Con Law Flashcards
Con Law - JUSTICIABILITY
1) Standing
2) Ripeness
3) Mootness
4) Political Question
5) 11th Amendment
Con Law - INDIVIDUAL STANDING
1) Specific injury, greater and different from the injury all persons suffer because the government is engaged in unconstitutional action.
2) Injury is fairly traceable to the challenged conduct, and
3) Ruling favorable to π would eliminate his harm
Con Law - THIRD PARTY STANDING
π may assert the constitutional rights of others IF:
1) π has suffered injury, AND
2) 3P finds it difficult to assert his own rights OR π’s injury adversely affects his relationship w/ 3P
Con Law - ORGANIZATIONAL STANDING
1) Organization has standing to challenge gov’t conduct that directly injures it
2) Organization can challenge action that injures its members IF:
- -there is an injury in fact to members that would give them standing
- -the injury is related to the organization’s purpose, and
- -neither the nature of the claim nor the relied requested required participation of the individual members in the suit
Con Law - RIPENESS
Federal courts will not hear a case unless π has been harmed or threatened w/ immediate or imminent harm
Con Law - MOOTNESS
If the relief requested has either already been obtained or is no longer a realistic solution, a federal court will not hear the case UNLESS the injury is capable of repetition yet evading review
Con Law - POLITICAL QUESTION
A federal court will not hear a matter that is textually assigned to another branch or incapable of a judicial answer
Con Law - 11TH AMENDMENT
Bars suits against STATES in federal ct unless π claims a remedy for EP or DP violations under the 14th A.
Actions against states include:
1) action against state gov’t for damages
2) action against state gov’t for injunction or declaratory relief if state is a named party
3) action against state gov’t officers where the effect is retroactive damages paid from state treasury OR where state land would be taken away
4) action against state gov’t officers for violating state law
Con Law - COMMERCE CLAUSE
Congress has plenary power to regulate interstate, foreign, and Indian tribe commerce.
Interstate Commerce includes:
1) Channels of IC
2) Instrumentalities of IC
3) Activities w/ a substantial econ effect on IC
- -affirmative act that is economic in nature
- -may be purely local if it affects IC in the aggregate
Con Law - DORMANT COMMERCE CLAUSE
A state or local law is invalid if it EITHER:
1) discriminates against out of state competition to benefit local economic interests OR
2) is unduly burdensome on IC
- -legitimate local benefits do not outweigh the incidental burden on IC
Con Law - DORMANT COMMERCE CLAUSE EXCEPTIONS
1) Furthers important non-economic interest and there is no reasonable non-discriminatory alternatives
2) Gov’t is a market participant (still not may promulgate an outright ban if there are ANY external downstream effects)
3) Congressional waiver/exemption
4) Gov’t performing a traditional public function (still no outright ban allowed)
Con Law - ARTICLE IV PRIVILEGES AND IMMUNITIES
State discrimination against non-citizens of that state as to fundamental rights may only be valid if the state has a substantial justification for the different treatment
Fundamental = 1st, 2nd, 4th, 5th, 6th, and right to earn a living
Justification = non-citizens cause or are part of a problem AND there are not less restrictive means to solve the problem
Con Law - TAXING POWER
Congress has plenary power to impose and collect taxes:
1) on any activity it can otherwise regulate OR
2) where it is reasonably related to a revenue raising purpose
Indirect taxes should also have geographic uniformity
Con Law - SPENDING POWER
Congress has the power to spend for the general welfare. In so doing, it may place condition on state receipt of federal funds, IF:
1) condition is unambiguous
2) condition relates to the federal program funded
3) state is not required to undertake unconstitutional action
4) amount in question is not so great as to be coercive to the state’s acceptance
Con Law - 13TH AMENDMENT
Authorizes Congress to pass laws prohibiting slavery, the badges of slavery, and involuntary servitude.
Gives Congress the power to prohibit racial discrimination in public AND private transactions.
Con Law - CONTRACTS CLAUSE
A state gov’t may not substantially impair the obligations under existing private Ks unless the law serves a (1) legitimate and important state interest AND (2) is reasonable and narrowly tailored to promote that interest.
Public Ks are not impaired if either the authorizing statute or the K itself reserves the right to amend, revoke, or modify the K
Con Law - LEGISLATIVE VETO
Unconstitutional Congressional attempt to overturn executive agency action w/o bicameralism and presentment
Con Law - SUPREMACY CLAUSE
A valid act of Congress, federal regulation, or executive order preempts any state/local action conflicting w/ it.
EXPRESS - directly states it conflicts IMPLIED -Actual Conflict -Interference w/ valid federal objective -Field Preemption - appears Congress intended to occupy the entire field of regulation such that is it significantly comprehensive in scope and creates an agency to administer it
Con Law - APPOINTMENT POWER
Ambassadors, judges, and officers of the US = President w/ advice and consent of Senate
Other officers = President alone, Cabinet officers, or Courts
Congress CANNOT appoint officers in the executive branch
Con Law - PARDON POWER
President has power to grant pardons for offenses against the US
