Con Law Flashcards
Eleventh Amendment immunity?
No federal jurisdiction over any suit for damages against a state by a private citizen. Also no suits in state court alleging state violated federal law.
Suits against state officials allowed?
Against state officials in their official capacity if seeking injunctive relief.
Can congress limit state’s immunity?
Abrogation of immunity allows congress to remove state’s immunity if:
1. congress must explicitly state its intent to abrogate state immunity AND
2. Congress must be legislating under the 13th, 14th, or 15th amendment.
Case and Controversy Requirements
- Standing
- ripeness
- mootness
Standing requirements
- Injury in fact
- Causation
- redressability
Ripeness
past injury or threat of real and immediate injury
What can congress regulate through the commerce clause
- uses of the channels of interstate commerce
- instrumentalities of interstate commerce
- economic activity that substantially affects interstate commerce
What is an economic activity for the purposes of the commerce clause?
The production, distribution, sale, or buying of goods or services
When can congress use its tax power
produces some revenue and does not function as a penalty
What are the limits on the taxing power?
- No taxes on exports
- taxes must be uniform across the nation
- Direct taxes must be apportioned among the states
The spending power must be used for what?
The general welfare
When is conditional spending allowed
- conditions are clearly stated
- reasonably related to a federal interest
- do not require the states to do anything unconstitutional
- not unduly coercive
Anti-Commandeering Principle?
Congress may not force states to 1. enact legislation OR
2. perform federal executive duties
Can a state consent to being commandeered?
NO
Dormant commerce clause?
State’s cannot pass laws that discriminate against or unduly burden interstate commerce
When does a state law discriminate against interstate commerce?
When it favors instate interests over out of state interests OR if it blocks interstate commerce at its border
Can a discriminatory state law be upheld?
Yes. it will receive strict scrutiny. Therefore, the law will only be upheld if
1. it serves a legitimate state purpose
2. that cannot be achieved through any non discriminatory alternative
What if a law is facially non discriminatory but unduly burdens commerce?
Intermediate scrutiny: Pike Balancing test
1. law has a legitimate objective
2. law is rationally related to that interest
3. burdens on commerce are not clearly excessive compared to the local benefits
Exceptions to the dormant commerce clause?
State’s can discriminate against other states if the state itself is a market participant. (I.e. state’s can pass laws that say the state can only buy from in state businesses
Can a state impose a tax on interstate commerce?
Yes IF
1. it is applied to a person or activity that has a substantial nexus with the state
2. it is fairly apportioned (based on the amount of business connected with the state
3. does not discriminate against interstate commerce
4. fairly related to the services provided by the state
Valid excuse doctrine
a neutral rule regarding court admin constitutes a valid excuse for a state to refrain from hearing a federal cause of action (Ex. neither P nor D are state resident, actions arising outside the forum’s territory, forum non conveniens, SoL).
Types of preemption
- Express (Congress expressly says that the federal law preempts state law)
- Implied (directly contradicts with state law, state law presents an obstacle to applying the federal law, or if congress intended the law to cover the entire field of law)
Can state’s tax the feds
No state taxes on the federal government or any agency or entity so closely connected with the federal government that the two cannot be viewed as separate entities
When will a private actor be considered a state actor?
IF the private actor performs a traditionally exclusive government function (e.g. taxing), if the government and private actor are in a symbiotic relationship, if the government has encouraged or facilitated the private action, or if the government is inextricably intertwined in the control of the private entity (state athletic board)
Government and private actor symbiotic relationship
both are interdependent, joint participants in a mutually beneficial venture.
Procedural due process
notice and an opportunity to be heard
When does a person have a property interest for due process to apply
must have an entitlement based on law, regulations, or contract
How to determine what type of due process is required
Consider
1. the private interest at stake
2. the risk of erroneous deprivation
3. the government’s interest, including the fiscal and administrative burdens imposed by additional or substitute safeguards
When is post deprivation due process allowed
if the governments interest is so high that it justifies deprivation before a hearing OR if a government official deprives in an unauthorized or unforeseeable way
Substantive due process: implied rights
- right to marry
- right to purchase and use contraceptives
- right to have and raise children
- right to control a child’s education
- right to refuse medical treatment
