Bare Bones Con Law Flashcards
Article III JXN
Cases and Controversies
Cases and Controversies Requirements
Standing
Ripeness
Mootness
Political Questions
Standing Requirements
Injury in Fact or likelihood if seeking injunction
Causation–D caused injury
Redressable–favorable court can remedy
Standing Limitations
No generalized greviances Generally no third party standing Exception, person with standing in own right if: Special Relationship Unlikely to assert their own Organizational Standing
Organizational Standing
Organization can assert members rights if:
Members have standing;
Interests are germane to organization; and
Claim or relief does not require member’s participation
Ripeness
Claim must be ripe at all stages
Note: Extreme hardships suffered without pre-enforcement review claim may be ripe
Mootness
Injury ended after filing=moot
Exceptions to Mootness
Capable of Repetition but Evades Review
Voluntary Cessation
Class Action
Political Questions
Challenges to Republican Form of Government Clause
Challenges ti President’s Conduct of Foreign Policy
Challenges to Impeachment or Removal Proceedings
Challenges to Partisan Gerrymandering
Supreme Court Review
Most by Writ of Certiorari
Three Panel Federal Judges
Original and Exclusive JXN for suits between states
Writ of Certiorari
All State Cases must this way
Court of Appeals cases
Final Judgment
will generally only hear if final judgment from lower court
Adequate and Independent
If reversed on federal law and will not change outcome SCOTUS will not hear
Sovereign Immunity
11th Bars suits against states in federal Courts
Sovereign Immunity bars suits against states in state courts or federal courts
Exceptions to Sovereign Immunity
Waivers
14th Amendment (Article V)
Federal Gov sues States
Bankruptcy
Suits Against State Officers
OK if seeking injunctive relive
Suing them individually
Not allowed if state treasury will pay
Abstention
Fed courts may not enjoin pending state proceedings
Federal Legislative Power
Congressional Authority must be express or implied congressional power
No federal police power unless MILD
Necessary and Proper
Congress may do all things which are necessary and proper in carrying out their duties
Article 1 Section 8
Taxing and Spending
May do so for general welfare
Commerce Power
Congress may regulate:
Articles of Commerce
Instrumentalities of Commerce
Economic Activity which has substantial effect on interstate commerce
10th Amendment Limitations
Congress cannot compel state regulations or legislation
Can put conditions on grants as long as they are expressly stated and not unduly coercive
Congressional Delegation of Power
No limit on Congress power to delegate LEGISLATIVE powers
Must have Bicameralism and Presentment to act
May not delegate executive powers
NOTE: no legislative vetos or line item vetos
Federal Executive Powers
Two Types Foreign Policy and Domestic Affairs
Executive Foreign Policy
Treaties–require consent of Senate; will prevail if later than federal statute
Executive Agreement–no consent necessary; federal statute prevails
Broad powers to use troops in foreign countries
Executive Domestic Affairs
Appointment and Removal Powers
Executive Appointments
President appoints ambassadors; federal judges; and officers of US
Congress may vest appointment of inferior officers in President
Congress cannot give appointment power
Executive Removal Power
Unless limited by statute President may fire any executive branch office
For Congress to limit must be office independent from President, i.e. a Special Prosecutor
Congress cannot prohibit but only limit to good cause
Impeachment and Removal
President, VP, federal judges, and officers can be impeached and removed from office for treason, bribery, or high crimes and misdemeanors
Impeachment does not remove from office–trial forthcoming in Senate
Impeachment requires majority in House
Conviction requires 2/3 vote by Senate
Presidential Immunity
All civil suits for actions while in office
Does not have immunity for actions occurred prior to taking office
Executive Privilege
Applies to presidential papers and conversations but must yield to other important governmental interests