Con Law Flashcards
Justiciability
For a case to be heard in federal court, it must be justiciable, meaning a case or controversy must exist
• To determine whether a case or controversy exists, the case must satisfy requirements for:
1) Standing
2) Ripeness
3) Mootness
4) Political question doctrine
Standing
A party must have a concrete interest in the outcome of a claim to have it heard in federal court:
Individual
Third-party
Organizational
Individual Standing Requirements
Injury
Causation
Redressability
Standing Injury
P must have suffered some injury or show a likelihood of imminent injury
» Note — look for Ps who have personally suffered injury or economic loss
» Ps seeking an injunction or declaratory relief must show a likelihood of future harm
Standing Causation and Redressability
P must allege that D caused the injury and that the court can grant a proper remedy
Taxpayer Standing
P cannot sue solely as a U.S. citizen or taxpayer to compel the govt. to act in a particular way
• Exception — taxpayers have standing to challenge specific
govt. expenditures pursuant to the Establishment Clause
Third Party Standing
A party generally lacks standing to assert the claims of another,
unless one of the below exceptions applies. Requires:
Special relationship between P and the injured third party
Injured party is unlikely or unable to assert his own rights
TP Standing Special Relationship
P may assert the rights of a third party whose injury adversely affects P or his relationship with P
• E.g., doctor could assert patients’ rights in challenging abortion restrictions; bar owner could assert underage males’ rights in attacking state ban on beer sales to underage males only
TP Standing Unlikely to assert
» E.g., association could attack law requiring disclosure of member identities because members could not attack law directly without revealing their identities
Organizational Standing
» Organizations always have standing if injury is to organization itself
» Organizations may also sue on behalf of members if:
a) Members would have standing to sue individually;
b) Injury is related to the organization’s purpose; and
c) Neither claim nor relief requires participation of individual members
Ripeness
Cases must be sufficiently developed
• Arises with pre-enforcement review of statutes or regulations
• Courts may grant pre-enforcement review if P will suffer
harm or an immediate threat of harm
Mootness
A live controversy must exist at all stages of review
• If circumstances causing P’s asserted harm cease to exist
after P files suit, the case must be dismissed as moot
Exceptions to Mootness
Wrongs capable of repetition but evading review - injury ceases before litigation can ever happen (i.e. abortion)
Voluntary cessation by D - but can resume
Class action lawsuits - only one member must have ongoing injury
Political Question
Federal courts will not adjudicate certain constitutional issues
that constitute political questions.
Common Political Q’s
1) Actions under the “republican form of government” clause
in the Constitution
2) Challenges to the conduct of foreign policy
3) Challenges to impeachment and removal proceedings
4) Challenges to partisan gerrymandering
Common Non-Political Q’s
- Legislative apportionment
* Production of presidential papers/communications
Methods of Supreme Court review
Discretionary Review
Mandatory Review
Original JDX
USC Discretionary Review
Most cases get to the U.S. Supreme Court by writ of certiorari; the Court then decides whether to grant review
USC Mandatory Review
The Court must take appeals from three-judge district court panels regarding injunctive relief
» This bypasses the courts of appeal
USC OG JDX
Suits between states
» Supreme Court has original and exclusive jurisdiction over suits between states (i.e., these suits must be filed in the Supreme Court)
USC Final Judgment Requirement
Supreme Court only hears cases on review if there has been a final judgment of a lower federal court or a state’s highest court
USC State Court Decisions
Supreme Court cannot review a state court decision that rested on an independent, adequate state law ground
• I.e., if the state decision is based on federal and state law, the Supreme Court will not grant review unless the decision cannot stand on the state grounds alone
11th Amendment Immunity
The 11th Amend. bars suits against state govts. in federal court
• Federal courts cannot hear claims from a private party or foreign govt. against a state govt.
Exceptions to 11th Amendment
Suits against state govts. are allowed if:
1) The state waives sovereign immunity or consents
2) The suit involves the enforcement of laws under §5 of the 14th Amend. and Congress has removed immunity
3) The federal govt. brings the suit
4) Bankruptcy proceedings
Suits Against State Officers 11th Amend
Can be brought in federal court if the suit involves:
1) A claim for injunctive relief for violation of the Const. or federal law
2) A claim for money damages to be paid by the state officer personally
Necessary & Proper Clause
Congress can exercise constitutionally-enumerated powers and all auxiliary powers that are necessary and proper to carry out those enumerated powers
• Enables Congress to take any action not constitutionally prohibited to carry out its express powers
» This authority constitutes Congress’s implied powers
Taxing & Spending Power
Congress may tax and spend in any way deemed necessary for the “general welfare” (a very broad power)
» Note — “general welfare” as an answer choice is usually correct only if the question concerns taxing, spending, or an area within Congress’s limited police power (military, Indian reservations, land, D.C.)
