Con Law Flashcards
Case or controversy
(1) standing
(2) ripeness
(3) mootness
(4) not a political question or advisory opinion
Standing
A party must have a concrete interest in the claim
(1) injury
(2) causation
(3) redressibility
third party standing
P may assert the rights of a third party where P has standing and either
- the injured third party is unlikely / unable to assert their rights, OR
- Injury has adversely affected P’s relationship with the third party
third party org standing
Org may sue on members’ behalf if:
- Injury to the members that would give members standing to sue individually;
- Injury is related to the organization’s purpose; and
- Neither claim nor relief requires participation of individual members
Ripeness
The dispute must be matured. Only applies to laws pre-enforcement if
(1) the issue is fit for judicial decision, and
(2) P would suffer substantial hardship in the absence of review
Depends on likelihood of enforcement
Mootness
Suffering from an on-going injury. Exceptions
- controversies capable of repetition by avoiding review
- Voluntary cessation by D that can resume them at any time
- class action where at least one claim is viable
11th Amendment - Sovereign immunity
Bars suits against state govt in fed court unless
(1) the state waives sovereign immunity or consents,
(2) the suit involves the enforcement of laws under sec. 5 of the 14th Am. and Congress has removed immunity,
(3) the fed. govt. brings the suit, or
(4) bankruptcy proceedings
But suits against state officers can be brought in fed. court if the suit involves either:
- Injunctive relief claim for violation of the Const. or fed. law, or
- Claim for money damages to be paid by the state officer personally
SCOTUS jdx
SCOTUS has OG jdx over suits between states and cases involving foreign ambassadors/ministers.
- Must be filed in fed. court (but suits between states must be filed in SCOTUS)
- Congress cannot expand Court’s OG jdx to other types of cases
SCOTUS also has appellate jdx over cases with a final judgment
- Discretionary review – by writ of certiorari >
- Mandatory review — the Court must take appeals from three-judge district court panels regarding injunctive relief > This bypasses the courts of appeal
Powers of Congress
Taxing and Spending Clause
- Congress has the power to tax if the tax is intended to raise revenue OR if Congress has the power to regulate what is being taxed
- Congress has the power to spend for the general welfare
Commerce Clause - Congress may regulate channels, instrumentalities, or economic activities that have a substantial effect on interstate commerce.
May also regulate intrastate economic activities if there is a rational basis to conclude that the activity, in aggregate, substantially affects interstate commerce.
Property Powers - Power to make rules for territories and other prop of the US.
Necessary and Proper clause - grants Congress the power to legislate to enforce rights under other clauses
Postal, admiralty, and power over aliens
Restrictions on grants
Conditions are valid if:
(1) clearly stated
(2) related to the purpose of the program
(3) not unduly coercive
Federalism limitations - supremacy clause
- Supremacy Clause > fed preemption (impossible to meet both laws), express preemption, and field preemption (congressional scheme is so comprehensive)
- Full faith and Credit Clause
Federalism limitations - Dormant Commerce Clause
- Dormant Commerce Clause
— regulations that favor local business or intentionally discriminate against interstate is invalid unless (1) state is market participant, (2) necessary to an important, non-econ state interest w no reasonable alternatives available, or (3) govt action regarding a traditional govt function
— regulations that create an incidental burden on interstate commerce are invalid if they impose an undue burden (the court balances the legitimate state int. vs burden on commerce)
Federalism limitations - Art IV privileges and immunities
Prohibits intentionally protectionist discrimination from a state to non resident if it involves the non resident’s commercial activities or fundamental rights.
std - important govt interest with no less restrictive means
State Taxes
Cannot be discriminatory. if they are not, there still needs to be
(1) substantial nexus to the state,
(2) apportionment, and
(3) relation between tax and benefit
Government action
A government actions is one taken by government officials or private entities that are either
(1) performing an exclusive public function, or
(2) where there is entwinement between the govt and the private entity is significant
