(14) Constitutional Law: Judicial Review Flashcards
Article III Section 2 of the US Constitution
Federal Court Jurisdiction (based on Law)
Federal courts may hear cases or controversies (a) arising under the US constitution; (b) Federal law; (c) treaties of the US; (d) involving maritime jurisdiction.
Article III Section 2 of the US Constitution
Federal Court Jurisdiction (based on Parties)
Federal courts may hear cases or controversies (a) affecting foreign countries public officials; (b) when the US is a party; (c) between 2 or more states; (d) between a state and a citizen of another state; (e) between citizens of different states or citizens of the same state claiming lands of a different state; or (f) between a state (or its citizens) and a foreign state (or its citizens).
11th Amendment: State Sovereign Immunity
The 11th amendment prohibits a party from suing for monetary damages (a) a state or state agency; or (b) a state official for violating a state law in federal court.
Exceptions to 11th Amendment State Sovereign Immunity
Overview
Exceptions:
a. Consent
b. Injunctive Relief against a state official
c. Monetary Damages from a state official
d. Congressional Authorization
e. Lawsuits against local governments (i.e., cities, towns, counties), bankruptcy proceedings
Exceptions to 11th Amendment State Sovereign Immunity
Consent
The state explicitly consent to waive its 11th amendment protections.
Exceptions to 11th Amendment State Sovereign Immunity
Injunctive Relief
The suit only seeks injunctive relief against a state official for violations of the constitution or federal law.
Exceptions to 11th Amendment State Sovereign Immunity
Monetary Damages
The suit seeks money damages from a state official.
Exceptions to 11th Amendment State Sovereign Immunity
Congressional Authorization
The suit is trying to enforce rights created by the remedial provision of the 13th, 14th or 15th amendment and does so expressly.
What to analyze
Case or Controvery
Overview - SAMARAPI (A good Samarapi instead of samaritan)
1) Standing
2) Ripeness
3) Mootness
4) Advisory Opinions
4) Political Questions
5) Abstention
6) Adequate and Independent State Grounds (applies to Supreme Court only)
7) Incorporation Doctrine
Case or Controvery
Individual Standing
Standing
Article III of the Constitution limits federal courts to deciding actual cases or controversies. Therefore, a P must have standing to sue in federal court. Standing exists when the P establishes (1) injury in fact (personally suffered a concrete and particularized injury); (2) Causation (injury was caused by the D’s violation of the constitution or a federal right); AND (3) the injury is redressable by a court order.
How does a P show individual standing when seeking injunctive relief or declaratory relief?
Case or Controversy - Standing
When a P is seeking injunctive or declaratory relief, they must show that there is a concrete, imminent threat of future injury that is neither conjectural nor speculative.
3rd Party Standing
Case or Controvery - Standing
There is generally no 3rd party standing however an exception is made when: (a) there is a special relationship between the P and the 3rd party (i.e., dr/patient); (b) it would be difficult or the 3rd party would be unable to assert their own rights; OR (c) P suffers an injury and it adversely affects the P’s relationship with a 3rd party (organizational standing).
Do parents have a right to bring an action on behalf of their minor children?
Case or Controvery - 3rd Party Standing
YES
Organizational Standing
Case or Controvery - Standing
An organization may bring an action if it has suffered an injury.
An organization may also bring an action on behalf of its members if (1) the suit is related to an issue that is genuine to the organizations purpose; (2) the organizations members would have standing to sue; AND (3) neither the claim asserted nor the relief requested requires individual members participation.
*(3) Argue that everyone would benefit or that the organization has more resources.
Ripeness
Case or Controversy
A federal court will not hear a case until it is ready for litigation. A claim is ripe if a P experienced a real injury or imminent threat.
If the law being challenged is not yet enforced, is it ripe?
Case or Controversy - Ripeness
NO, If the law being challenged is not yet enforced then the claim is not ripe.
Mootness
Case or Controversy
A live controversy must exist at each stage of review, not just when the complaint is filed, unless (a) the wrong alleged is capable of being repeated and escaping review; (b) the D voluntarily stops the offending act but can start at any time; OR (c) Class action where at least one member of the class has an ongoing injury.
Advisory Opinions
Case or Controversy
A federal court cannot give advisory opinions or address hypothetical disputes.
[Note: Fact patterns involving a request for declaratory judgement are likely testing advisory opinion prohibition. – Keep in mind there must be a real and immediate danger to a party’s interest for there to be an actual dispute.]
Political Question
Case or Controversy
A federal court will not rule on a matter if it involves a political question to be resolved by one or both of the other two branches of government.
Abstention
Case or Controversy
A federal court may abstain from deciding a claim when strong state interests are at stake.
aka: undecided state law issues
Government Action / State Action
Case or Controversy
P must show that the violation is attributable to government action which applies to all levels of local, state and federal government.
State Action for Private Conduct Rule
Case or Controversy
Courts will find state action for private conduct when the conduct involves either (a) a traditional public function – powers traditionally and exclusively reserved to the government; OR (b) when significant government involvement exists to affirmatively authorize, encourage, or facilitate private conduct that is unconstitutional.
What is an example of a traditional public function?
This includes holding elections and a corporation operating typical government services (utility providers do not count).
Is a private school or college a state action when funded primarily with government funds?
NO, running a private school or college is not a state action even when said school is funded primarily by government funds.
Incorporation Doctrine
Case or Controversy
The incorporation doctrine makes most of the Amendments of the Bill of Rights applicable to the states. The only Amendments that are not incorporated are the 3rd (freedom from quartering soldiers), 5th (right to indictment by a grand jury); and 7th (right to a jury trial in civil cases).
*The 14th Amendment (equal protection) is incorporated into the 5th amendment making it applicable to the federal government.
13th Amendment Standing
The 13th amendment prohibits involuntary servitude for both government and private actors.
Who does this apply to?
Adequate and Independent State Grounds
Case or Controversy
This only applies to the Supreme Court
Adequate and Independent State Grounds
Case or Controversy
Supreme court will not have jurisdiction if State Court judgement can be supported on an adequate and independent state ground.
