Con Law Flashcards
Fed Court Jurisdiction
Limited to:
1) legal/equitable cases under Constitution, Laws of United States, and Treaties;
2) Cases re: ambassadors, public ministers, and consuls;
3) admiralty and maritime jurisdiction;
4) cases where U.S. is a party;
5) cases b/w States;
6) cases b/w State and citizens of another State;
7) cases b/w citizens of different States (diversity jurisdiction)
11th Amendment
Prohibits citizens from suing their own or other States for federal claims for damages w/o that State’s consent.
Applies not only to diversity suits but to federal question cases, as well.
BUT: Congress can authorize private suits to compensate for violations of the 13/14/15 Amendments.
Exceptions to 11A
1) Suits against state officials for abusing their power in enforcing an unconstitutional statute.
2) Federal suits brought by one state against another state, or suits brought by the federal government against a state.
3) Most suits for injunctions; e.g., private citizen may sue to enjoin state official from acting in violation of plaintiff’s constitutional rights.
4) State consents by clearly and unequivocally waiving its 11A immunity.
Case or Controversy Requirement
A real and substantial dispute that touches legal relations of parties with adverse interests and that can be resolved by a judicial decree.
No advisory opinions =/= no declaratory judgments. Declaratory judgment is when court determines legality of proposed conduct without awarding damages or equitable relief.
Mootness
Case or controversy already resolved, so moot.
Not dismissed for mootness if “capable of repetition, yet evading review.” Typically, abortion.
Ripeness
Ripeness bars claims before they have fully developed. Court considers:
1) Fitness of issues for judicial determination, AND
2) Hardship to parties from withholding judicial consideration.
Abstention
Federal court may abstain from hearing case if there are undecided issues of state law presented. Allows state court resolution w/o reaching constitutional questions.
When state criminal proceedings are pending, federal court will abstain in suit seeking to enjoin state prosecution, absent showing of bad faith harassment by state prosecutors. Has been extended to cases where:
A - state civil proceedings had commenced, AND
B - Civil contempt hearings had begun.
Standing
Requires:
1) direct and personal injury (actual or imminent)
2) Pff will benefit from remedy sought.
Taxpayers don’t have standing to challenge allegedly Unconstal expenditures.
Usu. can’t assert 3Ps’ rights. Except:
1) Special relationship exists b/w interests of claimant and constitutional rights of 3P, OR
2) 3P unable or finds it difficult to bring suit on its own behalf.
3) Association asserting claims of members if:
(A) Members have standing, and
(B) Interest asserted is germane to association’s purpose,
(C) neither claim nor relief require participation by individual members in lawsuit.
Political Questions
Factors to find PQ:
1) Constitution text commits issue to other branch
2) lack of judicially discoverable/manageable standards for resolving
3) impossible to decide w/o initial policy determination
4) requires court to disrespect other branches
5) unusual need for unquestioning adherence to political decision already made
6) potential embarrassment from inconsistent pronouncements by different departments on one question
Jurisdiction of SCOTUS
Original Jurisdiction:
1) Ambassadors / public ministers / consuls
2) States are a party
3) Congress may not change SCOTUS’s OJ.
Grounds for cert:
1) Circuit splits
2) Split b/w 2+ state supreme courts
3) split b/w state SC and CoA
4) unimportant, unresolved issues
Adequate and Indep State Grounds
1) SCOTUS refuse to hear if supported on adequate and independent state grounds.
2) If not clear from opinion, SCOTUS may:
(A) obtain clarification from state court, OR
(B) assume involves fed law and hear case.
10A
Prevents Congress from commandeering the legislative processes of States by directly compelling them to enact and enforce federal regulatory programs.
Commerce Power
Substantial effect upon interstate commerce.
Cumulative effect doctrine expands significantly.
Taxing Power
Tax upheld if:
1) Raises revenue or
2) Was intended to raise revenue
16A authorizes income tax.
Spending Power
Can spend for the “General Welfare.”
Conditional grants to states are okay if:
1) serves general welfare
2) condition is unambiguous
3) condition relates to federal program
4) state not required to violate constitution
5) amount in question not so great as to coerce state into accepting
Reconstruction Amendments
13A - bans slavery
14A - prohibits states from violating DP, EP, and P&I
15A - prohibits states from discriminating in voting rights
To enforce 14/15, Congress must show:
(A) State govts –> widespread violations of A
(B) Legislative remedy is “congruent with and proportional to” violations
Article 1 Sec 10 Prohibits States from:
1) treaties
2) coining money
3) bills of attainder
4) ex post facto
5) impairing obligation of contracts
6) duties on imports/exports, except where necessary for executing its inspection laws
7) engaging in war
8) maintaining a peacetime army
Dormant Commerce Clause
Limitations on ability of states to regulate interstate commerce.
1) Law that discriminates on face b/w in-state and out-of-state actors, state must show:
(A) regulation serves a compelling state interest, AND
(B) regulation narrowly tailored to serve that interest
2) Law incidentally burdens interstate commerce:
(A) Regulation serves important state interest, AND
(B) burden on interstate commerce isn’t excessive in relation to interest served
3) When states act as market participants, they may freely discriminate between in-state and out-of-state businesses.
4) Congress may authorize states to legislate in areas that would violate Dormant Commerce clause.
State Taxation of Interstate Commerce
Four factors to determine whether tax discriminates against or unduly burdens interstate commerce:
1) must be substantial nexus between activity taxed and the taxing state,
2) tax must be fairly apportioned,
3) tax must not discriminate against interstate commerce.
(A) Tax favoring local commerce over interstate commerce will be invalidated under Commerce Clause.
4) Tax must be fairly related to services provided by state.
Fundamental rights receiving strict scrutiny
1) vote
2) travel
3) privacy
4) 1A rights
5) family rights
Abortion
1) Protected privacy interest in choosing abortion before viability.
2) After viability, State may regulate/proscribe.
3) Can’t require spousal notification or consent before abortion..
4) Parental consent allowed if no judicial bypass.
5) No right of indigent to receive govt funded abortion.
6) State may prohibit use of public facilities and publicly employed staff in performing abortions.
7) Federal ban on partial-birth abortions allowed.
Family Relations
Fundamental right for related persons to live together.
SCAMPERD
Sexual orientation Contraception Abortion Marriage Possess obscenity Education, private Relatives to live together Die (refuse med treatment)
14A Priv or Imms
1) Interstate travel
2) Petition Congress for redress of grievances
3) Vote for nat’l offices
4) Enter public lands
5) Be protected in US Marshal custody
6) Assemble peacefully
Article IV Sec 2 P&Is
Prohibits states from discriminating against non-residents with respect to rights/activities fundamental to nation.
Facial discrimination against out-of-staters on these issues = violation, unless regulation specifically targets problem rising from non-resident’s behavior.
Can’t be used by corporations. Only DCC
Dormant Commerce Clause
Facial discrimination: strict scrutiny.
Incidental burden: is burden disproportionate to benefit?
Contract Clause
1) Only state legislation, not state court decisions or federal government.
2) Private K may be modified by legis if regulation serves important public interest and is narrowly tailored.
Religion & Lemon Test
1) Secular purpose
2) Principal effect/purpose doesn’t advance/inhibit religion
3) Doesn’t entangle govt w/ religion
Free Speech
Govt may not censor all speech.
May not, few exceptions, content-based discrimination.
Strict scrutiny for direct burdens.
Indirect burdens: important/substantial government interest and restriction no greater than necessary for that purpose.
Speech regulation: in public place, can have reasonable restraints on time/manner/place as long as alternative is left open.
