Con Law Flashcards
Standing
A party has standing only if they can show a concrete stake in the outcome of the controversy. A plaintiff will be able to show a sufficient stake in the controversy only if they can show an injury in fact, caused by the defendant, that can be remedied by a decision in their favor.
Organizational standing
An organization can show standing to assert a claim on behalf of its members if
(1) the organization exists to advance the interests of its members;
(2) the members have standing; and
(3) the claim does not require the presence of all its members
State Action
The US Constitution generally prohibits government infringement of constitutional rights. Litigants must show the action is attributable to the state, including private individuals who
(1) are performing exclusive public functions, and
(2) have significant state involvement in their activities
Ripeness
A federal court will not hear a case before it has fully developed, to do so would be premature and any potential injury speculative.
Mootness
A case where the dispute has ended or was resolved before review is considered moot. However, such a case case can be heard when the wrong can be repeated, the defendant voluntarily ceased but can restart the offending practice, or in class action suits.
Supremacy Clause
If federal law preempts state law, state law will be invalid under the Supremacy Clause. A federal law impliedly preempts a statute if:
(1) federal and state laws are mutually exclusive (following one law means you are not following the other)
(2) state law impedes the objectives of federal law, or
(3) Congress evidences a clear intent to preempt the field
1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
2nd Amendment
A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
DC v. Heller further protects firearms for those not in a militia and for any lawful purpose, such as self-defense in a person’s home.
3rd Amendment
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Not controversial, not incorporated, and never litigated before the Supreme Court.
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
5th Amendment
No person shall be held to answer for a capital, or otherwise, infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
5th Amendment Applicability
The 5th only applies to individuals and is frequently used to protect persons for self-incrimination. It does not apply to corporations and does not apply to the compelled production of documents. It’s the home of the double jeopardy clause, the due process clause and takings clause, and the right to a grand jury. It also has an implied equal protection provision.
MBE - age requirement mandatory for military members uses this as authority.
6th Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
