Con Law Flashcards
Justiciability
Under Article 3, the jdx of federal courts is limited to cases or contoversies. The case must be ripe, not moot, the plaintiff must have standing.
Ripeness
a case is not ripe if there is no actual or imminent threat of harm
Moot
A case is moot if the legal proceedings will have no effect, unless it is a class aciton or an issue capable of repetition but evading review
Standing
The plaintiff must show injury in fact (concrete and particularized), causation, and redressibility.
Tax payer standing
very limiting, tax payers cannot challenge governmetn spending generally unless challenging specific legislatively authorized expenditures as a violation of the establishment clause
Third party standing
no standing unless the 3rd party is unable to assert their own rights, there is a spcial relationshp betweent he plaintiff and the third party, or the injury to the plaintiff affects the relationship with 3P
Organizational Standing
may sue on behalf of members if the members would have standing and the interest is germane to the purpose of the organization
Advisory Opinions
not allowed, actual case or controversy needed
Declaratory judgments
not prohibited, but the challenged action must pose a real and immediate danger to the party’s interests
Political questions
not subject to judicial review if the Constiuttion has assigned decision making to another branch of the government or the matter is inherently not one that the judiciary can decide
Eleventh Amendment Limitations/soveregn immunity
a federal court can generally not hear a claim by a private citizen against a state government; this doesn’t protect local governments
a state is immune for suit for money damages by its own citizens in state or federal court
Exceptions to sovereign immunity
- consent by the state
- injunctive relief against a state official
- money damages against state officer personally
- prosepective damages paid by treasury in suit against hte state officer
- congressional abrogation under 13, 14, 15th amendments
- Structural waivers: actions brought by US govt’, bankruptcy proceedigs, federal condemnation, war and defense power actions
Powers of Congress
the powers of congress are those enumerated in the constiuttion. Powers not granted to the federal gov’t or prohibited to the states belong to the states
Nondelegation doctrine
Congress can only delegate its power to an agency if it gives an intelligible principle to guide them.
Anti comandeering clause
The federal government cannot comandeer the states by requiring them to pass or nullify laws, or requiring their law enforcement to enforce or not enforce.
Commerce power
Congress can regulate channels of commerce, instrumentalities of commerce, and any activity that substantially affects interstate commerce.
Substantial economic effect: congress can regulate any activity that has a substantial economic effect on interstate commerce, measured by whether the activity in the aggregate would affect interstate commerce. This is presumed for economic activity, but must be established for noneconomic activity
Taxing and spending power
Congress has the power to tax if it is reasonably related to raising revenue
Congress has the power to spend for the general welfare and can use its spending power to regulate activity by conditioning federal funding on such activity.
Necessary and Proper clause
enables congress to legislate to carry out its powers. Not a justification on its own
War and defense powers
power to declare ware, raise and suport armies, provide and maintain a navy
Property power
no limit to disposing US proeprty, but may only take private property for public use with just compensation
Power over noncitizens and citizenship
plenary power over noncitizens, exclusive authority over naturalization
