justicibility

Question 0

R.A.M.P.S.

Answer 0

Ripeness
Advisory Opinions
Mootness
Political Questions
Standing

Question 1

case and controversy requirement

Answer 1

requires actual and definite dispute
between parties with
adverse legal interests.

Question 2

Standing

Answer 2

concrete personal stake in outcome.
Injury-in-Fact
Causation
Redressibility - will the relief sought remedy the harm

Question 3

Advisory Opinions

Answer 3

Constitution forbids issuing advisory opinions on constitutionality of legislative or executive actions that do not grow out of a case or controversy.

Question 4

constitutional requirements for
alleged injury
to have standing

Answer 4

distinct and palpable

not abstract, conjectural, or hypothetical

fairly traceable to the challenged action

relief likely to follow from a favorable decision.

Question 5

political question examples

Answer 5

foreign relations,
guarantee clause, 
impeachment, 
termination of hostilities, 
gerrymandering...

Question 6

Essay Statement on Federal Jurisdiction

Answer 6

Federal courts are courts of limited jurisdiction.

Question 7

Two types of Federal Jurisdiction

Answer 7

Law based Federal Jurisdiction - cases arising out of the constitution, federal law and admiralty and maritime law

and

Party based federal jurisdiction
  US govt is a party
  State v State
  State V other States citizens
  Citizens from different states with $75k in controversy
  Foreign diplomats.

Question 8

11th Amendment Prohibition - General

Answer 8

individuals can’t sue states for money damages in state or federal court

Question 9

Exceptions to 11th Amendment prohibition

Answer 9

1. states and fed gov can sue each other
2. cities and counties not covered.
3. injunctive relief available
4. Waiver - clearly, expressly, and unequivocally.
5. Enforcement powers - overcome state sovereign using powers to enforce the 13, 14, or 15th amendment

Question 10

Essay statement - Enforcement Powers

Answer 10

Congress can overcome state sovereign immunity when using its enforcement powers.

Question 11

Standing to sue in Federal Court

Answer 11

Injury in Fact - actual or imminent injury
Causation - Conduct must have caused P’s injury
Redressability - Litigation must be able to address P’s injury

Question 12

Standing and 3rd Parties

Answer 12

1. Special Relationship - interests connected to 3rd Parties Constitutional Rights
2. Incapacity - party unable or discouraged from bringing suit on own behalf

Question 13

3 Prong Test for an Organization to have standing on behalf of members

Answer 13

1. Member Standing - members have standing to bring action? injury,causation,Redressability.
2. Purpose of Association - organizations purpose related to interests asserted in the suit?
3. Member participation not required - members all have same claim and remedy applies to all?
   * Where the purpose of the organization is to protect the constitution generally this is probably a trap*

Question 14

Ripeness - Defined

Answer 14

If no injury, the court is issuing an advisory opinion

federal courts do not issue advisory opinions.

Question 15

Mootness

Answer 15

Where the suit is too late for a federal decision to do anything.
There is no redressability.
If court cannot redress issue then it is an advisory opinion.
Federal courts do not issue advisory opinions

Except: CORYER
Capable of repetition yet evading review.

Question 16

When the answer is “Ripeness” or “Mootness” the question is most likely…

Answer 16

declaratory judgement

Question 17

Political Question - defined

Answer 17

matters assigned to other branch of the constitution

or incapable of a judicial answer.

Question 18

2 most important factors determining whether the political question doctrine applies.

Answer 18

1. Textual commitment - text of constitution leaves decision to another branch of government.
2. No standards - question political not legal in character
   court cant’d develop standards for lower courts to apply.

Foreign affairs is a frequently tested political question topic.

Question 19

Abstention - When will court abstain

Answer 19

1. state law is unclear and state court has not interpreted the meaning.
2. state proceeding is ongoing and when party goes to federal court.

Question 20

Adequate and Independent State Grounds

Answer 20

no cases from a state court of last resort
if state courts decision is supported on state law grounds.

These grounds only apply to the Supreme Court

EXCEPTION - STATE FOLLOWS FED
Where state constitutional provision is the same as the fed,
state court interprets it as the same,
not sufficient, adequate, independent state law ground.

Question 21

Congress Power over the Courts

Answer 21

Can do what it likes with lower courts.
Cannot prohibit USSC from hearing cases based on federal law.

Cannot take case from appellate category and put in original jurisdiction

Question 22

Jurisdiction of the USSC

Answer 22

Original jurisdiction.
Foreign diplomats and states

Appellate jurisdiction - federal law or constitution are at issue.

