Con Law Flashcards
when can a court hear a case?
federal courts are limited in that they can only hear cases and controversies which is an actual dispute between adverse parties where a court can provide relief. The plaintiff must have standing and the case must be ripe, but not moot and cannot call on the court to issue an advisory opinion or address a political question.
standing
determines whether the P is the proper party to bring the matter to court. to have standing a party must have suffered an injury caused by the D and the court must be able to provide redressability
Injury for standing
the P may only assert injuries that they personally suffered
it must be distinct, concrete, and palpable, as well as occurring or imminently likely to occur
if the P is seeking injunctive or declaratory relief, they must show a likelihood of future harm
causation and redressability
the P must allege and prove that the D caused the injury so that a favorable decision is likely to remedy the injury
bar on 3rd party standing
A P cannot assert claims of others, of third parties, who are not before the court
exceptions to 3rd party standing
(1) the P must have standing (2) the absent third party must have standing on their own under (3) there must be a sufficiently close relationship between the plaintiff and the absent 3rd party (4) there must be an obstacle preventing the absent 3rd party from suing.
Exception: an organization may sue for its members, if
- The members would have standing to sue
- The interests are germane to the organization’s purpose
- Neither claim nor relief requires participation of individual members
No generalized grievances
P cannot sue solely as a citizen or as a taxpayer interested in having the govt follow the law
Exception: taxpayers have standing to challenge govt expenditures pursuant to federal or state or local statutes as violating the establishment clause
1. Can challenge federal law providing monetary aid to parochial schools
2. No standing: govt grants of property, expenditures from general executive revenue, tax credits that benefit religious institution
Ripeness
The doctrine determines WHEN the litigation may occur. If the court considers a case to be not sufficiently evolved (premature) the court will not listen to it because it tends to by hypothetical and speculative. this doctrine tends to overlap with the bar on advisory opinions and the injury element of standing. By only hearing cases that are ripe, the court avoids wasting resources.
mootness
requires a controversy at every stage of the suit and if events after the filing of a lawsuit end the P’s injury, the case must be dismissed as moot Exception: wrong capable of repetition but evading review (pregnancy) Exception: voluntary cessation: if the defendant voluntarily halts the offending conduct, but is free to resume it at any time, the case will not be dismissed as moot. Exception: class action suits. Class action will not be dismissed if the named P’s claim becomes moot so long as one member of the class has an ongoing injury
political question doctrine
refers to constitutional violations that the federal courts will not adjudicate
1. Constitutionally committed to another branch or inherently incapable of judicial review
Examples of Non justiciable political questions
- The republican form of govt clause
- Challenges to the P’s conduct of foreign policy
- Impeachment and removal process
- Partisan gerrymandering
Adequate and independent state grounds
To review state court decision there must not be an independent and adequate state law ground of decision. If the state court decision rests on 2 grounds, one state law and one federal law, if the SC reversal of the federal law will not change the result in the case, the SC cannot hear it.
state may be sued under the following circumstances
a. Explicit waiver
b. Federal laws adopted under section 5 of the 14th amendment. congress cannot authorize suits against states under other constitutional provisions
c. Federal govt may sue state govts
d. Bankruptcy proceedings
Suits against state officers are allowed
a. State officers may be sued for injunctive relief
b. State officers can be sued for money damages to be paid out of their own pockets
c. State officers may not be sued if it is the state treasury that will pay retroactive damages
Abstention
federal courts may not enjoin pending state court proceedings
congress’s authority to act
congress may only act when it has express or implied authority to do so. there is no general federal police power except in MILD
necessary and proper clause
congress may enact any law it deems necessary and proper to enforce the powers of any govt branch
congress taxing and spendign power
congress may tax and spend for the general welfare (revenue production)
commerce power allows congress to regulate
channels: highways, waterways, phones, etc
instrumentalities: boats, planes, trucks, phones, etc.
economic activities that have a substantial effect on interstate commerce
(in area of non-economic activity, a substantial effect cannot be based on cumulative impact. Also five justices have said the congress cannot regulate inactivity
i. Intrastate activity can be regulated ifit is economic or commercial in nature and the court can conceive a rational basis on which congress could conclude the the activity in the aggregate substantially affects interstate commerce
Tenth amendment as a limit on congressional powers
All powers not granted to the US nor prohibited to the states, are reserved to the state or the people
- Congress cannot compel state regulatory or legislative action. congress can induce state govt action by putting strings on grants so long a the condition are expressly stated and relate to the purpose of the spending program but cannot be unduly coercive.
