Con Law Flashcards
Federal Jurisdiction
All cases in law and equity arising under the Constitution, treaties, laws, controversies involving the US as a party or between states, as well as cases involving citizens not from the same state.
What control does Congress have over court jurisdiction?
Congress may alter appellate jurisdiction. Original jurisdiction is established by the Constitution. Congress may not disturb any decisions that are final.
Where does the SCOTUS have original jurisdiction?
Any case where a state is a party, involves ambassadors, public ministers and consuls.
What is State Sovereign Immunity?
11th Amendment: states are immune to being sued by citizens unless the state consents. Sovereign Immunity may be abrogated under the 14th amendment to civil rights. Congress must show an express intent to abrogate and it must be proportional and congruent tot he harm that is being caused. Sovereign Immunity does not prevent state officials from being sued in their official capacity, seeking declaratory or injunctive relief or for violations of federal law done outside the scope of their employment.
When is a case or controversy justiciable?
Justiciability refers to the types of matters that a court can adjudicate. If a case is “non-justiciable,” then the court cannot hear it. Justiciability rulings usually arise either when a court does not have power to hear the case under the Constitution or it is imprudent to exercise judicial power. Specifically, the court must not be offering an advisory opinion, the plaintiff must have standing, the parties must not be feigned or collusive, and the issues must be ripe but neither moot nor violative of the political question doctrine. Typically, these issues are all up to the discretion of the court which is adjudicating the issue.
Standing
Standing refers to the capacity of a plaintiff to bring suit in court. Typically, the plaintiff must have suffered an actual harm by the defendant, and the harm must be redressable.
Ripeness
A claim is ripe when the facts of the case have matured into an actual controversy. A case is not ripe if the harm to the plaintiff has not yet occurred.
Mootness
A claim is moot if the relevant issues have already been resolved. The court may still hear the case if:
1) the defendant voluntarily stopped and may continue at any time
2) issue is capable of easy repetition
3) the plaintiff is a member of a class action suit
Political Question
Under the political question doctrine, a court will refuse to hear a case if the relevant issues are politically charged. Federal courts can also not interpret state law without a federal question.
Tax and Spend powers
Congress the power to “lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States. Typically, the power is used to raise revenues for the general support of government. But, Congress has employed the taxing power in uses other than solely for the raising of revenue. The Supreme Court has held that Congress may incentivize state governments via appropriations of federal funds to adopt and enforce federal policy goals that otherwise would lay beyond the powers of the federal government directly to impose.
Preemption
Under the Supremacy clause, the Federal government is the supreme authority for the laws of the land and supersede state laws. Express preemption is clearly stated in the legislation. Field Preemption occurs when the government reaches out to cover all aspects of a certain field. Implied preemption occurs when there is a direct conflict between state and federal laws or when the objectives of the laws are in opposition.
Anti-commandeering Principle
The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers . . . to administer or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case-by-case weighing of the burdens or benefits is necessary.
Dormant Commerce Clause
The Supreme Court has identified two principles that animate its modern Dormant Commerce Clause analysis. First, subject to certain exceptions, states may not discriminate against interstate commerce. Second, states may not take actions that are facially neutral but unduly burden interstate commerce. Discriminatory laws are reviewed under strict scrutiny and require a legitimate purpose that cant be satisfied by other methods or are clearly excessive when compared to their benefits. Laws that do not discriminate on their face uses intermediate scrutiny and the Pike balancing test. 1) is there a legitimate goal 2) is it rationally related to that goal 3) is it no more burdensome than necessary.
How can a third party action be covered by the Constitution?
1) That action is traditionally and exclusive government action
2) There is a mutual benefit for the government and the third party
3) the private actor acts from a nexus point of government action
4) the government is inextricably intertwined with the actions of the third party, often when government officials have control over the actions of the third party within their government duties
What is Due Process for Property Interests?
The takings clause expressly requires compensation where the government takes private property for public use. Before the government can take private property they must first give sufficient due process under the 5th amendment, extending to the states through the 14th. Once a right is given it cannot be taken away without due process guaranteeing notice and the right to be heard. 3 step test balancing: the individuals interest, the governments interest, and the risk of erroneous decisions.
