con law Flashcards
article 1judges
the bitches of the court system
do small, unimportant shit like reviewing agency decisions.
congress can reduce their salaries and fire them whenever they want.
article 3 judges
district court trial judges
fully separate from all the other branches, so they made their pay untouchable and allowed them to serve until death or retirement.
supreme court cases derive from:
appellate jurisdiction
original jurisdiction
article 3
Allows congress to strip the federal courts of appellate jurisdiction
Congress can restructure lower federal courts
They can consolidate jurisdictions, change the scope of what federal courts can hear (they could even eliminate diversity jurisdiction or limit appeals altogether for certain types of cases if they wanted).
When the bar exam asks a weird question about congress changing some shit with the lower federal courts, the answer will always be that it is allowed and this power is derived from article 3 (the judicial vesting clause)
Congress does something weird involving lower federal courts = that’s allowed
Why? Article 3.
original jursidction
simply means that the court has the authority to hear a case right when it starts rather than on appeal.
the supreme court has _ and _ jurisdiction over cases between two states
original and exclusive
scotus has original but not exclusive jurisdiction over
PACS-man
public ministries
ambasadors
consuls
cases where one state is a party
can congress enlarge or mess with the original jurisdiction of SCOTUS?
no
the original jurisdiction of the supreme court stays the same and CANNOT be messed with
supreme court appellate jurisdiction
Appellate jurisdiction just means that some courts have power to review and modify the decision of a lower court.
Cases can come through appeal by RIGHT or appeal by WRIT of certiorari (discretionary appeal that judges have to agree to hear)
Congress can mess with (enlarge or restrict) the supreme court’s appellate jurisdiction
what else can congress change about the supreme court?
- the size of the supreme court
- change the qualifications to become a supreme court justice
- control the funding of the supreme court
11th amendment
we don’t want citizens suing a state in federal court
because we want to limit the almighty power of the feds and separate the jurisidiction of the state courts and federal courts.
called federalism
who can citizens not sue
- their own state in federal court
- another state in federal court
- state officials in their official (not private) capacity in federal court.
notes:
* 11th amendment does not apply to city or town officals, only state officials.
* a citizen of illinois could sue the state of indiana in illinois STATE court.
11th amendment exceptions
waiver - a state can consent to being sued by citizens in federal court
federal government sues a state in federal court
this is allowed
federal government runs shit - ever heard of the supremacy clause?
they can bring that weak ass state government into federal court whenever they want
congress abrogating a states immunity
Sometimes, when a state is fucking with their citizen’s civil rights… daddy Federal Government will step in.
Congress can authorize suits and damages against states in Federal Court under the
* 13th (slavery),
* 14th (equal protection under the laws and civil rights), and
* 15th Amendments (cannot prevent voting based on race)
If a state violates the 13th, 14th, or 15th… they are now about to be sued in Federal court.
two states at war in federal court
Two states may sue each other in federal court so long as one state isn’t “secretly” bringing their suit on behalf of their citizens
suits against state officers - ex parte young
The court decided that a state citizen could only sue state officials if they were acting outside of their legal authority and violating federal law…. and they could only sue them to enjoin them from violating federal law (i.e. only for an INJUNCTION to stop them violating the federal law and not money damages)
why can’t you sue a state official in federal court for money damages?
Because you have to understand my Goats, suing a state official in federal court for money damages… which would be paid by none other than THE STATE… would be no different from suing the STATE itself lmao.
when can you sue a state official for money?
when you sue a state official in their personal capacity
Suing a state official for money out of THEIR own pockets because they HIT YOUR CAR = THIS IS FINE.
Suing a state senator and wanting retroactive money damages from the STATE COFFERS (yes I just said coffers) = THIS IS NOT FINE.
You get it. Because when the state official themselves pay for something they did… it isn’t like the federal courts are bossing around the State treasury.
It’s just a weirdo paying for his car accident.
overall - so when can a someone sue a state in federal court?
- State waives their right to be sued
- Congress abrogates because a state was fucking around with civil rights
- Federal government sues state in federal court
- You can sue a state official for injunctive relief if they are acting OUTSIDE the scope of their authority by violating federal law OR in their personal capacity if they hit your car or something.
justiciability doctrine
meant to ensure that courts deal with actual, real and concrete issues. not theoretical political issues.
courts only hear true CASES or CONTROVERSIES
how to satisfy a case or controversy requirement
a plaintiff must have a sufficient interest in the dispute.
plaintiff must show that they
1) have been injured or
2) they will be injured soon.
general rule suing as a taxpayer
The general rule is that you cannot be suing ONLY as a taxpayer or a citizen who is interested in the government following the law
Flat v Cohen held that a taxpayer has standing to sue the government to prevent an unconstitutional use of taxpayer funds.
Exception kind of revolves around religion / establishment clause
You can’t just be a narc and bring random lawsuits that you weren’t even a part of … mind your own business.
Ex. Johnny sued Lockheed Martin because they created bombs with his tax dollars and he’s mad about it.
or
Karen sued the government to release the budget of the FBI because she was schizo
Sorry Karen and Johnny… it’s not going to happen. You aren’t part of this. Go find some friends.
You can’t sue because congress narrowed the Arapawa Endangered Goat enclosure under the Endangered Species Act based on a potential trip you might have taken to see these beautiful creatures
YOU HAVE TO HAVE BOOKED THE TRIP NOW
TO SUE YOU NEED AN INJURY OR A VERY LIKELY FUTURE INJURY
what do you need when you are seeking injunctive relief?
If you are seeking injunctive relief you must show a likelihood of future harm… and your case for standing will be strongest if you are alleging likelihood of future monetary harm.
you also need redressability and causation
the plaintiff must actually show that the defendant caused the injury, so that a court decision will actually resolve the injury