CON LAW Flashcards
ARTICLE III
Sets forth the federal judicial power and allows for the federal courts to hear cases interpreting:
1) the constitution
2) federal law
It also can hear disputes:
1) between states
2) states + foreign citizens
3) diversity cases
JUSTICIABILITY
Federal courts can only hear cases and controversies depending on:
1) what the case requests (NO ADVISORY OPINIONS)
2) When is it brought (ripe or moot?)
3) Standing?
RIPENESS
Prior to enforcement of law/policy, plaintiff shows:
1) issues are fit for a judicial decision AND
2) Plaintiff would suffer SUBSTANTIAL HARDSHIP
MOOTNESS
Requires a live controversy to exist throughout litigation and a continuing injury to plaintiff
MOOTNESS EXCEPTIONS
1) Issues capable of REPETITION
2) Defendant voluntary stops BUT CAN RESUME ACTING
3) Class Actions where one claim is still viable
STANDING
Three major elements:
1) Injury in fact
2) Causation
3) Redress
INJURY IN FACT
Plaintiff must suffer a CONCRETE AND PARTICULARIZED INJURY.
It must be PERSONAL and INDIVIDUAL
It must have ALREADY OCCURRED or IMMINENTLY WILL OCCUR
REDRESS
The courts must be capable of eliminating the harm complained of.
POLITICAL QUESTIONS
Cannot be decided by federal courts:
1) constitutionally committed to another branch OR
2) Incapable of resolution by courts
POLITICAL QUESTIONS EXAMPLES
1) Congressional procedures
2) President & Foreign policy
3) Political Gerrymandering
ADEQUATE AND INDEPENDENT STATE GROUNDS (SCOTUS JX)
If a state court ruling rests on 2 grounds:
1) state law
2) fed law
AND SCOTUS reversal will not change the outcome: NO SCOTUS JX
ARTICLE II: LEGISLATIVE POWER
Limited powers that must be traced to the Constitution.
Enumerated + necessary and proper (but not in violation of another provision)
TAXING AND SPENDING POWER
May be used for ANY PUBLIC PURPOSE not otherwise prohibited
SPENDING POWER CONDITIONS
Congress can impose CONDITIONS on money to state/local governments IF the conditions are:
1) Clearly stated
2) Relate to the purpose
3) NOT UNDULY COERCIVE
4) Don’t otherwise violate the Const.
COMMERCE POWER
Congress can regulate interstate commerce as follows:
1) Regulate CHANNELS
2) Regulate INSTRUMENTALITIES
3) Activities that have a SUBSTANTIAL EFFECT on IC
INTRASTATE REGULATION
Regulation UPHELD IF:
1) RATIONAL BASIS
2) for Congress to conclude
3) activity AGGREGATELY SUBSTANTIALLY EFFECTS IC
NON-ECONOMIC/COMMERCIAL ACTIVITY
Regulation DENIED if the intrastate regulation:
1) is NOT commercial or economic
2) UNLESS there is a DIRECT SUBSTANTIAL IC EFFECT
CONGRESSIONAL DELEGATION OF POWER: GENERAL RULE
Congress can delegate rulemaking/regulatory power as long:
1) GENERAL INTELLIGIBLE STANDARDS are set AND
2) the power is not UNIQUELY CONFINED to Congress
CLAIMS OF BROAD DELEGATION ON MAJOR QUESTIONS
Regulations that have extraordinary economic/political significance - Court looks at:
1) has agency HISTORICALLY ASSERTED the power AND
2) is there CLEAR CONGRESSIONAL AUTH’Z
ARTICLE II - EXECUTIVE POWERS
Vague duties to faithfully execute the laws
3 ZONES OF IMPLIED PRESIDENTIAL POWERS (YOUNGSTOWN)
1) Express or Implied Congressional Authority - MAXIMUM POWER
2) Congressional Silence - Court considers circumstances and relevant history - ZONE OF TWILIGHT (could go either way)
3) Acts AGAINST express will of Congress - ACTION IS INVALID
PRESIDENTIAL WAR POWERS
1) Commander in Chief
2) NON-JUSTICIABLE POLITICAL QUESTIONS (usually)
STATES: GENERAL POLICE POWERS
Under the 10th amendment, states have general police powers to:
1) regulate the health, safety, and welfare of the people
RULE: Regulations upheld if they are RATIONAL, UNLESS:
1) They burden a fundamental right or involve suspect/quasi-suspect classifications.
ANTI-COMMANDEERING
Congress cannot COMPEL states to enact state laws or enforce federal laws.
SUPREMACY CLAUSE: EXPRESS PREEMPTION
Fed law can expressly state that states may not adopt laws concerning the subject matter of the federal law.
SUPREMACY CLAUSE: IMPLIED PREEMPTION
1) Conflicting laws: Both laws would be impossible to follow - state law impliedly preempted
2) State law prevents federal objective from being achieved: Preempted
3) Field Preemption: A federal law can occupy the entire field, barring state law EVEN IF NONCONFLICTING
SUPREMACY CLAUSE: PRESUMPTION AGAINST PREEMPTION
State laws are PRESUMED not to be superseded UNLESS there is a CLEAR AND MANIFEST PURPOSE BY CONGRESS
ARTICLE 4: PRIVILEGES & IMMUNITIES CLAUSE
Prevents discrimination by state AGAINST NONRESIDENTS (exceptions apply)
ONLY important COMMERCIAL ACTIVITIES and FUNDAMENTAL RIGHTS ARE PROTECTED
Clause only applies to INTENTIONAL DISCRIMINATION
ARTICLE 4: P&I TEST
State law burdening important commercial activity or fundamental right invalid UNLESS:
1) it is necessary to achieve an IMPORTANT gov purpose AND
2) there are NO LESS RESTRICTIVE MEANS
STATE REGULATION OF COMMERCE
Where no congressional law exists in the area, states may regulate interstate commerce as long as the LAW DOES NOT:
1) Discriminate against OR
2) Unduly burden IC
DISCRIMINATORY STATE LAWS: COMMERCE
State laws that discriminate against IC ARE ALMOST ALWAYS INVALID
It may be VALID IF:
1) necessary to achieve an important NONECONOMIC state interest AND
2) NO REASONABLE nondiscriminatory alternatives exist
