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Bar Prep > 10. Constitutional Law > Flashcards

10. Constitutional Law Flashcards

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1
Q

What is the source for the federal judiciary?

A

Article III: “The Judicial Power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish”

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2
Q

How is the Federal Judiciary structured?

A

1) Must be a US Supreme Court in the federal judiciary (congress permitted but not required to create additional lower federal courts)
2) Most federal cases filed in US district court and then appealed to US courts of appeal
3) Some cases can be filed directly with US Supreme Court

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3
Q

What power do Federal Courts possess?

A

1) Decide cases and controversies
2) Limited subject-matter jurisdiction, including federal question and diversity jurisdiction
3) Judial review

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4
Q

What is judicial review?

A
  • Empowered to strike down statutes and acts of executive officials as unconstitutional
  • Marbury v. Madison - federal courts have the power “to say what the law is”
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5
Q

Where do limits on federal courts come from?

A

1) Article III
2) 11th Amendment
3) State Sovereign Immunity

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6
Q

What are the Article III limits on federal courts?

A

1) Only empowered to decide cases and controversies
2) Cannot issue advisory opinions (i.e., answers to legal questions they are interested in)
3) Opinions on whether proposed legislation (that has NOT been enacted) is constitutional

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7
Q

What is the general rule when it comes to suing states for money damages?

A

Cannot use any state for money damages in federal court UNLESS:
1) State consents to the suit; OR
2) Congress chose to abrogate that sovereign immunity through an enumerated power

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8
Q

What is limitation on the state sovereign immunity rule?

A

1) Protects states and state agencies, but does NOT protect:
- Local governments
- Individual state officers
2) Only extends to suits for money damages
- NOTE: You can generally seek injunctive relief against state officers (in a personal capacity), but federal courts cannot enjoin state courts or state law clerks

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9
Q

How may congress abrogate state sovereign immunity to enforce certain individual rights?

A

1) Congressional intent to abrogate immunity must be clear
2) Must be exercising power under the Civil War Amendments (13, 14, 15)
3) Cannot abrogate state immunity by exercising power under Article I

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10
Q

Is there implied consent by the states to be sued by the Federal Government?

A

Yes; the US government is permitted to bring suits against the states because state consent is implied by the states ratifying the Constitution

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11
Q

Aside from being sued by the Federal Government, what else does implied consent by the states to be sued apply to?

A

1) Actions brought by other state governments
2) Bankruptcy proceedings that impact state finances
3) Federally approved condemnation proceedings brought by private parties
4) Actions by private parties against a state pursuant to a federal statute enacted pursuant to Congress’s war and defense powers

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12
Q

What does “original jurisdiction” mean?

A

Allows limited cases to be filed directly to US Supreme Court

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13
Q

What does the US Supreme Court typically have original jurisdiction over?

A

Disputes between states

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14
Q

What are the two types of jurisdictions the US Supreme Court has?

A

1) Original Jurisdiction
2) Appellate Jurisdiction

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15
Q

How do most cases get to SCOTUS?

A

Write of certiorari

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16
Q

What happens when SCOTUS grants cert?

A

The lower court must deliver its record in a case so that it can be reviewed

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17
Q

T or F: SCOTUS’s docket is mandatory

A

False; SCOTUS docket is discretionary

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18
Q

How many SCOTUS justices must agree to grant cert?

A

4

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19
Q

What are the limitations to SCOTUS’s appellate jurisdiction:

A

1) Congress can create exceptions under Article III
2) Cannot hear case from a state court when there are adequate and independent state grounds for deciding case

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20
Q

When is Adequate and Independent State Grounds (AISG) relevant?

A

Only if the case:
1) Is in the US Supreme Court;
2) Arises through cert; AND
3) Has already been decided by a state court

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21
Q

What does it mean for state grounds to be adequate?

A

State law controls decision, regardless of how federal issue would be decided

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22
Q

What does it mean for state grounds to be independent?

A

State court’s ruling does not depend on an interpretation of federal law

NOTE: US Constitution sets the floor, not the ceiling for individual rights, and States can always create additional rights

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23
Q

What makes a case justiciable?

A

If it is subject to trial in court

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24
Q

What are standing limitations?