Question 23

Legislative Power

Answer 23

Congress has the powers given to it and no others.
Federal laws based in power given to congress by constitution
and must not violate or conflict with a constitutional right.

State laws must not conflict with a constitutional right.

Question 24

Federal Police Power or Promote the General Welfare

Answer 24

Powers do not exist in the federal government Except the District of Columbia or some other federal territory

Question 25

3 Sources of Power for Congress to Legislate

Answer 25

1. Enumerated Powers - commerce and taxing and spending. 2. Enabling Clauses of the 13th 14th and 15th amendment 3. Necessary and Proper Clause - choice of means. Always used in conjunction with another power (by itself will usually be a wrong answer)

Question 26

Commerce Power - Categories Congress can regulate under the commerce power

Answer 26

1. Channels 2. Instrumentalities 3. Activities substantially affecting interstate commerce even if purely intra state

Question 27

Substantial Effect Doctrine

Answer 27

Congress can regulate economic activity that substantially effects, directly or indirectly, interstate commerce

Question 28

Cumulative Effect Doctrine

Answer 28

total of all similar actions to determine if a substantial effect. ie farmer growing crops own consumption and when combined with all other farmers doing the same thing has a substantial effect on interstate commerce.

Question 29

Limits on Commerce Power

Answer 29

no regulation of INTRA-state non-economic activity Possession of a handgun - not an economic activity Violent crime - not an economic activity Loansharking - is an economic activity EXCEPTION - Comprehensive Scheme

Question 30

Comprehensive Scheme Exception to Limitation of Commerce Power

Answer 30

congressional program or comprehensive scheme aims at interstate economic activity, can sweep up isolated instances of non-economic activity if necessary to make program effective Gonzales v Raich

Question 31

Commerce Power and State Sovereign Immunity

Answer 31

Cannot overcome state sovereign immunity. Cannot use commerce power to create private cause of action for money damages against a state. can bar racial discrimination by private parties in activities connected with interstate commerce, but it cannot bar racial discrimination by a state so that private parties can enforce law by seeking money damages. Must use 13th, 14th and 15th amendments for that.

Question 32

Taxing Power

Answer 32

Congress has power to impose and collect taxes to pay debts for the general welfare. upheld provided one of 3 categories: 1. Objective - does raise revenue? 2. Subjective - intended to raise revenue? 3. Regulatory - If congress can regulate it, it can use its taxing power

Question 33

Spending Power and Conditioning State Funds | 5 elements

Answer 33

Congress May condition receipt of federal money provided 1. It is for the General Welfare 2. Condition is unambiguous 3. Relates to a federal program 4. State not required to undertake unconstitutional actions 5. amount is not so great to be coercive

Question 34

Congressional Powers under Article I Section 8

Answer 34

Declare War Raise and support the army Provide and maintain a navy Organize, arm, and call out the militia establish military courts to gain jurisdiction over members of the armed forces, court-martial proceedings, and try enemy combatants.

Question 35

War Powers and Congress

Answer 35

enact draft Set prices and wages during wartime Civilian Exclusion - can confine citizens to a particular area.

Question 36

13th Amendment

Answer 36

Bans Slavery - apples to individuals and states

Question 37

14th Amendment

Answer 37

Prohibits states from violating due process, equal protection, and privileges and immunities

Question 38

15th Amendment

Answer 38

Bans racial discrimination in voting

Question 39

Enforcement of the Civil War Amendments

Answer 39

14-15 apply only to states, not private individuals Congress needs to show there is a problem action needs to be congruent and proportionate. If valid 14th or 15th amendment legislation, congress can overcome state sovereign immunity

Question 40

Delegation of Congressional Power

Answer 40

Congress can create agency and delegate power to make rules that have force of law and preempt state law. if agency is guided by intelligible principle limiting discretion.

