Attack Outline Flashcards
FEDERAL JUDICIAL POWER (A3S1) - Judicial Review: Judiciary may review [C.I.Q.]
- Constitutionality of federal law
- If state law is inconsistent with federal law
- Final state court decisions on CON/Federal questions
FEDERAL JUDICIAL POWER (A3S1) - XI Amendment: The Rule plus the 3 ways to bypass it (C.I.L)
Sovereign Immunity extends to all private un-consenting actions brought by persons in federal courts against states.
Bypassed by 1. CONSENT, 2. INJUNCTION against official 3. LOCAL govt/institutions unless “arm of the state”
FEDERAL JUDICIAL POWER (A3S1) - Justiciability - No Advisory Opinions (6 doctrines) [A.S.R.M.P.A.]
- No advisory opinions: Review must have concrete legal effect
- Standing: (I(CPA).C.R)1. Injury in Fact (Concrete, particularized, and either actual/imminent.) 2. Causation 3. Redressability
- Ripeness: (Except review of law if P will suffer from enforcement/is from the prospect)
- Mootness: P must have live controversy at all stages of review (except 1. Repeatable wrong 2. Voluntary Cessation 3. Class action)
- Political Question: If either 1. Constitutionally assigned to other branch 2. Inherently incapable of judicial resolution
- A.I.S.G.: If decision has force from state law and fed Q is irrelevant
FEDERAL JUDICIAL POWER (A3S1) - Standing (I(CPA).C.R.)
- Injury in Fact
a. Concrete,
b. particularized, and
c. either actual/imminent.) - Causation
- Redressability
FEDERAL JUDICIAL POWER (A3S1) - Federal Court Jurisdiction
S/C OG from CON, Else up to full A3 depending on LEG
Lower Court: Very existence of lower courts is subject to LEG
S/C OG: No modification by LEG:
1. Ambassadors,
2. ministers,
3. state party
S/C AP: Modification allowed but no directing rules of decision
CONGRESS: Regulation General Concepts: (Necessary and Proper) [L.S.F]
- No federal police power, only enumerated;
- LEG case = federalism
- If Necessary and Proper, Congress may do
a. ends legitimate,
b. within scope,
c. not forbidden)
CONGRESS: Commerce: [C.I.S.]
(1) Channel
(2) Instrumentality
(3) Substantial effect (Lopez)
- Aggregation principle (Wickard)
Expands from Old Standard of Commerce Clause before FDR to include manufacturing/production and indirect regulation; which previously was outside of CC authority.
CONGRESS: Taxing and Spending: Sebelius
Limited by mechanism rather than subject.
Sebelius: LEG can’t order people to do stuff but they can tax/spend to encourage behavior
CONGRESS: Taxing and Spending: DOLE TEST [G.U.G.C.N]
Conditional federal-state funds: okay if elements true
1. General welfare
2. Unambiguity
3. Germaneness; and
4. Constitutional compliance
5. No Severe Coercion (Sebelius, existing funding/substantial funds)
CONGRESS: Other Powers:
XIV-XVS5: (Due Process/Equal Protection) [R.C.S.]
- Remedial or preventative, but may not expand the right. (Boerne)
- Must be congruence between means/ends
Explanation: Legislation enacted under §5 must generally deter or prevent conduct that itself would violate the Fourteenth Amendment. - State action doctrine: Can’t use S5 powers against private individuals, only grants
power to regulate those capable of violating CON (states)
CONGRESS: Other Powers that are not XIII-XV, or Taxing/Spending: Other enumerated powers are: [R.I/C/S.L]
- Regulatory
- At individuals/corporations/states
- But with limits on the regulation of states by Congress (under Anti-Commandeering Principle)
CONGRESS: Treaties
Self executing treaties are enforceable without an act of congress
Non-self executing treaties need domestic legislation
If expands past LEG enumerated powers (valid); If shrinks individual rights (invalid);
Congress - Regulation of the States - New York
New York: FEDs may not compel states to action, but may pre-empt or incentivize
Congress - Anti-Commandeering Principle Generally
Anti-Commandeering Principle: If within the scope of enumerated power, still subject to analysis under the ACP if directed at states.
ACP: Congress has no power to command the state (or their political subdivisions) [or their officers] to take affirmative steps to govern their residents according to federal directives.
Four Limits [S.A.E.C]
1. Sovereign vs. proprietary capacities “Generally applicable legislation” (states can be objects of federal regulation)
2. Only forbids requirement of affirmative acts (Prohibitions are A-OK)
3. Can encourage states to act according to federal instructions with conditional spending (Dole test)
5. Can command state courts because of the Supremacy Clause
Relevant when:
1. Congress regulates states with an enumerated power that is not remedial XIVS5 (or other post reconstruction amdmts)
2. Limits on congressional power with regard to
a. generally applicable regulations b. in areas generally regulated by states Lopez: Schools/Crime Morrison: Torts
Congress: Anti Commandeering Principle Four Limits [S.A.E.C]
Four Limits [S.A.E.C]
1. Sovereign vs. proprietary capacities “Generally applicable legislation” (states can be objects of federal regulation)
2. Only forbids requirement of affirmative acts (Prohibitions are A-OK)
3. Can encourage states to act according to federal instructions with conditional spending (Dole test)
5. Can command state courts because of the Supremacy Clause
Congress: Two situations where ACP becomes relevant:
- Congress regulates states with an enumerated power that is not remedial XIVS5 (or other post reconstruction amdmts)
- Certain limits on congressional power with regard to
a. generally applicable regulations, in
b. areas generally regulated by states Lopez: Schools/Crime Morrison: Torts
