Con Law Flashcards
Federal courts cannot issue:
Advisory opinions
What are advisory opinion?
Decisions that lack an actual dispute between adverse parties or lack any legally binding effect on the parties.
What are the elements for ripeness?
- The issue is fit for judicial decision AND
- P would suffer substantial hardship in absence of review
Is an issue fit for judicial review if it relies on uncertain or contingent future events?
No
What is mootness?
A live controversy must exist at all stages of review otherwise it is moot
What three situations are not considered moot?
- the controversy is capable of repetition but evades review because it is short in duration
- D voluntarily stops the offending practice but can resume it
- Class actions where the class rep’s controversy is moot but another member is still viable
Ripeness bars consideration of claims ___ they have been developed; mootness bars their consideration ___
before
after
What are the three elements of standing?
- Injury
- Causation
- Redresssability
What is an injury in fact?
- A particularized injury (affects P in a personal and individual way)
- A concrete injury (not hypothetical)
Do people have standing as “citizens” or “taxpayers”
No
Does a tax payer have standing to challenge their tax bill?
Yes
Do people have standing to challenge congressional spending?
Yes
Are political questions decided by Article 3 courts?
No
What kind of actions does the 11th amendment prohibit federal courts from hearing?
The 11th amendment prohibits federal courts from hearing most private actions against state governments. This prohibition includes actions in which the state is a named party or in which the state would have to pay damages.
May Congress remove the 11th amendment immunity?
Yes, as to actions created under the 14th amendment
Can the SC exercise jurisdiction if the state court judgement is based on adequate and independent state law grounds?
No
Where does Congress have police power type powers?
DC, federal lands, military bases, and Indian reservations
Can the necessary and proper clause, standing alone, support federal law?
No
What is the N&P clause?
Congress has the power to make all laws N&O (appropriate and rational) to carry out any of the legislative powers enumerated in Article I.
What are the taxing & spending power?
Congress has the power to tax and spend to provide for the general welfare.
Can non spending regulations be supported by the general welfare clause?
No
When can Congress impose conditions on the grant of money?
- If the conditions are clearly stated
- Relate to the purpose of the program
- Not unduly coercive
- Do not otherwise violate the Const.
When are federal taxes upheald?
When they bear some reasonable relationship to revenue or to promoting the general welfare and is not a penalty that compels behavior
To be within Congress’s CC power, a federal law regulating interstate commerce must either:
- Regulate the channels of interstate commerce (highways, internet)
- Regulate the instrumentalities of IC (planes, trains, cars) and persons and things in IC OR
- Regulate activities that have a substantial effect on IC int he aggregate
Can Congress regulate purely intrastate activities?
Yes if there is a RB to conclude the activity in the aggregate substantially affects IC and the activity is commercial in nature
Can Congress regulate inactivity through the CC?
No
Can Congress prohibit private discrimination in activities that might have a sub effect on IC through the CC?
Yes
Does congress have plenary power over aliens?
Yes
When can Congress delegate rule making or regulatory power to another branch?
As long as intelligible standards are set and the power isn’t something uniquely confined to Congress
What process is required to pass a law?
Bicameralism and presentment
Does the President have a line item veto power?
No
What are the guiding principles to a presidents inherent or implied powers (Youngstown)?
- If president acts with the express or implied authority of Congress, pres. authority is at its max and likely valid
- Congress is silent, courts will look to history, likely won’t be upheld if it usurps another branches power
- Pres. acts against express will of Congress action likely invalid
May Congress alone appoint members of a body with administrative or enforcement powers?
No
Who can appoint inferior officers?
President, the courts, or heads of departments
Who can the President remove?
- High level, purely executive officers (Cabinet members) at will
- Head of independent agency if that person is the sole director
How con Congress remove people?
Through the impeachment process
Does the president have the power to declare war?
No
Does the president have paramount power when it comes to foreign relations?
Yes
How can the president enter into treaties?
w/ consent of 2/3 senate
What is the hierarchy of US law?
Const., treaties and federal statutes (last in time prevails), executive agreements, state law
What are states police powers?
States can regulate health, safety, and welfare of their people
The Article IV privileges and immunities clause prohibits discrimination by a state against ___
nonresidents
Are corporations and aliens protected by Article 4 PIC?
No
What is the standard for Article 4 PIC?
If a state law burdens an important commercial activity/fundamental right, it will be invalid unless the law is necessary to achieve an important government purpose AND there are no less restrictive means available.
Even where Congress has not acted, the CC restricts state regulation of IC unless:
The state does not favor local economic interests or unduly burden IC
if a state or local regulations discriminates against IC, it will be invalid unless:
- It furthers an important, noneconomic state interest and there are no reasonable nondiscriminatory alternatives OR
- The state is a market participant
What does it mean for a regulation to discriminate against IC?
Treats economic interests from within a state different than economic interests from outside the state