a. congress cannot commandeer state authority or resources meaning that congress cannot force states to adopt any particular law nor can they make a state use their own resources to enact a law - congress may prohibit harmful commercial activity by state govts
14th amendment limitation of congress’s power
congress may not create new rights or expand the scope of rights. Congress may act only to prevent or remedy violations of rights recognized by the courts and such laws must be proportionate and congruent to remedying constitutional violations
Delegation of powers
- No limits on congress’s ability to delegate legislative power
- Legislative vetoes and line item vetoes are unconstitutional (unconstitutional)
- Congress cannot delegate executive powers to itself or its officers
foreign policy: treaties
agreements between US and a foreign country negotiated by president and ratified by congress
- Treaties prevail over state laws
- If a treaty conflicts with a federal statute, the one adopted last in time controls
- If a treaty conflicts with the US Constitution it is invalid
foreign policy
an agreement between the US and a foreign country that is effective when signed by the President and the head of the foreign nation
- Executive agreements can be used for any purpose
- Executive agreement prevail over conflicting state laws, but never federal laws or constitution
- Limits on recognition power. Congress by statute to designate the capital of a foreign country
- The president has broad discretion in determining whether to admit individuals to the US
- President has broad powers as Commander in Chief to use American troops in foreign countries (best answer political question or President wins due to broad powers
Domestic affairs
appointment: president officers and congress may appt inferior officers
President may not make recess appts during intrasession recesses that are less than 10 days
removal
unless removal is limited by statute, the president may fire any executive branch officer. For con congeess to limit removal:
a. It must be an office where independence from the President is desirable and
b. Congress cannot prohibit removal, it can limit removal to where there is good cause and
c. It cannot be a single person who heads an agency and exercises substantial discretion
Impeachment and removal
can be impeached for treason, bribery, high crimes and misdemeanors
house: majority
senate: 2/3
presidential immunity
civil suits for money damages for any actions while in office. However, the President does not have immunity for actions that occurred prior to taking office
immunity to keep his financial records from being subpoenaed by a state grand jury, but if the financial records are subpoenaed by a congressional committee, the court must balance the competing interests (importance, broad narrow subpoena, other avenues)
presidential privilege
for presidential papers and conversations, but such privilege must yield to other important government interests
can pardon those accused or convicted of federal crimes: pardons only can be for federal crimes, not state crimes and not civil liability
preemption
constitution, laws, treaties are the supreme law of the land
express preemption
federal statute explicitly says that federal law is exclusive in a field, there is express preemption
implied preemption
- If federal and state laws are mutually exclusive, federal law preempts state law
- If state law impedes the achievement of a federal objective, federal law preempts state law
- If congress evidences a clear intent to preempt state law, federal law preempts state law (inter-govt immunity) states cannot tax the federal govt or regulate it
Dormant commerce clause
state and local laws are unconstitutional if they place an undue burden on interstate commerce. It is inferred through the power of Congress to regulate the states.
privileges and immunities clause
state may not deprive citizens of other states of privileges and immunities it accords its own citizens
Privileges OR immunities clause of 14th amendment
states may not deprive its citizens of privileges or immunities by fed govt
DCC ANALYSIS
Does the state law discriminate against out of staters?
- If the law burdens interstate commerce, it violates the DCC unless it is necessary to achieve an important govt purpose (help in state business at expense of others) (but state natural resources protection and it is necessary and no less discriminatory alternative can achieve its objective)
a. Exception: congressional approval
b. Exception: the market participant exception. A state or local govt may prefer its own citizens in receiving benefits from govt programs or in dealing with govt owned businesses
i. Tuition to in-state is less than out-of-state people
ii. Govt owned business - If law discriminates against out of staters with regard to their ability to earn a livelihood, it violates the privileges and immunities clause of article IV unless it is necessary to achieve an important govt purpose
a. Law must discriminate against out of staters
b. Discrimination must be with regard to fundemental rights or important economic activities
c. Corporations and aliens cannot use the privileges and immunities clause
d. Discrimination must be necessary to achieve an important/substantial govt purpose
State taxation of interstate commerce
State may not use their tax systems to help in state business
A state may only tax activities if there is a substantial nexus to the state. A state may require that out-of-state businesses collect sales taxes, even if they do not have a physical presence with the state, so long as they have a substantial nexus to the state
State taxation of interstate businesses must be fairly apportioned
individual liberties
the constitution applies only to state or federal actors not private. but congress by statute may apply constitutional norms to private conduct
- The Thirteenth Amendment can be used to prohibit private race discrimination
a. Only slavery or involuntary servitude violate the Thirteenth Amendment, but Congress may use this power to adopt laws prohibiting private race discrimination. - The commerce power can be used to apply constitutional norms to private conduct
- Congress cannot use section 5 of the Fourteenth Amendment to regulate private behavior
a. Congress only may use this power to regulate state and local government
- The public function exception
The Constitution applies if a private entity is performing a task traditionally exclusively done by the government
- The entanglement exception
The Constitution applies if the government affirmatively authorizes, encourages, or facilitates unconstitutional activity but strong supervision by govt does not apply
Bill ofrights
is applicable through incorporation due process of 14th amendment except 3, 5,7
Levels of scrutiny
- Rational basis test: a law is upheld if it is rationally related to a legitimate govt purpose
a. Challenger has burden - Intermediate scrutiny: upheld if it is substantially related to an important govt purpose
a. Govt has burden of proof - Strict scrutiny: upheld if it is necessary to achieve a compelling govt purpose
a. Govt has burden of proof
b. Necessary: govt has to show no less restrictive alternative can achieve the objective
