Con Law Flashcards
Con Valid Case/Contr
Standing
Timing
11th Amend
Con Standing
Individual
3rd Party
Taxpayer
Organizational
Individual Standing
Injury Actual or imminent Traceability Redressability Outcome must be possible
Con 3rd Party Standing
Individual standing
Special relationship between the two
Difficult for 3rd party
Taxpayer Standing
Only for violation of Establishment
Org Standing
Members have standing
Interests related to org’s purpose
Does not require participation by org’s members
Con Timing to File
Ripeness
Mootness
Ripeness
Cannot be too speculative
Mootness
Must still be in controversy
Exceptions of Mootness
Collateral Consequence
Voluntary Cessation
Class action
11th Amend
Provides immunity to states from federal suit
Individual 11th Amend
Precludes citizens from
Suing their own state in Fed court
Gov’t 11th Amend
Precludes citizens of one state from
Suing another state in Fed court
Not Barred by 11th Amend
Actions against local gov’t
Actions by US gov’t
Bankruptcy
Exceptions to 11th Amend
Injunctive Relief When state official Enjoined from enforcing state law Damages Only if officer pays b/c outside law
Con State Action
Must be gov’t involvement for violation of constitution
Two types: Traditional or Entanglement
Trad State Action
Elections OR private property used for public services
Entanglement State Action
Significant State Involvement:
When gov’t acts affirmatively to
Facilitate, encourage, or authorize activity
Judicial and law enforcement
Government licensing and regulation
Government subsidies
Voter initiatives permitting discrimination
10th Amend state powers
All powers not assigned to Fed go to state cannot compel states to pass laws
Fed Legislative Powers
Commerce Clause Taxing/Spending War Alienage Enabling Delegation DC
Commerce Clause
Channels: Highways, waterways
Instrumentalities: Cars, trucks
Activity that substantially affects
Intrastate:
Commercial or economic:
Rational basis
Substantial economic effect on interstate
Noncommercial or noneconomic:
Direct and substantial effect on interstate
Legis Taxing Power
Reasonable relation to revenue production
Goods exported to foreign cannot be
Taxed by Congress
Legis Spending Power
Broad power for general welfare
Legis War Power
Power to declare war and raise armed forces
Legis Alienage Power
Plenary
Legis Enabling Power
Broad authority to enact laws necessary and proper
Rationally related to enumerated power
Legis DC Power
Congress supreme authority
Legis Delegation Power
Generally no
Sometimes if intelligible principle
Explicit Exec Power
Appointment
Veto
Pardon
Military
Exec Appt Power
Officers subject to senate approval
Exec Veto Power
In its entirety
If no action by pres &
Congress in sess, law passes
Exec Pardon Power
Federal offenses
Except impeachment
Exec Military Power
Action w/out declaration of war
Can be limited by Congress
Inherent Exec Powers
Max Auth
Zone of Twilight
Lowest Ebb
Inherent Max Auth
Express or implied auth by Congress
Difficult to challenge
Inherent Zone of Twilight
No act by Congress either way
Constitutional unless usurp powers given to Congress
Inherent Lowest Ebb
Express denial from Congress
Constitutional ONLY if Congress
Act was unconstitutional
Judiciary Power for Fed to Review Cases
Arising under the Constitution Admiralty Between two or more states Between citizens of different states Between state or its citizens and a foreign country
Exception to Fed Power to review Cases
Independent and adequate state law
Will not be heard even a Fed question
Express Preemption
Language shows intent
“Supersedes any and all state laws”
Preemption
State limitations for legislation based on Fed laws
Implied Preemption
Conflict: mutually exclusive
Impedes Fed legislative goal
Field: Congress occupy particular area of law
DCC
Commerce clause reserves to congress
Power to regulation commerce
If congress has not acted then state can regulate so long as does not discriminate or unduly burden interstate commerce