A

Limits on who can bring suit

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25
Q

What does standing require in terms of parties?

A

Two sides whose interests are opposed, and each side must be at risk of being harmed in a significant way if it were to lose

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26
Q

What does standing determine?

A

The proper parties to present a particular issue to the court for determination

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27
Q

What are the 3 constitutional elements to standing?

A

1) Injury in Fact
2) Causation
3) Redressability

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28
Q

What does “injury in fact” mean for standing?

A

1) Injury must be concrete (i.e., either actual or imminent)
2) Injury must be particularized (not abstract) (i.e., it cannot be common to all members of the public)
3) Injury need not be economic or monetary

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29
Q

What does “causation” mean for standing?

A

The injury must be caused by the defendant’s violation of the law

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30
Q

What does “redressability” mean for standing?

A

The relief requested of the court must be able to prevent or remedy the injury

31
Q

What are the 4 common standing doctrines?

A

1) Taxpayer standing
2) Organizational standing
3) Legislative standing
4) Third party standing

32
Q

What is the rule for taxpayer standing?

A

Taxpayers have standing to challenge their own tax assessment. No taxpayer standing to challenge government expenditures.

33
Q

What is the narrow exception to the taxpayer standing rule?

A

Any federal taxpayer has standing to challenge government expenditures that potentially violate the establishment clause

34
Q

What is the rule for organizational standing?

A

An organization may sue on behalf of its members IF:
1) The members would have standing to sue in their own right; AND
2) The interests at stake are germane to the organization’s purpose

35
Q

What is the rule for legislative standing?

A

Legislators lack standing to challenge laws they voted against, though the legislature may have institutional standing if the claim has something to do with its institutional functions (very rare)

36
Q

What is the rule for third party standing?

A

Generally not permitted, though some exceptions apply for unique relationships between the third party and the person whose rights they are raising.

37
Q

What are the 4 unique relationships that may permit third party standing?

A

1) Doctor-patient
2) School-student
3) Bartender-customer
4) Parent-minor child (may be limited to custodial parent)

38
Q

What are the 2 timeliness doctrines of justiciability?

A

1) Ripeness
2) Mootness

39
Q

What is ripeness?

A

A federal court will not consider a claim before it has fully developed or ripened. A case is not ripe if it is too soon for the court to hear the case.

Ex: green banana

40
Q

What is mootness?

A

Cases are overripe when there is no real controversy left to resolve between the parties.

Ex: brown banana

41
Q

What is the exception to mootness?

A

Cases capable of repetition yet evading review.

A case will not be dismissed as moot if:
1) A person will be subjected to the same action over and over again; AND
2) The action will not last long enough to work its way through the judicial system

42
Q

When does a political question arise?

A

1) The constitution assigns decision making authority on this subject to a different branch of government; OR
2) The matter depends on that person’s discretion such that there is no law for the judge to apply

43
Q

What is the political question rule?

A

Political questions are non-justiciable

44
Q

What are 2 examples of political questions?

A

1) How Congress uses its impeachment power
2) President’s power to negotiate a treaty

45
Q

What is the abstention doctrine?

A

Federal courts may abstain from deciding claims when there are strong state interests at stake.

NOTE: The court may not abstain from a case just to avoid hearing the case

46
Q

What are the 4 kinds of abstention doctrine?

A

1) Pullman abstention
2) Younger abstention
3) Burford abstention
4) Colorado River abstention

47
Q

What is Pullman abstention?

A

“UNSETTLED”

May abstain because there is unsettled state law

48
Q

What is Younger abstention?

A

“CRIMINAL”

May abstain from pending state criminal cases (unless obviously unconstitutional)

49
Q

What is Burford abstention?

A

“COMPLEX”

May abstain if parties are seeking injunctive relief that would interfere with a complex state regulatory scheme

50
Q

What is Colorado River abstention?

A

“SIMULTANEOUS”

May abstain if case is substantially similar to another case being heard in state court (think of floating down the river together)

51
Q

When does a taxpayer have standing to sue the federal government?

A

When the taxpayer’s suit:
1) Challenges legislation enacted under Congress’s taxing and spending power; AND
2) Alleges a violation of a specific constitutional limitation on that power (i.e., the establishment clause)

52
Q

What must Congress be able to show when they pass a law?