Question 41

Chief Executive Powers - List

Answer 41

``` Enforcement of laws Appoint high level officials Removal power Veto power Pardon power Executive Privilege ```

Question 42

Limits on Presidential Pardon Power

Answer 42

Only offenses against the US - no state crimes or civil liability Cannot undue impeachment and return individual to office

Question 43

Veto Process

Answer 43

President has 10 days to sign or veto. president does nothing - bill becomes law. Pocket Veto - congressional term expires within 10 day period, bill dies without a presidential signature. Cannot be overridden. Line item veto is unconstitutional because it allows the president to amend laws without bicameralism and presentment.

Question 44

Presidential Removal Power

Answer 44

Can remove executive officials at will executive officials with fixed terms only for cause Federal judges - only removed by impeachment

Question 45

Congressional approval/removal

Answer 45

Congress cannot require approval for removal or | give itself power to remove executive officials.

Question 46

Special Prosecutor Rule

Answer 46

Special Prosecutor investigating president | cannot be removed by the president.

Question 47

Presidential Privilege

Answer 47

absolute privilege regarding national security secrets. confidential communications are presumptively privileged. need for communication is weighed against purpose requested for

Question 48

Commander in Chief Powers

Answer 48

Congress has the power to declare war. President may respond to attacks but not initiate war president only prevails with respect to battlefield decisions.

Question 49

President and International Affairs - Treaties, Executive Agreements, federal Law and State Law conflicts.

Answer 49

Treaties prevail over earlier federal statute. always trumps state law can enter into agreements with foreign nations. need not be ratified. statutes trump executive agreements Executive agreements trump state law

Question 50

Congressional limits on the executive

Answer 50

congress acting within powers - valid law - congress wins president not above the law. Can impeach for treason, bribery, and other high crimes and misdemeanors (whatever congress decides they are). the president has no power to impound congressionally authorized funds.

Question 51

Presidential Limits on congress

Answer 51

Veto Override by 2/3 majority

Question 52

Nature and Scope of Federal and State Powers - General Rule

Answer 52

Federal Government is a government of limited powers. States have police power

Question 53

Immunity of Federal Government

Answer 53

Sovereign Immunity - cannot be sued without consent Supremacy Clause - Supreme over state law federal function immunity - fed gov and agencies are immune from state taxation that interfere with a federal function.

Question 54

Immunity of State Governments

Answer 54

11th Amendment - State Sovereign Immunity Immunity from federal taxation if tax is applied to either 1. Unique State Government activity 2. Essential State Govt functions Anti Commandeering Doctrine - cannot make state govts act in their sovereign capacity - require state to act either to pass legislation or enforce federal law.

Question 55

Avoiding Commandeering Problem

Answer 55

Fed cant require state action but can use spending clause to achieve same effect. Prohibitions are not commandeering

Question 56

Dormant Commerce Clause - Rule

Answer 56

States cannot discriminate against out of state goods or economic actors. This applies to state taxes as well. Except Congressional Authorization Market Participant Doctrine - state participating in market, not subject to dcc restriction.

Question 57

State law discriminates on its face against out of state goods or economic actors - rule

Answer 57

Regulations serves a COMPELLING state interest and NECESSARY to the COMPELLING state interest STRICT SCRUTINY APPLIES

Question 58

State law is not facially discriminatory against out of state goods and merely incidentally burdens interstate commerce

Answer 58

Regulation serves an IMPORTANT STATE INTEREST does not EXCESSIVELY BURDEN INTERSTATE COMMERCE BALANCING TEST APPLIED.

Question 59

State Action Requirement

Answer 59

Constitution protects against state and state actions, not against private actors except for slavery.

Question 60

2 Exceptions to State Action Requirement

Answer 60

1. Public Function Theory - private actor performs traditional government functions - Company Town 2. Significant State Involvement - Private actors considered public actors when actions are closely encouraged and supported by the state - entwinement between state and private organization 3. 13th Amendment - no state action requirement.

Question 61

What Powers does the Congress have over the jurisdiction of the courts?

Answer 61

Congress can do what it likes with the jurisdiction of the lower courts. Congress cannot take a case from SC appellate jurisdiction and assign the SC original jurisdiction (Marbury v Madison)

Question 62

Dormant Commerce Clause - Facially Discriminatory Legislation

Answer 62

Strict Scrutiny Regulation serves a Compelling State Interest necessary to serve that interest

Question 63

What is the Public Function Theory

Answer 63

private actor performs traditional government functions - Company Town exception to rule that constitution protects individuals from state action only

Question 64

Exceptions to the Dormant Commerce Clause

Answer 64

Market Participant doctrine - states act as consumer or individual participants in the market. Congressional authorization to discriminate against out of state actors

Question 65

Dormant Commerce Clause and State Taxation

Answer 65

Applies the same as the dormant commerce clause taxes must be non-discriminatory cant excessively burden interstate commerce

Question 66

Significant State Involvement Theory

Answer 66

Exception to constitutional protections apply only to state actions. private action closely encouraged by state and are sufficient entanglements to be considered a state actor