• Taxes must reasonably relate to revenue production (a very low threshold)
Regulations for Taxing & Spending
Congress can use its taxing power to achieve a regulatory effect as long as the tax’s dominant intent is to raise revenue and there is some reasonable relationship between the tax and regulation (low burden to satisfy)
Fed Police Power
Congress has no general police power, except for legislation concerning:
1) Military
2) Indian reservations
3) Land — i.e., federal land or territories
4) District of Columbia
Commerce Clause
The Commerce Clause gives Congress exclusive authority to regulate interstate commerce
• Congress may also regulate intrastate commerce if it sufficiently affects interstate commerce
Interstate Commerce
Between states
• Congress may regulate channels, instrumentalities, or economic activities that have a substantial effect on interstate commerce
» Includes persons and things in interstate commerce
Intrastate Commerce Economic
Congress may regulate commercial or economic activities if the cumulative effect of those activities substantially affects interstate commerce
Intrastate Non-Economic
Congress may only regulate non-economic activities if the activity individually and substantially affects interstate commerce as a matter of fact
» Congress may not regulate non-economic activities based on “cumulative effects”
DCC
Limits state laws burdening interstate commerce (i.e., potentially interfering with Congress’s commerce power)
10th Amendment
All powers not granted to the federal govt., nor prohibited to the states, are reserved to the states under the 10th Amend., which acts as a restriction on congressional regulation of states
• Congress can tax and regulate if the tax or regulation applies
to the private sector and state/local govt., but not govt. only
Conditional Grants
Congress can induce (but not compel) state regulatory or legislative action through the use of conditional grants
• Requirements:
1) Condition must be expressly stated
2) Condition must somehow relate to the purpose of the law at issue (low burden to satisfy)
• E.g., federal highway funds conditioned on states maintaining a minimum drinking age of 21
Congressional Delegation of Powers
Congress has broad authority to delegate legislative powers to executive officers and administrative agencies
• Congress must provide intelligible standards to define the scope of legislative authority it delegates
• Administrative agencies established by congressional enabling acts can create rules that have the status of law
» However, such laws cannot be overturned by legislative veto
Limitation to Delegation
Congress may not delegate executive or judicial powers to itself or its officers (e.g., Congress cannot create commissions that enforce or prosecute violations of law)
• Note — b/c the delegation power is broad, be wary of answer choices regarding excessive delegation
Legislative Veto
Congress cannot veto a decision by an agency acting pursuant to delegated power
» Must be overturned by enacting a superseding law
Line-Item Veto
President cannot veto part of a bill; must sign or veto the bill in its entirety
President Appt Powers
Has power to appoint ambassadors, federal judges, and other high-level officers.
Congress Appt Powers
Cannot give itself appointment powers
» Congress can vest the power to appoint inferior officers in the President, federal courts, or heads of departments or agencies
» Inferior officers — usually those working under presidentially-appointed officers (i.e., can be fired by the appointed officer)
President Removal Powers
Can remove any high-level executive officer
» Limitation — good cause is required to fire those in positions that Congress has decided should be independent (e.g., independent counsel)
Congress Removal Powers
Can only remove executive officers through its impeachment power
Impeachment
• House of Representatives can impeach the President, VP,
federal judges, and federal officers for treason, bribery, or high crimes and misdemeanors — requires majority vote
• Upon impeachment, trial in the Senate — requires 2/3 vote for removal from office
Presidential Immunity
President has absolute immunity from civil suits arising from official actions while in office
• No immunity for actions occurring prior to taking office
Executive Privilege
Protects against the disclosure of presidential papers and conversations
• Important govt. interests in criminal cases can override the privilege (e.g., Watergate — presidential documents and phone logs were disclosed for evidentiary purposes, which overrode the privilege)
Pardon Power
President has the power to pardon those accused or convicted of federal crimes (not state crimes)
• Exception — President cannot pardon someone for convictions leading to impeachment
• President may also commute sentences
• Congress cannot limit President’s pardon power
Treaties
Agreements between the U.S. and foreign countries negotiated by the President
• Become effective upon ratification by 2/3 of the Senate
Conflicts of Treaties
If a treaty conflicts with other sources of law, these rules control:
» Conflicts with state law — treaty prevails
» Conflicts with federal law — most recent prevails
» Conflicts with the Const. — Const. prevails
