism & Presentment
The Constitution requires that both the Senate and the House pass the same bill by majority vote. The bill must then be presented to the President, who may either sign or veto the ENTIRE bill (i.e., no line item veto).
- these requirements only apply to laws, acts with the purpose and effect of altering the legal rights, duties, and relations of persons.
- Congress cannot delegate legislative power to a subset of congress or a committee.
