Con Law Flashcards
Justiciability Issues
Standing, Ripeness, Mootness, Political Questions
Standing
A federal court cannot decide a case unless the plaintiff has standing—i.e., a concrete interest in the outcome—to bring it.
Standing requires injury in fact, causation, and redressability.
Injury in Fact
Injury in fact requires an injury be concrete and particularized.
Future Injury (Standing)
A threat of future injury can sufficie, but it must be actual and imminent. For future injury, can only seek injunction.
Redressability
It must be likely (not just speculative that a favorable decision would redress plaintiff’s injury.
Ripeness
There is no standing if there is no actual or imminent threat of harm.
Taxpayer standing
A taxpayer does not have standing to file suit to challenge allocation of funds, but can challenge how much they owe on the tax bill. They can also challenge expenditures as violating the Establishiment Clause.
Organizational Standing
An organization has standing if it has suffered an injury. It can bring an action on behalf of its members if 1) its members could satisfy standing in their own right and 2) the interests are germane to the organization’s purpose
Third Party STanding
A plaintiff only has standing on behalf of third party if: 1) 3p is unable to assert their own rights; 2) there is a special relationship; or 3) injury to P will affect relationship with 3p
Mootness
There is no standing when legal proceedings will have no effect becuase there is no longer a controversy.
Exceptions: capable of reptition yet evaiding review; D’s voluntary cessation; collateral legal consequences could affect P; class actions
Declaratory Judgment
Courts may issue declaratory judgments that determine legal effect of proposed conduct without awarding damages or relief. The challenged action must pose a real and immediate danger.
Political Questions Doctrine
The court will not rule on political questions, which arise when: i) Constitution has assigned decision-making to different branch; or
ii) Matter inherently not for judiciary.
Eleventh Amendment
A federal court cannot hear an action by a private citizen or foreign country against a state government.
Exceptions:
- Constent by state
- Injunctive relief against state official (except state court judge or clerk)
- Money damages against state officer personally
- Prospective damages to be paid by state treasury in suit against state officer
- Congressional abrogation under 13th, 14th, or 15th amendments
- Structural waivers (actions brought by US government; bankruptcy proceeding; condemnation proceedings; war and defense power suits)
Congressional powers
The powers of congress are limited to those enumerated by the Constitution. Powers not granted to the fed gov nor prohibited to the states are reserved to the states and to the people.
Commerce Clause
Congress has teh power to regulate channels, instrumentalities, and any activity substantially affecting interstate commerce, provided the regulation does not infringe upon any other right
Substantial effect on interstate commerce
May consider economic activity in the aggregate. Factors:
- Are the activities economic in nature? (presumed substantial effect)
- Regulation has jurisdictional element that limits reach to activities with direct connection to interstate commerce
- Express congressional findings about effect
- strong link between regulated activities and effect
Tax Power
congress has the power to tax if it is reasonably related to raising revenue. The general welfare clause gives congress permission to exercise power to tax for any public purpose.
Congress may not tax exported goods
Spending Power
Congress has the power to spend for the general welfare and can use that power to regulate by conditioning federal funding on such activity. (But can’t impose unconstitutional conditions.)
Necessary and Proper
Enabling clause allowing Congress to execute its powers
Enforcement Clauses
Power to pass “appropriate legislation” to enforce:
- elimination of racial discrimination, as one of badges and incidents of slavery (13th amendment)
- equal protection and due process rights (14th amendment)
- voting (15th amendment)
14th Amendment Power limitation
Must be “congruence and proportionality” between injury and means adopted
15th Amendment Power limitation
Can’t treat states differently unless rationally justified by CURRENT circumstances (Shelby County)
War Powers
Power to declare war, raise and support armies, provide and maintain a navy, make rules for land and naval forces, organize militia
Property Powers
Power to dispose of and make needful rules and regulations respecting territory or other property of US
Election Powers
Power to override state laws concerning federal elections
Naturalization Power
Exclusive authority to establish uniform rule of naturalization
Investigatory Power
Broad authority (via N+P) to conduct investigations incident to power to legislate
Removal Power
president may remove executive appointees without cause, and Congress may not shield with multi-tiered system
Appointment Power
Officers: Must be appointed by the president, with advice and consent of the senate
Inferior officers: May be delegated to president alone, heads of executive departments, or the courts
Pardon Power
Power to grant reprieves and pardons for offenses against the US, EXCEPT IMPEACHMENT. Limited to federal cases and may be granted any time after crime committed.
Three zones of presidential power
Express or implied authorization of congress: authority at its highest, action presumed valid
Congress has not spoken: authority is diminished, and action invalid if interferes with another branch
Congress has spoken to contrary: authority is at its lowest, action likely invalid
Treaty power
President has exclusive power to negotiate treaties, which must be ratified with 2/3 approval of senate
Executive agreements
President has power to enter into EAs, which do not require senate approval
