Constitutional Law (Outline)

Question 1

What is the core ideas of Marbury v. Madison?

Answer 1

(1) the constiution is the paramount law and (2) the Supreme Court has final say in it’s intepretation.

Question 2

What Amendment Limits Federal Jurisdiction?

Answer 2

The 11th Amendment

Question 3

What suits are barred by the 11th Amendment?

Answer 3

1) Citizen of State A vs. State B in federal Court: Citizens of a state from suing another State in Federal Court
2) A foreign State from suing a state in federal court.
3) citizens of a state from suing their own state in federal court (absent that state’s consent or another exception)
4) Suits against State officals in federal Court for violating State law
5) State A vs. State B in State A’s Court

Question 4

What is categorically not barred by the 11th Amendment?

Answer 4

(1) actions against local governments (ie. counties, cities)
(2) Actions by the U.S. Government
(3) Actions by another State against Another State in Federal Court
(4) Bankrupcy Proceedings

Question 5

Five Exceptions to the 11th Amendment

Answer 5

1. Consent
2. Injunctive Releif
3. Damages to be paid by an indivigual
4. Prospective Damages
5. Congressional Authorization

Question 6

What was the Consent Federal jurisdication by a state government in Lapides v. Board of Regents

Answer 6

state removal of a case to federal court constituted waiver

Question 7

What is the Injunctive Releif exception to the 11th Amendment?

Answer 7

A state offical (rather than the state) may be enjoined from enforcing a state law that either violates federal law or **may be compelled to act in accord with federal law despite state law to the contrary. **