A

A provision in the Constitution authorizing the law

53
Q

What are the powers that rarely or never give Congress authority to pass a law?

A

1) The General Welfare Clause
2) Police Power
3) Necessary and Proper Clause

54
Q

What is the General Welfare clause?

A

Congress has no general power to legislate for general welfare, though it does permit Congress to exercise its power to tax and spend for any public purpose, including general welfare

55
Q

How do police powers relate to Congress?

A

Only states have general police power to enact laws to protect its citizens. Congress cannot commandeer state legislatures by forcing states to adopt or enforce federal regulatory programs

56
Q

What is the Necessary and Proper clause?

A

An important power of Congress, but not a freestanding power. Must be used in addition to another legislative power.

57
Q

What are the powers that usually give Congress authority to pass a law?

A

1) The Commerce Clause
2) The Taxing Clause
3) The Spending Clause

58
Q

How robust is the Commerce Clause?

A

It is the MOST robust power Congress enjoys in order to regulate interstate commerce because ALMOST ANYTHING can be regulated as interstate commerce

59
Q

What 3 forms of activity can Congress regulate under the Commerce Clause?

A

1) Channels of interstate commerce
2) Instrumentalities of interstate commerce
3) Any behavior that has a substantial effect on interstate commerce

60
Q

What is aggregation?

A

Behaviors can be judged in the aggregate (i.e., you can accumulate individual effects to make one big one) under the Commerce Clause

61
Q

What type of reasoning does Congress need to show to aggregate under the Commerce Clause?

A

Congress only needs a rational basis to conclude that the total incidence of the activity in the aggregate substantially affects interstate commerce

62
Q

T or F: If a behavior is economic in nature, a substantial effect on interstate commerce is presumed

A

True

63
Q

What are the limitations of the Commerce Clause?

A

1) Only limited power to regulate noneconomic intrastate (local) activity
- Impact of noneconomic local activities cannot be aggregated
- Requires detailed factual findings indicating a substantial effect on interstate commerce

2) Does not allow Congress to require individuals to engage in commerce

64
Q

What is the Taxing Clause?

A
  • Grants Congress broad powers to tax and spend
  • Congress can impose a tax, even if it does so to regulate behavior
  • Taxation need only be rationally related to raising money
  • Taxes can be imposed for any purpose; Congress need not prove the tax is necessary to a compelling interest
65
Q

What is the Spending Clause?

A
  • Permitted to spend for the general welfare (i.e., for any public purpose)
  • Can be used to incentivize behavior by the states by imposing conditions on federal funding
66
Q

What may Congress NOT due under their spending power?

A

1) Impose unconstitutional conditions
2) Enforce conditions that are ambiguous or not related to the program
3) Coerce state behavior with its spending conditions

67
Q

What does due process require when a public employee can only be fired for cause?

A

1) Notice of any alleged misconduct
2) A pre-termination hearing to respond to the allegation
3) A post-termination evidentiary hearing to determine if the dismissal was warranted

68
Q

How does the 10th Amendment limit Congress’s power to legislate?

A

By prohibiting commandeering, the 10th Amendment limits Congress’s power from requiring state or local governments to:
1) Enforce a federal law OR
2) Enact a state or local law

69
Q

When may the government interfere with the First Amendment freedom of association by punishment?

A

When the person being punished is:
1) An active member of a subversive organization;
2) Knows of the organization’s illegal objectives; AND
3) Specifically intends to further those objectives

70
Q

What does Section 2 of the 14th Amendment permit?

A

States to prohibit felons from voting in elections

71
Q

What does the 11th Amendment prohibit?

A

Foreign governments and private parties from suing a state in federal court without the state’s consent

72
Q

What does the enclave clause of Article I, Section 8 do?

A

Gives Congress plenary (i.e., exclusive) legislative power over the District of Columbia

73
Q

What does the Export Clause of the Taxing and Spending Clause do?

A

Prohibits federal taxation of:
1) Exported goods (goods leaving the US and shipped to foreign countries) AND
2) Services and activities closely related to the export process

74
Q

What is the usual level of scrutiny for equal protection challenges?

A

Rational basis

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